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

Test Method Expiration Date IA Responsible Associated Laboratory AASHTO T30 2026-04-17 Ed Gamboa Lab 1
AASHTO T84 2026-04-17 Ed Gamboa Lab 1
AASHTO T85 2026-04-17 Ed Gamboa Lab 1
AASHTO T96 2026-04-17 Ed Gamboa Lab 1
AASHTO T210 2026-04-17 Ed Gamboa Lab 1
AASHTO T304 2026-04-17 Ed Gamboa Lab 1
ASTM D4791 2026-04-17 Ed Gamboa Lab 1
Additional Notes: 23-1047.

Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
241
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
David Ordaz
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 04/29/2024
Technician ID: 05243
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 212 2026-04-17 Ed Gamboa Lab 1
CT 521.2 2024-12-15 Ed Gamboa Lab 1
CT 521.1 2024-12-15 Ed Gamboa Lab 1
CT 523.2 Section B.3 2024-12-15 Ed Gamboa (No lab)
Additional Notes: 23-1047
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
No Lab: Laboratory associated with the technician is not accredited to perform the test method identified. Technicians must be associated with an accredited laboratory.
242
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Christopher Gourtzelis
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 01/30/2023
Tester ID: 05137
Note: This certificate is valid as long as the Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 504 2028-01-13 Gabriela Lopez Lab 1
CT 518 2028-01-13 Gabriela Lopez Lab 1
CT 523.1 Section B.1 & B.2 2028-01-13 Gabriela Lopez Lab 1 CT 539 2028-01-13 Gabriela Lopez Lab 1
CT 540 2028-01-13 Gabriela Lopez Lab 1
CT 543 2028-01-13 Gabriela Lopez Lab 1
CT 556 2028-01-13 Gabriela Lopez Lab 1
CT 557 2028-01-13 Gabriela Lopez Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
IA # 150
243
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
David Eckhardt
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 07/08/2024
Technician ID: 01588
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 125 AGG 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 125 HMA 2026-06-28 Ed Gamboa Lab 2
CT 201 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 216 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 231 2025-05-02 Ed Gamboa Lab 1, Lab 2
CT 375 2025-05-02 Ed Gamboa Lab 1, Lab 2
Additional Notes: Reference IASR No. 24-0449
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 9332 Tech Center Drive#100, Sacramento Edward O. Gamboa IA No. 063
244
SIAD TL-0115: AASHTO PROFICIENCY

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
David Torik
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 05/04/2023
Tester ID: 04131
Note: This certificate is valid as long as the Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory AASHTO T11 2024-11-19 Avinash Ralla Lab 1
AASHTO T27 2024-11-19 Avinash Ralla Lab 1
AASHTO R47 2024-11-19 Avinash Ralla Lab 1
AASHTO R76 2024-11-19 Avinash Ralla Lab 1
AASHTO T166 2024-12-02 Sarbjit Grewal Lab 1
AASHTO T176 2024-11-19 Avinash Ralla Lab 1
AASHTO T209 2024-12-02 Sarbjit Grewal Lab 1
AASHTO T255 2024-11-19 Avinash Ralla Lab 1
AASHTO T269 2024-12-02 Sarbjit Grewal Lab 1
AASHTO T275 2024-12-02 Sarbjit Grewal Lab 1
AASHTO T283 2024-03-22 Ed Gamboa Lab 1
AASHTO T308 2024-12-02 Sarbjit Grewal Lab 1
AASHTO T312 2024-03-22 Ed Gamboa Lab 1
AASHTO T324 2024-03-22 Ed Gamboa Lab 1
AASHTO T329 2024-11-19 Avinash Ralla Lab 1
AASHTO T335 2024-11-19 Avinash Ralla Lab 1
Additional Notes: 23-0084.

Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
245
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
David Torik
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 05/03/2023
Tester ID: 04131
Note: This certificate is valid as long as the Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2024-11-19 Avinash Ralla Lab 1
CT 231 2025-03-22 Ed Gamboa Lab 1
CT 306 2024-11-19 Avinash Ralla (No lab)
CT 375 2025-03-22 Ed Gamboa Lab 1
CT 389 2024-03-22 Ed Gamboa Lab 1
Additional Notes: IASR No. 23-0084.

Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
No Lab: Laboratory associated with the tester is not accredited to perform the test method identified. Testers must be associated with an accredited laboratory.
246
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
David Torik
who is certified to perform the following tests:

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Donald Steckbar
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 07/08/2024
Technician ID: 03593
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 504 2029-02-23 Sarmad Dalal Lab 1
CT 518 2029-02-23 Sarmad Dalal Lab 1
CT 523.1 Section B.1 & B.2 2029-02-23 Sarmad Dalal Lab 1 CT 539 2029-02-23 Sarmad Dalal Lab 1
CT 540 2029-02-23 Sarmad Dalal Lab 1
CT 543 2029-02-23 Sarmad Dalal Lab 1
CT 556 2029-02-23 Sarmad Dalal Lab 1
CT 557 2029-02-23 Sarmad Dalal Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
IA# 160
249
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
James Auser
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 05/21/2021
Tester ID: 01585
Note: This certificate is valid as long as the Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 504 2026-03-26 Sarbjit Grewal Lab 1
CT 518 2026-03-26 Sarbjit Grewal Lab 1
CT 539 2026-03-26 Sarbjit Grewal Lab 1
CT 540 2026-03-26 Sarbjit Grewal Lab 1
CT 543 2026-03-26 Sarbjit Grewal Lab 1
CT 556 2026-03-26 Sarbjit Grewal Lab 1
CT 557 2026-03-26 Sarbjit Grewal Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
250
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Kenneth Clark
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 08/07/2023
Tester ID: 03177
Note: This certificate is valid as long as the Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify tester certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2024-03-19 Soroosh Amelian Lab 1, Lab 2
CT 125 AGG 2024-03-19 Soroosh Amelian Lab 1, Lab 2
CT 125 HMA 2025-07-18 Ed Gamboa Lab 2
CT 201 2024-03-19 Soroosh Amelian Lab 1, Lab 2
CT 205 2024-03-19 Soroosh Amelian Lab 1
CT 216 2024-03-19 Soroosh Amelian Lab 1, Lab 2
CT 226 2024-03-19 Soroosh Amelian Lab 1, Lab 2
CT 231 2025-07-18 Ed Gamboa Lab 1, Lab 2
CT 504 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 518 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 523.1 Section B.1 & B.2 2027-08-19 Dalton LaBoskey Lab 1, Lab 2 CT 539 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 540 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 543 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 556 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
CT 557 2027-08-19 Dalton LaBoskey Lab 1, Lab 2
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 3140 Gold Camp Drive, Suite 160, Rancho Cordova 251
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Keven F Evans
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 11/02/2023
Technician ID: 06416
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 504 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 518 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 523.1 Section B.1 & B.2 2027-06-24 Firooz Ahmad Hosainy Lab 1 CT 539 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 540 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 543 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 556 2027-06-24 Firooz Ahmad Hosainy Lab 1
CT 557 2027-06-24 Firooz Ahmad Hosainy Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
IA# 150
252
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Marvin A Pohl
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 03/25/2024
Technician ID: 06399
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 504 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 518 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 523.1 Section B.1 & B.2 2029-02-23 Firooz Ahmad Hosainy Lab 1 CT 539 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 540 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 543 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 556 2029-02-23 Firooz Ahmad Hosainy Lab 1
CT 557 2029-02-23 Firooz Ahmad Hosainy Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
IA# 156
253
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Scott Orr
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 07/08/2024
Technician ID: 03142
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 125 AGG 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 125 HMA 2026-06-28 Ed Gamboa Lab 2
CT 201 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 216 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 226 2027-01-05 Gabriela Lopez Lab 1, Lab 2
CT 231 2025-06-06 Ed Gamboa Lab 1, Lab 2
CT 375 2025-06-06 Ed Gamboa Lab 1, Lab 2
CT 504 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 518 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 539 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 540 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 543 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 552 2025-07-18 Ed Gamboa Lab 1
CT 556 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
CT 557 2025-10-09 Sarbjit Grewal Lab 1, Lab 2
Additional Notes: Reference IASR No. 24-0449.

Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 9332 Tech Center Drive#100, Sacramento Edward O. Gamboa IA No. 063
254
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Trevor Hamilton
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 07/08/2024
Technician ID: 05038
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 204 2025-06-28 Ed Gamboa Lab 1
CT 301 2025-03-08 Ed Gamboa Lab 1
CT 304 2025-06-28 Ed Gamboa Lab 1
CT 308 2025-05-02 Ed Gamboa Lab 1
CT 309 2025-05-02 Ed Gamboa Lab 1
CT 366 2025-06-28 Ed Gamboa Lab 1
CT 368 2025-05-02 Ed Gamboa Lab 1
CT 371 2025-06-28 Ed Gamboa Lab 1
CT 382 2025-05-02 Ed Gamboa Lab 1
CT 389 2025-05-02 Ed Gamboa Lab 1
Additional Notes: Reference IASR No. 24-0449.

Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Edward O Gamboa IA No. 063
255
256
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Nicholas Shelly
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 03/06/2024
Technician ID: 04478
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 125 AGG 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2 CT 125 HMA 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 CT 306 2027-03-01 Firooz Ahmad Hosainy (No lab)
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 3140 Gold Camp Drive, Suite 160, Rancho Cordova No Lab: Laboratory associated with the technician is not accredited to perform the test method identified. Technicians must be associated with an accredited laboratory.

IA# 156
257
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Nicholas Shelly
who is certified to perform the following tests:

Certified Independent Assurance (IA)
Date issued: 02/06/2024
Technician ID: 04478
Note: This certificate is valid as long as the Technician complies with applicable requirements in Caltrans Independent Assurance Program Manual.

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 105 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 125 AGG 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2 CT 125 HMA 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
CT 201 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 202 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 205 2027-01-05 Firooz Ahmad Hosainy Lab 1
CT 206 2026-02-06 Ed Gamboa Lab 1, Lab 2
CT 207 2026-02-06 Ed Gamboa Lab 1, Lab 2
CT 211 2026-02-06 Ed Gamboa Lab 1
CT 212 2025-05-02 Ed Gamboa Lab 1
CT 213 2025-05-02 Ed Gamboa Lab 1
CT 214 2025-05-02 Ed Gamboa Lab 1
CT 216 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 217 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 226 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 227 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 229 2027-01-05 Firooz Ahmad Hosainy Lab 1, Lab 2
CT 234 2026-02-06 Ed Gamboa Lab 1
CT 235 2026-02-06 Ed Gamboa Lab 1
CT 306 2024-04-23 Sarbjit Grewal (No lab)
CT 309 2026-02-06 Ed Gamboa Lab 1
CT 521.2 2025-05-02 Emily Merritt Lab 1, Lab 2
CT 521.1 2025-05-02 Emily Merritt Lab 1, Lab 2
Edward O. Gamboa IA No. 063
258
SIAD TL-0111: CT CERTIFICATION

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Nicholas Shelly
who is certified to perform the following tests:

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 2 ends

Test Method Expiration Date IA Responsible Associated Laboratory CT 523.2 Section B.3 2026-02-06 Ed Gamboa Lab 2
Additional Notes: 23-1047
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 3140 Gold Camp Drive, Suite 160, Rancho Cordova No Lab: Laboratory associated with the technician is not accredited to perform the test method identified. Technicians must be associated with an accredited laboratory.
259
SIAD TL-0115: AASHTO PROFICIENCY

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Nicholas Shelly
who is certified to perform the following tests:

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory AASHTO T11 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO T27 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO T30 2025-05-02 Ed Gamboa Lab 1
AASHTO R47 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO R76 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO T84 2026-02-06 Ed Gamboa Lab 1, Lab 2
AASHTO T85 2026-02-06 Ed Gamboa Lab 1, Lab 2
AASHTO T96 2026-02-06 Ed Gamboa Lab 1
AASHTO T176 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO T210 2025-05-02 Ed Gamboa Lab 1, Lab 2
AASHTO T255 2024-04-23 Sarbjit Grewal Lab 1, Lab 2
AASHTO T304 2026-02-06 Ed Gamboa Lab 1
AASHTO T329 2024-04-23 Sarbjit Grewal Lab 1
AASHTO T335 2024-04-23 Sarbjit Grewal Lab 1
ASTM D4791 2026-02-06 Ed Gamboa Lab 1
Additional Notes: 23-1047
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 3140 Gold Camp Drive, Suite 160, Rancho Cordova Edward O. Gamboa IA No. 063
260
SIAD TL-0115: AASHTO PROFICIENCY

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Presents this CERTIFICATE to
Nicholas Shelly
who is certified to perform the following tests:

Please verify technician certifications by visiting the SIAD website at https://sia.dot.ca.gov/

Page 1 ends

Test Method Expiration Date IA Responsible Associated Laboratory AASHTO T11 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO T27 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO R47 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO R76 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO T176 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO T255 2027-03-01 Firooz Ahmad Hosainy Lab 1, Lab 2 AASHTO T329 2027-03-01 Firooz Ahmad Hosainy Lab 1
AASHTO T335 2027-03-01 Firooz Ahmad Hosainy Lab 1
Lab 1: BSK Associates, 399 Lindbergh Avenue, Livermore
Lab 2: BSK Associates - Rancho Cordova, 3140 Gold Camp Drive, Suite 160, Rancho Cordova IA# 156
261
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0029 Agenda Date: 6/2/2025 Agenda #: 3.

Agenda Item Wording:

Chemical Supply Services Contract - Authorize the City Manager to sign a chemical supply services contract to Target Specialty Products of Fresno for an annual not to exceed amount of $235,000.

Deadline for Action: 6/2/2025
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Parks and Recreation Director 713-4042; [email protected] Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for chemical supply services to Target Specialty Products, of Fresno, CA, for the chemicals they were low or equal bidder for an annual not to exceed amount of $235,000.

Background Discussion:

Target Specialty Products is the current chemical supply vendor and have been on a month-to-month contract since the previous expired on 12/30/2022. With the expiration of the contract RFB 23-24-39 was solicited for a new chemical supply services contract. These chemicals are used for weed and pest management in City parks, trails, storm ditches, creeks, storm basins, street roadsides, Water Conservation Plant grounds, and urban forestry areas throughout the City of Visalia. The cost of this contract is budgeted annually in the appropriate divisions that use this contract.

On December 20, 2024, and December 26, 2024, the City solicited bids by advertising in the Visalia Times Delta with the Request For Bid (BFB) posted on Bid-Net. The City also mailed RFB notices, inviting vendors to participate in this bid process.

On February 6, 2025, the City received bids from three (3) vendors Heritage Landscape Supply, Helena Agri Enterprises, and Target Specialty Products. Staff reviewed bids for calculation errors, conformance with specifications, and determined that any stated substitutions are appropriate. After staff's analysis of the bids, Heritage Landscape Supply did not submit pricing for 17 items, while Helena Agri Enterprises failed to submit pricing for 6 items, and Target Specialties did not submit on 1 item. Staff also found discrepancies in the container sizes between vendors. With the discovery of the omitted chemicals and container variants staff reviewed the cost using the correct container size on the items that were proposed by the vendors. Because Heritage Landscape Supply omitted 17 of the 28 chemicals staff rejected their proposal based on insufficient items to compare with the other two vendors.

Visalia City Council Page 1 of 2 Printed on 5/23/2025
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File #: 25-0029 Agenda Date: 6/2/2025 Agenda #: 3.

Staff then reviewed each item that was submitted by Helena Agri Enterprises and Target Specialty Products. With this evaluation staff reviewed the cost for each item and the low bidder for those items. Target Specialty Products was the low or equal bidder on 14 of the 28 chemicals listed on the Request for Bids cost sheet. While Helena Agri Enterprises was the low or equal bidder on 15 of the 28 chemicals listed. Based on the review of the submitted costs and the equal number of items for each vendor, staff felt that it would be beneficial to split the award of RFB 23-24-39 between Target Specialty Product and Helena Agri Enterprise. The Purchasing Division then reached out to both vendors to discuss the proposed award split. Both vendors agreed to the proposed awarding of RFB 23-24-39. Staff believes by splitting the award to both vendors it will guarantee the City of Visalia the best cost for each of the chemicals listed on the bid sheet.

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

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

Staff feel confident that Target Specialty Products can supply the portion of chemicals listed in RFB 23-24-39 that Target Specialty Products were low or equal bidder to maintain the City of Visalia.

Fiscal Impact:

The services for this contract are budgeted in various Park and Urban Forestry Maintenance Divisions and Public Works Maintenance Divisions within their operational budgets. The contract is for a not to exceed amount of $235,000 annually.

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

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for Chemical Supply Services, to Target Specialty Products, per specifications of RFB 23-24-39, for an annual not to exceed amount of $235,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 23-24-39, RFB 23-24-39 Addendum 1, Target Specialty Products signed bid form, Target Specialty Products list of awarded items, Sample Contract.

Visalia City Council Page 2 of 2 Printed on 5/23/2025
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RFB NO. 23-24-39
Chemical Supply Services
Page i

CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 23-24-39

ANNUAL CONTRACT FOR

CHEMICAL SUPPLY SERVICES
BID SUBMITTAL DEADLINE: 2:30 PM ON THURSDAY, JANUARY 23, 2025 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: 12/20/2024
12/26/2024
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TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1

II. INTRODUCTION .............................................................................................. 1 III. INSTRUCTIONS ............................................................................................... 1 IV. SCOPE OF SERVICES/PROJECT ..................................................................... 2 V. BID OPENING AND CONFIDENTIALITY ............................................................ 3 VI. AWARD ........................................................................................................... 3 VII. PROTESTS/APPEALS ...................................................................................... 3 VIII. SPECIAL CONDITIONS .................................................................................... 4 IX. GENERAL CONDITIONS................................................................................... 5 X. POST AWARD RESPONSIBILITIES ................................................................... 5

EXHIBITS
A. BID FORM...................................................................................................... 11-14 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit ..........................................................................15 B-2. Worker’s Compensation Insurance Certificate .......................................16 B-3. Equal Employment Opportunity Compliance Certificate........................17 B-4. Ownership Disclosure and California Levine Act Statement...................18 B-5. Drug-Free Workplace Certificate ............................................................19 B-6. American with Disabilities Compliance Certificate ................................20 B-7. Iran Contracting Act Certification .........................................................21

C. GENERAL CONTRACT PROVISIONS ..................................................................22 265
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I. DEFINITIONS
For the purposes of this RFB NO. 23-24-39, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 23-24-39.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for services to provide weed and pest abatement chemicals, poisons, pesticide handlers training, Certified Pest Control Advisory recommendations, and headquarters inspection for Water Conservation Plant and Parks Divisions on an as needed basis.

The initial contract shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

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

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Address
Marked: Supply & Delivery of Chemicals
RFB NO. 23-24-39
CLOSING DATE: Thursday, January 23, 2025 at 2:30pm

4. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be obtained by visiting our website at visaliapurchasing.org or by calling (559) 713-4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions must be received no later than Monday, January 13, 2025 266
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IV. SCOPE OF SERVICES/PROJECT
The City of Visalia is requesting bids for services to provide the following weed and pest abatement chemicals, poisons, pesticide handlers training, Certified Pest Control Advisor recommendations, and headquarters inspection for Water Conservation Plant and Parks Divisions on an as needed basis. The exact quantity of or need for each item is unknown and the City does not guarantee to purchase any amount. Products shall be ordered from vendors on an as needed basis at the prices stated in Bid.

CHEMICALS:

PARKS: Chemical Name Type of Chemical
Size of
Container Estimate
Aqua-Tron Granular Micro-Organism 10 lb. container 20 lbs/yr.

Aquashade Pond water dye 1 gallon jug 20 gal/yr.

Blazon Dye 2.5 gallon jug 30 gal/yr.

Burrow Rx Smoke Oil Rodenticide 1 pint bottle 36 pints/yr.

Cheetah Pro Herbicide 2.5 gallon jug 1500 gal/yr.

Clearcast Herbicide 2.5 gallon jug 200 gal/yr.

Dimension 2EW Herbicide 2.5 gallon jug 50 gal/yr.

Dismiss CA Turf Herbicide Herbicide 6 oz. bottle 100 oz/yr.

Finale VU Herbicide 2.5 gal jug 120 gal/yr.

Fruit Eliminator Fruit control 128 oz. jug 5 gal/yr.

Fusilade 2000 Herbicide 1 gallon jug 5 gal/yr.

Gallery SC Pre-emergent 2.5 gallon jug 100 gal/yr.

Manage Herbicide 1.3 oz bottle 2.6 oz./yr.

Merit 75 WP Insecticide 2 oz bottle 6 oz. yr.

Monsanto Round-up CUSTOM Herbicide 30 gal drum 1500 gal/yr.

Monsanto Round-up PROMAX Herbicide 1.67 gallon jug 1500 gal/yr.

Monterey Florel Fruit Eliminator Plant Regulator 1 gallon jug 5 gal/yr.

No Foam B Surfactant 1 gallon jug 8 gal/yr.

Rose and Flower Systemic Insecticide/Fertilizer 50 lb. bag 50 lbs/yr.

Speed Zone Southern EW Herbicide 128 oz jug 60 gal/yr.

Syngenta Reward Herbicide 2.5 gallon jug 400 gal/yr.

Target Pro Spreader Adjuvant 1 gallon jug 20 gal/yr.

The Giant Destroyer Rodenticide Box packet 50 lbs/yr.

Tribute Total Herbicide 6 oz bottle 50 oz/yr.

Vista XRT Herbicide 2.5 gallon jug 500 oz/yr.

Wilco Gopher Getter type II Rodenticide 1 lb can 35 lbs/yr.

Wilco Ground Squirrel Bait Rodenticide 20 lb bag 100 lbs/yr.

Oryzalin 4 pro Pre-emergent 2.5 gallon jug 20 gal/yr.
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1. TRADE NAME/SUBSITUTIONS: In cases where an item is identified by a manufacturer’s name, trade name, catalog number, or reference it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an “equal/substitution.”

2. DELIVERY PROVISIONS
a. Delivery: Delivery shall be within three (3) days of order. The Awarded Contractor (Supplier) shall be required to furnish proof of delivery in every instance. Bulk materials are to be placed on skids or pallets. City staff shall not assist with unloading. Suppliers shall notify their shippers accordingly. b. Locations: Parks Division Waste Water Treatment Plant Project Manager-Alvin Dias Project Manager-Rick Paredez 336 N Ben Maddox Way. 7579 Ave. 288
Visalia, CA Visalia, CA
c. Time of Delivery: Deliveries shall be accepted between 8:00 A.M. and 3:00 P.M. on weekdays only. No deliveries shall be accepted on Saturdays, Sundays or City Holidays, unless otherwise arranged by an individual Department/Agency. d. Delivery Failures: Failure to deliver within the time specified, or failure to make replacements of rejected articles when so requested, immediately or as directed by the Purchasing Agent shall constitute authority for the Purchasing Agent to purchase in the open market articles of comparable grade to replace the articles rejected or not delivered. On all such purchases, the Bidder shall reimburse the City, within a reasonable time specified by the Purchasing Agent, for any expense incurred in excess of contract prices or the City may deduct such amount from monies owed the Contractor. Such purchases shall be deducted from contract quantities.

3. INSPECTIONS: Inspection and acceptance of materials or supplies shall be made after delivery. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the City for such materials or supplies as are not in accordance with the specifications. All delivered materials shall be accepted subject to inspection and physical count.

5. SAFETY DATA SHEETS (SDS): Any hazardous substances as defined under the Department of Labor Occupational Safety and Health Standard for General Industry (29-CFR-1910.1200) and State of California Law and Regulations, being delivered to City of Visalia as a result of this Invitation to Bid shall be accompanied by a current "Safety Data Sheet" or item may not be accepted.

6. PACKING SLIPS OR DELIVERY TICKETS: All shipments or deliveries shall be accompanied by Packing Slips or Delivery Tickets, and shall contain the following information for each item delivered. Bidders are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. • The Purchase Order or Contract Number
• The Name of the Article and Stock Number (Supplier’s) • Delivery Date
• The Quantity Ordered
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• The Quantity Back Ordered
• The Name of the Contractor

7. RESPONSIBILITY FOR MATERIALS SHIPPED: The Awarded Vendor shall be responsible for the materials covered by this contract until they are delivered at the designated point and bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by Awarded Vendor, and at the expense of the Awarded Vendor, promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. Upon failure of the Bidder to remove materials or supplies within ten (10) calendar days after date of notification, the City may return the rejected materials or supplies to the Bidder at the Bidder’s risk and expense, or dispose of them as its own property.

8. PRICING: Prices bid shall include all transportation and freight costs to the point of delivery to the applicable facilities. The unit bid prices shall also include all appurtenant and incidental costs associated with the chemical and services required by this RFB, including all costs associated with the pickup, return, cleaning and/or proper disposal of chemical containers, fuel, special insurance, etc.

9. CONTRACTOR REFERENCES: Bidders shall include in their response, a list of at least three (3) organizations which can be used as references for performance of similar services. Contractor shall endeavor to include references of work performed for public sector agencies. Include the name and telephone number for the contact person. Selected organizations will be contacted to determine the quality of work performed and the personnel assigned to the job.

10. ALLOCATIONS: In the event the vendor’s supply of awarded items is reduced for reasons beyond the vendor’s control to a level which prevents supply of the City’s requirements in full, the vendor agrees to supply the City no less than a proportionate share delivered to similar accounts, unless Federal regulations require otherwise. If such a reduction occurs, the City reserves the right to cancel all or part of the contract without prejudice to either party, by giving the vendor thirty (30) days written notice.

THE AWARDED VENDOR MUST PROVIDE THE FOLLOWING SERVICES FOR THE CITY OF VISALIA:

1. PESTICIDE HANDLERS TRAINING: In alignment with the California Department of Pesticide Regulation (California Code of Regulations number 6724), conduct a comprehensive 3-hour training class, at City of Visalia location, covering the following subjects:
a. Pesticide Worker Safety
b. Hazardous Materials/Worker Right to Know Training

2. CERTIFIED PEST CONTROL ADVISOR: Provide a licensed California Pest Control Advisor, certified in all categories, to offer diagnoses and state-required written recommendations.

3. HEADQUATERS INSPECTION: Conduct pest control headquarters inspections, specifically focusing on pesticide storage and record-keeping at designated City of Visalia locations.

V. BID OPENING AND CONFIDENTIALITY
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1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on January 23, 2025 at 2:30 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase or until the award of the contract.

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

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

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

VI. AWARD

1. Most Responsive, Responsible Bidder. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB.

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

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

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
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3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

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

VIII. SPECIAL CONDITIONS

1. Product Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, products, equipment and/or services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect chemicals for conformance to all requirements of this specification.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. The Project Manager shall decide issues of quality and acceptability of materials, products, equipment, supplies and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Awarded Vendor, their agents or employees.

b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Awarded Vendor shall be new and/or of a quality equal to that specified.

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

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

IX. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of 271
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race, religion, 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 that receives or benefits from Federal financial assistance.

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

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

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

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

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

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

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

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

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

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

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

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

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

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
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16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

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

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

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

20. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

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

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Bidder may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. The City is not exempt from California State Sales Tax. The City is exempt from Federal Excise taxes. Bidder is to include 8.5% sales tax on bid where indicated.

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

A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
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27. The annual contract resulting from this invitation to bid will be administered by the Community Services Department. However, the cities Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

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

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time period will not be considered.

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

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

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

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

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

31. 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 274
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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.

X. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

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

EXHIBIT “A”

BID FORM
RFB NO. 23-24-39

ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-39 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, services, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed, Purchasing Division may proceed to award the contract to others.

BIDDER understands that a bid is required for the product and that compensation under the contract will be based upon the product condition received as stated in the bid specifications. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

Bidder understands that the quantities given on the Bid Proposal form are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of product purchased will correspond therewith.

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

LOW BID will be based on lowest Total Annual Cost.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature below.

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
1 Aqua-Tron Granular 10 lb. $ X 2 = $
2 Aquashade 1 gal. jug $ X 20 = $
3 Blazon

2.5 gal.
jug $ X 12 = $
4 Burrow Rx Smoke Oil
1 pint
bottle $ X 36 = $
5 Cheetah Pro

2.5 gal.
jug $ X 600 = $
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Bidder’s Name: .

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
6 Clearcast

2.5 gal.
jug $ X 80 = $
7 Dimension 2EW

2.5 gal.
jug $ X 20 = $
8 Dismiss CA Turf Herbicide
6 oz.
bottle $ X 16 = $
9 Finale VU

2.5 gal.
jug $ X 48 = $
10 Fruit Eliminator
128 oz.
jug $ X 5 = $
11 Fusilade 2000 1 gal. jug $ X 5 = $
12 Gallery SC

2.5 gal.
jug $ X 40 = $
13 Manage

1.3 oz
bottle $ X 2 = $
14 Merit 75 WP 2 oz bottle $ X 3 = $
15 Monsanto Round-up
CUSTOM
30 gal
drum $ X 50 = $
16 Monsanto Round-up
PROMAX

2.5 gal.
jug $ X 600 = $
17 Monterey Florel Fruit
Eliminator 1 gal. jug $ X 5 = $
18 No Foam B 1 gal. jug $ X 8 = $
19 Rose and Flower Systemic 50 lb. $ X 1 = $
20 Speed Zone Southern EW 128 oz jug $ X 60 = $
21 Syngenta Reward

2.5 gal.
jug $ X 160 = $
22 Target Pro Spreader 1 gal. jug $ X 20 = $
23 The Giant Destroyer
Box
packet $ X 1 = $
24 Tribute Total 6 oz bottle $ X 8 = $
25 Vista XRT

2.5 gal.
jug $ X 200 = $
26 Wilco Gopher Getter type II 1 lb can $ X 35 = $
27 Wilco Ground Squirrel Bait 20 lb bag $ X 5 = $
28 Oryzalin 4 pro 2.5 gal jug $ X 8 = $
29 Tax (8.5% sales tax in Visalia, CA $
TOTAL ANNUAL COST (Items 1-29) $
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(1) _______________________________________________________________________________________________ Bidding Firm
(2) _______________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) _______________________________________________________________________________________________ Business Address City State Zip Code
_______________________________________________________________________________________________ Telephone Number Fax Number
_______________________________________________________________________________________________ E-mail Address
(4) _______________________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. (2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION
License Classification:_____________________________________ Expiration Date: _________________________________________ 278
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City of Visalia Business Tax Certificate No.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work. Contact the Business Tax Division with any questions at (559) 713-4326.

Federal Tax I.D. No.: ____________________________________________________

REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

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EXHIBIT “B-1”

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To Accompany Bid Form
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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EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
To Accompany Bid Form

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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EXHIBIT “B-3”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
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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EXHIBIT “B-4”
Ownership Disclosure and California Levine Act Statement To Accompany Bid Form
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 283
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EXHIBIT “B-5”
To Accompany Bid Form

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, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-6”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
To Accompany Bid Form
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.

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EXHIBIT “B-7”

IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
To Accompany Bid Form
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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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR SUPPLY & DELIVERY OF CHEMICALS
(City of Visalia Bid No. 23-24-39)
This Agreement, entered into and effective this ________ day of ________________, 20___ [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is sign supplier 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 Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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

Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-39, Annual Contract for Street Signs Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-39

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-39.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 287
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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

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

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

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

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

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $_____________ annually.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 288
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Exhibit “C”
Attachment 1

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

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

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

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

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

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

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

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

Page 25 ends

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.

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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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

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

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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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. 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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Addendum #1 Page 1 of 5

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

CITY OF VISALIA, CA
REQUEST FOR BIDS (RFB) No. 23-24-39

ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
ADDENDUM NO. 1
Issued: Wednesday, January 22, 2025
Submittals Due: EXTENDED TO THURSDAY, FEBRUARY 6, 2025 AT 2:00 PM Addendum is being issued to extend the deadline to submit a bid and to provide a revised bid form. This addendum becomes part of the RFB 23-24-39 document and must be signed and submitted with bid.

ITEM 1: EXTENSION OF BID DEADLINE
Due to a change in chemical and revised bid form, the deadline to submit a bid has been extended. Bids are due no later than:

THURSDAY, FEBRUARY 6, 2025 AT 2:00 PM.

ITEM 2: REVISED BID FORM
Due to Finale VU being discontinued, this chemical is being replaced on the bid form (line item #9) with Finale XL T&O.

Please submit your bid on the Revised Bid Form provided in this addendum. Please note that if you haven’t submitted already, also include the required documents found on pages 15 through 21 of the RFB document.

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

By:

Respondent’s Signature
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REVISED BID FORM
Bidder’s Name:

EXHIBIT “A”

BID FORM
RFB NO. 23-24-39

ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

LOW BID will be based on lowest Total Annual Cost.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature below.

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
1 Aqua-Tron Granular 10 lb. $ X 2 = $
2 Aquashade 1 gal. jug $ X 20 = $
3 Blazon

2.5 gal.
jug $ X 12 = $
4 Burrow Rx Smoke Oil
1 pint
bottle $ X 36 = $
5 Cheetah Pro

2.5 gal.
jug $ X 600 = $

294
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 3 of 5

Bidder’s Name: .

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
6 Clearcast

2.5 gal.
jug $ X 80 = $
7 Dimension 2EW

2.5 gal.
jug $ X 20 = $
8 Dismiss CA Turf Herbicide
6 oz.
bottle $ X 16 = $
9 Finale VU Finale XL T&O

2.5 gal.
jug $ X 48 = $
10 Fruit Eliminator
128 oz.
jug $ X 5 = $
11 Fusilade 2000 1 gal. jug $ X 5 = $
12 Gallery SC

2.5 gal.
jug $ X 40 = $
13 Manage

1.3 oz
bottle $ X 2 = $
14 Merit 75 WP 2 oz bottle $ X 3 = $
15 Monsanto Round-up
CUSTOM
30 gal
drum $ X 50 = $
16 Monsanto Round-up
PROMAX

2.5 gal.
jug $ X 160 = $
22 Target Pro Spreader 1 gal. jug $ X 20 = $
23 The Giant Destroyer
Box
packet $ X 1 = $
24 Tribute Total 6 oz bottle $ X 8 = $
25 Vista XRT

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION
License Classification:_____________________________________ Expiration Date: _________________________________________ 296
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 5 of 5

Federal Tax I.D. No.: ____________________________________________________

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

Company Name Address Tel. No. Type____________
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
Award to Target Specialty Products
Item #
Corresponding
to Bid
Form
Chemical
Name
Size of
Container
Estimated
Annual
Qty
Target's
Unit
Price as
on Bid
Form
Target's
Total
Cost
1 Aqua-Tron
Granular 10 lb. 2 198.49 396.98
3 Blazon 2.5 gal. jug 12 51.92 623.04
4 Burrow Rx
Smoke Oil
1 pint
bottle 36 16.29 586.44
5 Cheetah Pro 2.5 gal. jug 600 95.37 57222.00
6 Clearcast 1 gal. jug 80 306.95 24556.00
7 Dimension
2EW 2.5 gal. jug 20 612.98 12259.60
10 Fruit
Eliminator 128 oz. jug 5 55.36 276.80
11 Fusilade
2000 32oz 5 85.36 426.80
12 Gallery SC 2 gal. jug 40 1479.50 59180.00
19 Rose and
Flower
Systemic
50 lb. 1 115.00 115.00
20 Speed Zone
Southern
EW
128 oz jug 60 79.97 4798.20
21 Syngenta
Reward 2.5 gal. jug 160 246.06 39369.60
23 The Giant
Destroyer Box packet 1 4.30 4.30
24 Tribute Total 6 oz bottle 8 424.04 3392.32
312
RFB NO. 23-24-39
Chemical Supply
Services
EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-39.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 313
RFB NO. 23-24-39
Chemical Supply
Services

5. COMPENSATION:

6. CONTRACT PRICE ADJUSTMENTS:

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

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $_____________ annually.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 314
RFB NO. 23-24-39
Chemical Supply
Services
Exhibit “C”
Attachment 1

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

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

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.
315
RFB NO. 23-24-39
Chemical Supply
Services
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.

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
317
RFB NO. 23-24-39
Chemical Supply
Services
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. 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.

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
318
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0183 Agenda Date: 6/2/2025 Agenda #: 4.

Agenda Item Wording:

Chemical Supply Services Contract - Authorize the City Manager to sign a chemical supply services contract to Helena Agri Enterprise of Sacramento for an annual not to exceed amount of $215,000.

It is recommended that the City Council authorize the award of an annual contract for chemical supply services to Helena Agri Enterprise LLC, of Sacramento for the chemicals they were low or equal bidder for an annual not to exceed amount of $215,000.

Background Discussion:

On December 20, 2024, and December 26, 2024, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed Request For Bid notices, inviting vendors to participate in this bid process.

Visalia City Council Page 1 of 2 Printed on 5/30/2025
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File #: 25-0183 Agenda Date: 6/2/2025 Agenda #: 4.

Staff then reviewed each item that was submitted by Helena Agri Enterprises and Target Specialty Products. With this evaluation staff reviewed the cost for each item and the low bidder for those items. Helena Agri Enterprise LLC was the low or equal bidder on 15 of the 28 chemicals listed on the Request for Bids cost sheet. Based on the review of the submitted costs and the equal number of items for each vendor, staff felt that it would be beneficial to split the award of RFB 23-24-39 between Target Specialty Product and Helena Agri Enterprise. The Purchasing Division then reached out to both vendors to discuss the proposed award split. Both vendors agreed to the proposed awarding of RFB 23-24-39. Staff believes by splitting the award to both vendors, it will guarantee the City of Visalia the best cost for each of the chemicals listed on the bid sheet.

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

Staff feel confident that Helena Agri Enterprise LLC can supply the portion of chemicals listed in RFB 23-24-39 that Helena Agri Enterprise LLC were low or equal bidder to maintain the City of Visalia.

Fiscal Impact:

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

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for Chemical Supply Services, to Helena Agri Enterprise LLC, per specifications of RFB 23-24-39, for an annual not to exceed amount of $215,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 23-24-39, RFB 23-24-39 Addendum 1, Helena Agri Enterprise LLC signed bid form, Helena Agri Enterprise LLC list of awarded items, Sample Contract.

Visalia City Council Page 2 of 2 Printed on 5/30/2025
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RFB NO. 23-24-39
Chemical Supply Services
Page i

CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 23-24-39

ANNUAL CONTRACT FOR

Advertisement Dates: 12/20/2024
12/26/2024
321
RFB NO. 23-24-39
Chemical Supply Services
Page ii

TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1

EXHIBITS
A. BID FORM...................................................................................................... 11-14 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

C. GENERAL CONTRACT PROVISIONS ..................................................................22 322
RFB NO. 23-24-39
Chemical Supply Services

Page 1 of 29 ends

I. DEFINITIONS
For the purposes of this RFB NO. 23-24-39, 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

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

5. “RFB” means Request for Bid No. 23-24-39.

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

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

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

Questions must be received no later than Monday, January 13, 2025 323
RFB NO. 23-24-39
Chemical Supply Services

Page 2 ends

CHEMICALS:

PARKS: Chemical Name Type of Chemical
Size of
Container Estimate
Aqua-Tron Granular Micro-Organism 10 lb. container 20 lbs/yr.

Aquashade Pond water dye 1 gallon jug 20 gal/yr.

Blazon Dye 2.5 gallon jug 30 gal/yr.

Burrow Rx Smoke Oil Rodenticide 1 pint bottle 36 pints/yr.

Cheetah Pro Herbicide 2.5 gallon jug 1500 gal/yr.

Clearcast Herbicide 2.5 gallon jug 200 gal/yr.

Dimension 2EW Herbicide 2.5 gallon jug 50 gal/yr.

Dismiss CA Turf Herbicide Herbicide 6 oz. bottle 100 oz/yr.

Finale VU Herbicide 2.5 gal jug 120 gal/yr.

Fruit Eliminator Fruit control 128 oz. jug 5 gal/yr.

Fusilade 2000 Herbicide 1 gallon jug 5 gal/yr.

Gallery SC Pre-emergent 2.5 gallon jug 100 gal/yr.

Manage Herbicide 1.3 oz bottle 2.6 oz./yr.

Merit 75 WP Insecticide 2 oz bottle 6 oz. yr.

Monsanto Round-up CUSTOM Herbicide 30 gal drum 1500 gal/yr.

Monsanto Round-up PROMAX Herbicide 1.67 gallon jug 1500 gal/yr.

Monterey Florel Fruit Eliminator Plant Regulator 1 gallon jug 5 gal/yr.

No Foam B Surfactant 1 gallon jug 8 gal/yr.

Rose and Flower Systemic Insecticide/Fertilizer 50 lb. bag 50 lbs/yr.

Speed Zone Southern EW Herbicide 128 oz jug 60 gal/yr.

Syngenta Reward Herbicide 2.5 gallon jug 400 gal/yr.

Target Pro Spreader Adjuvant 1 gallon jug 20 gal/yr.

The Giant Destroyer Rodenticide Box packet 50 lbs/yr.

Tribute Total Herbicide 6 oz bottle 50 oz/yr.

Vista XRT Herbicide 2.5 gallon jug 500 oz/yr.

Wilco Gopher Getter type II Rodenticide 1 lb can 35 lbs/yr.

Wilco Ground Squirrel Bait Rodenticide 20 lb bag 100 lbs/yr.

Oryzalin 4 pro Pre-emergent 2.5 gallon jug 20 gal/yr.
324
RFB NO. 23-24-39
Chemical Supply Services

Page 3 ends

Page 4 ends

• The Quantity Back Ordered
• The Name of the Contractor

THE AWARDED VENDOR MUST PROVIDE THE FOLLOWING SERVICES FOR THE CITY OF VISALIA:

2. CERTIFIED PEST CONTROL ADVISOR: Provide a licensed California Pest Control Advisor, certified in all categories, to offer diagnoses and state-required written recommendations.

3. HEADQUATERS INSPECTION: Conduct pest control headquarters inspections, specifically focusing on pesticide storage and record-keeping at designated City of Visalia locations.

V. BID OPENING AND CONFIDENTIALITY
326
RFB NO. 23-24-39
Chemical Supply Services

Page 5 ends

After the award, the City intends that its selection process will be open and public.

VI. AWARD

Page 6 ends

VIII. SPECIAL CONDITIONS

1. Product Issues

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

IX. GENERAL CONDITIONS

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

Page 7 ends

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

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

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

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

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

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

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

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

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

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

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
329
RFB NO. 23-24-39
Chemical Supply Services

Page 8 ends

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

20. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

24. The City is not exempt from California State Sales Tax. The City is exempt from Federal Excise taxes. Bidder is to include 8.5% sales tax on bid where indicated.

A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
330
RFB NO. 23-24-39
Chemical Supply Services

Page 9 ends

Requests filed after this time period will not be considered.

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

Page 10 ends

X. POST AWARD RESPONSIBILITIES

Page 11 ends

Bidder’s Name:

EXHIBIT “A”

BID FORM
RFB NO. 23-24-39

ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

LOW BID will be based on lowest Total Annual Cost.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature below.

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
1 Aqua-Tron Granular 10 lb. $ X 2 = $
2 Aquashade 1 gal. jug $ X 20 = $
3 Blazon

2.5 gal.
jug $ X 12 = $
4 Burrow Rx Smoke Oil
1 pint
bottle $ X 36 = $
5 Cheetah Pro

2.5 gal.
jug $ X 600 = $
333
RFB NO. 23-24-39
Chemical Supply Services

Page 12 ends

Bidder’s Name: .

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
6 Clearcast

2.5 gal.
jug $ X 80 = $
7 Dimension 2EW

2.5 gal.
jug $ X 20 = $
8 Dismiss CA Turf Herbicide
6 oz.
bottle $ X 16 = $
9 Finale VU

2.5 gal.
jug $ X 48 = $
10 Fruit Eliminator
128 oz.
jug $ X 5 = $
11 Fusilade 2000 1 gal. jug $ X 5 = $
12 Gallery SC

2.5 gal.
jug $ X 40 = $
13 Manage

1.3 oz
bottle $ X 2 = $
14 Merit 75 WP 2 oz bottle $ X 3 = $
15 Monsanto Round-up
CUSTOM
30 gal
drum $ X 50 = $
16 Monsanto Round-up
PROMAX

2.5 gal.
jug $ X 160 = $
22 Target Pro Spreader 1 gal. jug $ X 20 = $
23 The Giant Destroyer
Box
packet $ X 1 = $
24 Tribute Total 6 oz bottle $ X 8 = $
25 Vista XRT

Page 13 ends

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION
License Classification:_____________________________________ Expiration Date: _________________________________________ 335
RFB NO. 23-24-39
Chemical Supply Services

Page 14 ends

Federal Tax I.D. No.: ____________________________________________________

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

Page 15 ends

EXHIBIT “B-1”

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
337
RFB NO. 23-24-39
Chemical Supply Services

Page 16 ends

EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
To Accompany Bid Form

STATE OF CALIFORNIA )
) ss

Page 17 ends

EXHIBIT “B-3”

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.

Company: ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________ Company Seal (if any):
339
RFB NO. 23-24-39
Chemical Supply Services

Page 18 ends

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.

Signature of Company Authorized Individual Print or Type Name of Authorized Individual 340
RFB NO. 23-24-39
Chemical Supply Services

Page 19 ends

EXHIBIT “B-5”
To Accompany Bid Form

STATE OF CALIFORNIA

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

Page 20 ends

EXHIBIT “B-6”

Page 21 ends

EXHIBIT “B-7”

Signature:

Printed Name:

Title:

Agency Name:

Date:

Page 22 ends

EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-39.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 344
RFB NO. 23-24-39
Chemical Supply Services

Page 23 ends

5. COMPENSATION:

6. CONTRACT PRICE ADJUSTMENTS:

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

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

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 345
RFB NO. 23-24-39
Chemical Supply Services

Page 24 ends

Exhibit “C”
Attachment 1

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

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

Page 25 ends

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.

Page 26 ends

Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
348
RFB NO. 23-24-39
Chemical Supply Services

Page 27 ends

6. Proof of Coverage.

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

349
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 1 of 5

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

CITY OF VISALIA, CA
REQUEST FOR BIDS (RFB) No. 23-24-39

ITEM 1: EXTENSION OF BID DEADLINE
Due to a change in chemical and revised bid form, the deadline to submit a bid has been extended. Bids are due no later than:

THURSDAY, FEBRUARY 6, 2025 AT 2:00 PM.

ITEM 2: REVISED BID FORM
Due to Finale VU being discontinued, this chemical is being replaced on the bid form (line item #9) with Finale XL T&O.

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

By:

Respondent’s Signature
350
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 2 of 5

REVISED BID FORM
Bidder’s Name:

EXHIBIT “A”

BID FORM
RFB NO. 23-24-39

ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

LOW BID will be based on lowest Total Annual Cost.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature below.

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
1 Aqua-Tron Granular 10 lb. $ X 2 = $
2 Aquashade 1 gal. jug $ X 20 = $
3 Blazon

2.5 gal.
jug $ X 12 = $
4 Burrow Rx Smoke Oil
1 pint
bottle $ X 36 = $
5 Cheetah Pro

2.5 gal.
jug $ X 600 = $

351
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 3 of 5

Bidder’s Name: .

Item
#
Chemical Name Size of
Container Unit Price Annual Qty
Total Annual
Cost
{Includes
freight,
delivery)
6 Clearcast

2.5 gal.
jug $ X 80 = $
7 Dimension 2EW

2.5 gal.
jug $ X 20 = $
8 Dismiss CA Turf Herbicide
6 oz.
bottle $ X 16 = $
9 Finale VU Finale XL T&O

2.5 gal.
jug $ X 48 = $
10 Fruit Eliminator
128 oz.
jug $ X 5 = $
11 Fusilade 2000 1 gal. jug $ X 5 = $
12 Gallery SC

2.5 gal.
jug $ X 40 = $
13 Manage

1.3 oz
bottle $ X 2 = $
14 Merit 75 WP 2 oz bottle $ X 3 = $
15 Monsanto Round-up
CUSTOM
30 gal
drum $ X 50 = $
16 Monsanto Round-up
PROMAX

2.5 gal.
jug $ X 160 = $
22 Target Pro Spreader 1 gal. jug $ X 20 = $
23 The Giant Destroyer
Box
packet $ X 1 = $
24 Tribute Total 6 oz bottle $ X 8 = $
25 Vista XRT

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION
License Classification:_____________________________________ Expiration Date: _________________________________________ 353
RFB 23-24-39
Annual Contract for Chemical Supply Services
Addendum #1 Page 5 of 5

Federal Tax I.D. No.: ____________________________________________________

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

Company Name Address Tel. No. Type____________
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
Award to Helena Agri Enterprises LLC
Item #
Corresponding
to Bid
Form
Chemical Name Size of
Container
Estimated
Annual
Qty
Helena
Agri Ent
Unit
Price as
on Bid
Form
Helena's
Total Cost
2 Aquashade 1 gal. jug 20 42.70 854.00
6 Clearcast 1 gal. jug 80 306.95 24556.00
8 Dismiss CA Turf
Herbicide
6 oz.
bottle 16 62.71 1003.36
9 Finale XL T&O 2.5 gal.
jug 48 104.88 5034.24
13 Manage 1.3 oz
bottle 2 44.39 88.78
14 Merit 75 WP 4x1.6 OZ 3 26.55 79.65
15 Monsanto
Round-up
CUSTOM
30 gal
drum 50 673.50 33675.00
16 Monsanto
Round-up
PROMAX

2.5 gal.
jug 600 59.00 35400.00
17 Monterey Florel
Fruit Eliminator 1 gal. jug 5 46.50 232.50
18 No Foam B 1 gal. jug 8 14.25 114.00
20 Speed Zone
Southern EW 128 oz jug 60 79.97 4798.20
22 Target Pro
Spreader
(Helena Inlet)
1 gal. jug 20 20.55 411.00
25 Vista XRT 2.5 gal.
jug 200 350.85 70170.00
26 Wilco Gopher
Getter type II 1 lb can 35 7.79 272.65
27 Wilco Ground
Squirrel Bait 20 lb bag 5 84.18 420.90
373
RFB NO. 23-24-39
Chemical Supply
Services
EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-39.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 374
RFB NO. 23-24-39
Chemical Supply
Services

5. COMPENSATION:

6. CONTRACT PRICE ADJUSTMENTS:

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

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

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 375
RFB NO. 23-24-39
Chemical Supply
Services
Exhibit “C”
Attachment 1

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

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

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.
376
RFB NO. 23-24-39
Chemical Supply
Services
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.

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
378
RFB NO. 23-24-39
Chemical Supply
Services
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. 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.

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
379
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0177 Agenda Date: 6/2/2025 Agenda #: 5.

Agenda Item Wording:

Fiscal Year 2025/26 Appropriations Limit - City Council approval of Resolution 2025-33 adopting the 2025-26 appropriations limit for the City of Visalia’s General Fund.

Prepared by: Renee Nagel, Finance & Technology Director [email protected] 713-4375, Amee Swearingen, Budget Analyst [email protected] 713-4170 Department Recommendation: That the City Council adopt Resolution 2025-33 establishing the appropriations limit for the 2025-26 fiscal year in the amount of $236,001,182 for the General Fund.

Summary:

Each year, the City of Visalia's Council must approve the city's appropriations limit, which is determined by Propositions 4 and 111. These laws limit the amount of tax revenue that can be appropriated in a fiscal year based on the 1978-79 fiscal year’s appropriations, adjusted annually for changes in population and per capita income in California. The General Fund is the only fund affected by this limitation. For fiscal year 2025-2026, the appropriations limit for Visalia is set at $236,001,182, while the total General Fund appropriation subject to this limit is $94,779,800, which is well below the established limit. Challenges to this limit must be made within 45 days of the resolution's effective date.

Background Discussion:

Annually Council is required by the State to approve the appropriation limit for the City of Visalia. The Appropriation Limitation imposed by Propositions 4 and 111 creates a restriction on the amount of tax revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year and is increased each year by a factor comprised of the change in population combined with the change in California per capita personal income.

The General Fund is the only fund subject to the appropriation limit mandated by the State of California. Any challenge to the appropriations limit must be brought within 45 days from the effective date of the resolution.

The State of California provides the population and California per capita personal income change data for local jurisdictions to calculate their appropriations limit. Based on the following data received from the Department of Finance, a population change of 0.69% and per capita income change of

6.44%, the appropriations limit for Visalia is $236,001,182. The total General Fund appropriation subject to limitation for the fiscal year 25-26 is $94,779,800 which is well under the appropriations limit as shown in Table 1, Gann Appropriations Limit.

Appropriations Limit FY 2024-25 $220,211,983
Adjustment Factors:

Population Change (0.69+100/100=1.0069) 1.0069
FY 2025-26
Gann Appropriations Limit
Table 1
Visalia City Council Page 1 of 3 Printed on 5/23/2025
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File #: 25-0177 Agenda Date: 6/2/2025 Agenda #: 5.

Appropriations Limit FY 2024-25 $220,211,983
Adjustment Factors:

Population Change (0.69+100/100=1.0069) 1.0069
Per Capita Income Change (6.44+100/100=1.0644) x 1.0644 Total Adjustment Factor 1.0717
Adjustment Amount 15,789,199
Appropriations Limit for FY 2025-26 236,001,182
Budgeted Expenditures Subject to Limit FY 2025-26 94,779,800 Amount of Unspent Authorized Appropriation $141,221,382 FY 2025-26
Gann Appropriations Limit
Table 1
Table 2, Calculation of Proceeds of Taxes, categorizes General Fund revenues. As shown in the table, the amount of taxes is equivalent to the budgeted expenditures subject to the 2025-26 limit.

Tax Non-Tax
Proceeds Proceeds Total
General Fund
Taxes $94,779,800 $0 $94,779,800
Licenses & Permits 0 213,800 213,800
Fines 0 985,300 985,300
Revenue From Use of Money & Property 0 393,900 393,900
Revenue From Other Agencies 0 2,297,600 2,297,600
Revenue for Current Services 0 2,558,900 2,558,900
Other Revenue 0 652,500 652,500
Subtotal 94,779,800 7,102,000 101,881,800
Interest 0 530,600 530,600
Total General Fund $94,779,800 $7,632,600 $102,412,400
FY 2025-26
Table 2
Calculation of Proceeds of Taxes
Fiscal Impact: None.

Prior Council Action: N/A
Visalia City Council Page 2 of 3 Printed on 5/23/2025
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File #: 25-0177 Agenda Date: 6/2/2025 Agenda #: 5.

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

I recommend that the City Council adopt Resolution No. 2025-33 establishing the appropriations limit for the 2025-26 fiscal year in the amount of $236,001,182 for the General Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 6/30/2025
Attachments:

Attachment 1 - Resolution No. 2025-33
Attachment 2 - CA Department of Finance Letter on Price and Population Visalia City Council Page 3 of 3 Printed on 5/23/2025
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Attachment 1
RESOLUTION NO. 2025-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA ESTABLISHING THE 2025-26 APPROPRIATIONS LIMIT
WHEREAS, in 1979, California voters approved Proposition 4 (Article XIII-B of the California State Constitution). Informally known as the “Gann Initiative,” Article XIII-B provides limits to the amount of tax proceeds state and local governments can spend each year.

WHEREAS, in 1980, the State Legislature added Section 9710 of the Government Code stating that the governing body of each City must establish, by resolution, an appropriations limit for the following year. The limit for any fiscal year is equal to the previous year’s limit, adjusted for population changes and the change in the U.S. Consumer Price Index (or California per capita personal income, if smaller). The necessary statistical information is provided by the California Department of Finance.

WHEREAS, Proposition 111 modified Article XIII-B. A City may choose which annual adjustments to use. The adjustment factors include the growth in the California Per Capita Income, or the growth in the non-residential assessed valuation due to construction within the City and the population growth within the City or county.

AND IT FURTHER provided for the 2025-26 fiscal year, any challenge to the appropriations limit must be brought within 45 days from the effective date of the resolution.

NOW, THEREFORE, BE IT RESOLVED that the appropriations limit as defined by Propositions 4 and 111 is set at $230,001,182 for 2025-26 fiscal using a percentage change growth factor of 0.69% and change in per capita income of 6.44% as established by the California Department of Finance.

PASSED AND ADOPTED: June 2, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-33 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 2, 2025.

Dated: June 2, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
383
May 2025
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025-26. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025-26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.

Article XIII B, Section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE STEPHENSHAW
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
384
May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:

Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent
Per Capita Cost of Living converted to a ratio: 6.44 + 100 = 1.0644 100
Population converted to a ratio: 0.28 + 100 = 1.0028
100
Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674

385
FISCAL YEAR 2025-26
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Alameda City Alameda -0.22 78,406 78,236 79,020
Albany City Alameda 0.28 20,520 20,578 20,578
Berkeley City Alameda 1.32 126,676 128,348 128,348
Dublin City Alameda 2.17 72,462 74,031 74,691
Emeryville City Alameda -0.28 13,509 13,471 13,471
Fremont City Alameda 0.16 232,241 232,619 232,619
Hayward City Alameda 0.24 161,977 162,359 162,359
Livermore City Alameda -0.23 86,094 85,899 85,899
Newark City Alameda 1.04 48,382 48,886 48,886
Oakland City Alameda 0.52 424,015 426,237 426,457
Piedmont City Alameda -0.28 10,836 10,806 10,806
Pleasanton City Alameda -0.38 77,526 77,232 77,232
San Leandro City Alameda -0.35 88,124 87,813 87,813
Union City Alameda -0.36 66,898 66,657 66,657
Balance of County Alameda -0.27 147,978 147,579 147,646 Incorporated Alameda 0.37 1,507,666 1,513,172 1,514,836 County Total Alameda 0.31 1,655,644 1,660,751 1,662,482 Balance of County Alpine -0.42 1,181 1,176 1,177
County Total Alpine -0.42 1,181 1,176 1,177
Amador City Amador -0.51 197 196 196
Ione City Amador -0.19 5,173 5,163 9,037
Jackson City Amador -1.69 4,905 4,822 4,822
Plymouth City Amador 1.17 1,109 1,122 1,122
Sutter Creek City Amador -1.63 2,580 2,538 2,538
Balance of County Amador -1.63 22,167 21,805 21,848
Incorporated Amador -0.88 13,964 13,841 17,715
County Total Amador -1.34 36,131 35,646 39,563
Biggs City Butte -1.25 1,998 1,973 1,973
Chico City Butte 2.59 110,971 113,847 113,847
Gridley City Butte -1.10 7,383 7,302 7,302
Oroville City Butte 2.25 19,221 19,653 19,653
Paradise Town Butte 7.83 10,283 11,088 11,088
Balance of County Butte -7.51 58,017 53,662 53,662
Incorporated Butte 2.67 149,856 153,863 153,863
County Total Butte -0.17 207,873 207,525 207,525
Angels City Calaveras -0.42 3,585 3,570 3,570
Balance of County Calaveras -0.21 41,183 41,096 41,152
Incorporated Calaveras -0.42 3,585 3,570 3,570
County Total Calaveras -0.23 44,768 44,666 44,722
Colusa City Colusa -0.18 6,548 6,536 6,536
Williams City Colusa -0.48 5,616 5,589 5,589
Balance of County Colusa -0.28 9,929 9,901 9,901
Incorporated Colusa -0.32 12,164 12,125 12,125
County Total Colusa -0.30 22,093 22,026 22,026
Antioch City Contra Costa 0.52 116,177 116,781 116,781
Brentwood City Contra Costa 0.60 65,353 65,747 65,747
Clayton City Contra Costa -0.46 10,793 10,743 10,743
Concord City Contra Costa -0.34 123,074 122,650 122,650 Danville Town Contra Costa -0.16 43,030 42,960 42,960
386
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 El Cerrito City Contra Costa -0.31 25,943 25,862 25,862 Hercules City Contra Costa -0.50 26,357 26,225 26,225
Lafayette City Contra Costa -0.08 25,073 25,054 25,054
Martinez City Contra Costa -0.15 36,871 36,817 36,817
Moraga City Contra Costa -1.98 16,973 16,637 16,637
Oakley City Contra Costa 1.32 46,218 46,826 46,826
Orinda City Contra Costa -0.23 19,395 19,351 19,351
Pinole City Contra Costa -0.45 18,344 18,261 18,261
Pittsburg City Contra Costa 0.64 75,887 76,374 76,374
Pleasant Hill City Contra Costa -0.28 33,694 33,601 33,601 Richmond City Contra Costa -0.24 113,872 113,594 113,594 San Pablo City Contra Costa 0.18 31,450 31,507 31,507
San Ramon City Contra Costa 0.18 83,245 83,391 83,391
Walnut Creek City Contra Costa -0.44 70,238 69,927 69,927 Balance of County Contra Costa -0.20 176,178 175,833 175,917 Incorporated Contra Costa 0.03 981,987 982,308 982,308
County Total Contra Costa 0.00 1,158,165 1,158,141 1,158,225 Crescent City Del Norte -0.69 4,064 4,036 6,056
Balance of County Del Norte -1.44 20,738 20,439 20,488
Incorporated Del Norte -0.69 4,064 4,036 6,056
County Total Del Norte -1.32 24,802 24,475 26,544
Placerville City El Dorado 0.14 10,617 10,632 10,642
South Lake Tahoe City El Dorado -0.05 21,033 21,022 21,022 Balance of County El Dorado 0.09 158,862 159,009 159,106 Incorporated El Dorado 0.01 31,650 31,654 31,664
County Total El Dorado 0.08 190,512 190,663 190,770
Clovis City Fresno 1.13 127,674 129,121 129,121
Coalinga City Fresno 0.00 13,419 13,419 17,608
Firebaugh City Fresno 2.40 8,510 8,714 8,714
Fowler City Fresno 3.11 7,436 7,667 7,667
Fresno City Fresno 0.77 552,416 556,690 557,032
Huron City Fresno 7.96 6,421 6,932 6,932
Kerman City Fresno 0.76 17,403 17,535 17,535
Kingsburg City Fresno 0.90 13,167 13,285 13,285
Mendota City Fresno 0.89 12,598 12,710 12,710
Orange Cove City Fresno 0.99 9,622 9,717 9,717
Parlier City Fresno 0.78 14,535 14,649 14,649
Reedley City Fresno 2.52 25,950 26,603 26,603
Sanger City Fresno 1.44 26,652 27,037 27,037
San Joaquin City Fresno 0.03 3,653 3,654 3,654
Selma City Fresno 0.40 24,487 24,585 24,585
Balance of County Fresno 0.17 158,883 159,148 160,204
Incorporated Fresno 0.97 863,943 872,318 876,849
County Total Fresno 0.84 1,022,826 1,031,466 1,037,053
Orland City Glenn 1.17 8,603 8,704 8,704
Willows City Glenn 1.62 6,372 6,475 6,475
Balance of County Glenn 1.33 14,004 14,190 14,190
Incorporated Glenn 1.36 14,975 15,179 15,179
County Total Glenn 1.35 28,979 29,369 29,369
Arcata City Humboldt 1.66 18,691 19,001 19,001
Blue Lake City Humboldt -0.70 1,144 1,136 1,136
Eureka City Humboldt 0.00 25,966 25,967 26,122
Ferndale City Humboldt -0.44 1,367 1,361 1,361
Fortuna City Humboldt -0.38 12,245 12,198 12,198
387
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Rio Dell City Humboldt -0.71 3,255 3,232 3,232
Trinidad City Humboldt -0.67 298 296 296
Balance of County Humboldt -0.73 70,625 70,107 70,471
Incorporated Humboldt 0.36 62,966 63,191 63,346
County Total Humboldt -0.22 133,591 133,298 133,817
Brawley City Imperial 0.84 28,710 28,952 28,952
Calexico City Imperial 0.78 39,762 40,073 40,073
Calipatria City Imperial 0.69 3,646 3,671 6,061
El Centro City Imperial 1.12 45,456 45,966 46,007
Holtville City Imperial 0.57 5,653 5,685 5,685
Imperial City Imperial 1.98 22,422 22,866 22,866
Westmorland City Imperial 0.39 2,076 2,084 2,084
Balance of County Imperial 0.59 31,371 31,557 34,771
Incorporated Imperial 1.06 147,725 149,297 151,728
County Total Imperial 0.98 179,096 180,854 186,499
Bishop City Inyo -0.10 3,854 3,850 3,850
Balance of County Inyo -0.31 14,938 14,892 14,950
Incorporated Inyo -0.10 3,854 3,850 3,850
County Total Inyo -0.27 18,792 18,742 18,800
Arvin City Kern 0.99 19,796 19,991 19,991
Bakersfield City Kern 1.16 414,451 419,238 419,238
California City Kern 0.97 13,189 13,317 13,317
Delano City Kern 1.15 46,036 46,566 52,831
Maricopa City Kern 0.59 1,018 1,024 1,024
McFarland City Kern 2.24 13,902 14,213 14,213
Ridgecrest City Kern 0.25 27,664 27,732 28,386
Shafter City Kern 4.72 22,356 23,412 23,455
Taft City Kern -0.03 7,089 7,087 7,087
Tehachapi City Kern 0.64 9,372 9,432 11,476
Wasco City Kern -2.55 23,447 22,850 26,235
Balance of County Kern 0.05 304,188 304,351 306,708
Incorporated Kern 1.09 598,320 604,862 617,253
County Total Kern 0.74 902,508 909,213 923,961
Avenal City Kings 1.07 9,431 9,532 13,315
Corcoran City Kings 0.88 13,547 13,666 21,612
Hanford City Kings 2.31 59,856 61,238 61,238
Lemoore City Kings 2.10 27,122 27,692 27,692
Balance of County Kings 1.45 25,135 25,500 30,158
Incorporated Kings 1.98 109,956 112,128 123,857
County Total Kings 1.88 135,091 137,628 154,015
Clearlake City Lake 1.01 16,367 16,533 16,533
Lakeport City Lake -0.85 5,069 5,026 5,026
Balance of County Lake -0.61 45,889 45,607 45,695
Incorporated Lake 0.57 21,436 21,559 21,559
County Total Lake -0.24 67,325 67,166 67,254
Susanville City Lassen 1.90 9,199 9,374 12,270
Balance of County Lassen 1.77 14,802 15,064 16,446
Incorporated Lassen 1.90 9,199 9,374 12,270
County Total Lassen 1.82 24,001 24,438 28,716
Agoura Hills City Los Angeles -0.18 19,940 19,904 19,904 Alhambra City Los Angeles 0.22 82,176 82,353 82,374
Arcadia City Los Angeles 0.13 56,044 56,116 56,116
Artesia City Los Angeles 1.33 16,060 16,273 16,359
Avalon City Los Angeles -0.12 3,387 3,383 3,383
388
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Azusa City Los Angeles -1.50 49,736 48,988 48,988
Baldwin Park City Los Angeles 0.23 70,685 70,848 70,848 Bell City Los Angeles -0.15 33,366 33,315 33,315
Bellflower City Los Angeles -0.32 76,902 76,656 76,656
Bell Gardens City Los Angeles 0.09 38,438 38,471 38,471 Beverly Hills City Los Angeles -0.12 31,984 31,945 31,945 Bradbury City Los Angeles 0.78 895 902 902
Burbank City Los Angeles 0.29 105,842 106,146 106,146
Calabasas City Los Angeles -0.26 22,856 22,797 22,797
Carson City Los Angeles 0.07 91,745 91,808 91,812
Cerritos City Los Angeles -0.28 48,005 47,871 47,871
Claremont City Los Angeles -0.02 37,305 37,299 37,299
Commerce City Los Angeles -0.32 12,185 12,146 12,146
Compton City Los Angeles -0.01 93,699 93,692 93,692
Covina City Los Angeles 0.92 50,625 51,090 51,090
Cudahy City Los Angeles -0.34 22,208 22,132 22,132
Culver City Los Angeles 0.16 40,340 40,403 40,403
Diamond Bar City Los Angeles -0.07 53,577 53,539 53,539 Downey City Los Angeles -0.02 111,891 111,871 111,871
Duarte City Los Angeles -0.22 23,798 23,746 23,746
El Monte City Los Angeles 0.82 107,056 107,938 107,986
El Segundo City Los Angeles -0.11 16,976 16,958 16,983
Gardena City Los Angeles 0.14 60,176 60,263 60,263
Glendale City Los Angeles 0.26 191,706 192,212 192,212
Glendora City Los Angeles -0.07 51,289 51,254 51,254
Hawaiian Gardens City Los Angeles 0.07 13,552 13,561 13,561 Hawthorne City Los Angeles -0.25 85,868 85,653 85,653
Hermosa Beach City Los Angeles -0.22 19,055 19,014 19,014 Hidden Hills City Los Angeles 0.23 1,742 1,746 1,746
Huntington Park City Los Angeles -0.32 53,213 53,041 53,051 Industry City Los Angeles -0.23 432 431 431
Inglewood City Los Angeles -0.29 106,617 106,305 106,305 Irwindale City Los Angeles -0.07 1,510 1,509 1,509
La Canada Flintridge City Los Angeles 0.05 20,149 20,160 20,160 La Habra Heights City Los Angeles -0.13 5,510 5,503 5,503 Lakewood City Los Angeles 0.10 80,517 80,596 80,596
La Mirada City Los Angeles -0.17 48,315 48,233 48,233
Lancaster City Los Angeles 1.62 170,661 173,424 177,768 La Puente City Los Angeles 0.10 37,508 37,546 37,546
La Verne City Los Angeles 0.59 32,111 32,300 32,300
Lawndale City Los Angeles -0.20 30,921 30,860 30,860
Lomita City Los Angeles 0.04 20,398 20,407 20,407
Long Beach City Los Angeles 0.44 460,230 462,246 462,561 Los Angeles City Los Angeles 0.44 3,813,575 3,830,479 3,835,263 Lynwood City Los Angeles 0.45 66,360 66,660 66,660
Malibu City Los Angeles -0.18 10,623 10,604 10,604
Manhattan Beach City Los Angeles -0.18 34,111 34,051 34,051 Maywood City Los Angeles -0.25 24,557 24,496 24,496
Monrovia City Los Angeles 1.94 38,181 38,920 38,920
Montebello City Los Angeles 0.79 62,243 62,732 62,732
Monterey Park City Los Angeles -0.13 59,342 59,262 59,269 Norwalk City Los Angeles -0.32 100,585 100,265 101,075
Palmdale City Los Angeles 0.31 166,580 167,097 167,097
Palos Verdes Estates City Los Angeles -0.12 13,014 12,999 12,999 389
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Paramount City Los Angeles -0.08 52,415 52,371 52,371 Pasadena City Los Angeles 0.41 140,054 140,631 140,631
Pico Rivera City Los Angeles 0.00 60,859 60,858 60,858
Pomona City Los Angeles 0.68 152,005 153,042 153,042
Rancho Palos Verdes City Los Angeles -0.25 40,831 40,727 40,727 Redondo Beach City Los Angeles -0.33 68,319 68,091 68,091 Rolling Hills City Los Angeles 0.24 1,673 1,677 1,677
Rolling Hills Estates City Los Angeles -0.14 8,557 8,545 8,545 Rosemead City Los Angeles 0.41 50,296 50,501 50,501
San Dimas City Los Angeles -0.05 34,226 34,209 34,209
San Fernando City Los Angeles 0.62 23,546 23,692 23,692 San Gabriel City Los Angeles 1.00 38,569 38,953 38,953
San Marino City Los Angeles -0.09 12,341 12,330 12,330
Santa Clarita City Los Angeles 0.35 231,573 232,377 232,377 Santa Fe Springs City Los Angeles 0.90 18,341 18,506 18,680 Santa Monica City Los Angeles 0.19 93,034 93,212 93,212 Sierra Madre City Los Angeles -0.30 10,903 10,870 10,870 Signal Hill City Los Angeles -0.31 11,457 11,421 11,421 South El Monte City Los Angeles -0.02 19,538 19,535 19,535 South Gate City Los Angeles 0.08 92,883 92,955 92,955
South Pasadena City Los Angeles 0.06 26,272 26,287 26,287 Temple City Los Angeles 0.70 36,069 36,322 36,322
Torrance City Los Angeles -0.10 143,410 143,261 143,261 Vernon City Los Angeles -0.48 208 207 207
Walnut City Los Angeles 0.74 28,008 28,214 28,214
West Covina City Los Angeles -0.21 109,657 109,428 109,428 West Hollywood City Los Angeles 0.10 35,250 35,284 35,284 Westlake Village City Los Angeles -0.31 7,943 7,918 7,918 Whittier City Los Angeles 0.03 87,820 87,850 87,850
Balance of County Los Angeles 0.18 1,001,862 1,003,674 1,004,490 Incorporated Los Angeles 0.31 8,834,429 8,861,693 8,872,321 County Total Los Angeles 0.30 9,836,291 9,865,367 9,876,811 Chowchilla City Madera -1.64 13,729 13,504 18,742
Madera City Madera -0.85 67,013 66,443 66,443
Balance of County Madera 2.24 75,718 77,414 77,414
Incorporated Madera -0.98 80,742 79,947 85,185
County Total Madera 0.58 156,460 157,361 162,599
Belvedere City Marin 0.29 2,052 2,058 2,058
Corte Madera City Marin 0.09 9,947 9,956 9,966
Fairfax City Marin 0.09 7,400 7,407 7,407
Larkspur City Marin -0.15 12,750 12,731 12,731
Mill Valley City Marin 0.07 13,679 13,688 13,688
Novato City Marin 0.22 51,372 51,486 51,690
Ross City Marin 0.83 2,290 2,309 2,309
San Anselmo City Marin 0.26 12,519 12,551 12,551
San Rafael City Marin -0.05 59,917 59,885 59,885
Sausalito City Marin 0.07 6,936 6,941 6,941
Tiburon Town Marin 0.18 8,894 8,910 8,910
Balance of County Marin 0.29 63,257 63,441 66,414
Incorporated Marin 0.09 187,756 187,922 188,136
County Total Marin 0.14 251,013 251,363 254,550
Balance of County Mariposa -0.21 16,897 16,861 16,917
County Total Mariposa -0.21 16,897 16,861 16,917
Fort Bragg City Mendocino -0.10 7,194 7,187 7,187
390
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Point Arena City Mendocino 1.57 445 452 452
Ukiah City Mendocino 0.60 16,227 16,325 16,325
Willits City Mendocino -0.31 4,853 4,838 4,838
Balance of County Mendocino -0.09 61,031 60,975 61,025
Incorporated Mendocino 0.29 28,719 28,802 28,802
County Total Mendocino 0.03 89,750 89,777 89,827
Atwater City Merced -0.18 31,921 31,862 31,862
Dos Palos City Merced -0.28 5,728 5,712 5,712
Gustine City Merced -0.23 6,035 6,021 6,021
Livingston City Merced -0.07 14,451 14,441 14,441
Los Banos City Merced 1.42 48,213 48,896 48,896
Merced City Merced 5.26 93,138 98,039 98,039
Balance of County Merced -4.65 91,101 86,861 88,109
Incorporated Merced 2.75 199,486 204,971 204,971
County Total Merced 0.43 290,587 291,832 293,080
Alturas City Modoc -0.19 2,662 2,657 2,657
Balance of County Modoc -0.22 5,847 5,834 5,834
Incorporated Modoc -0.19 2,662 2,657 2,657
County Total Modoc -0.21 8,509 8,491 8,491
Mammoth Lakes Town Mono -1.47 7,145 7,040 7,040
Balance of County Mono -1.75 5,647 5,548 5,644
Incorporated Mono -1.47 7,145 7,040 7,040
County Total Mono -1.59 12,792 12,588 12,684
Carmel-by-the-Sea City Monterey -0.23 3,056 3,049 3,049 Del Rey Oaks City Monterey -0.32 1,551 1,546 1,546
Gonzales City Monterey -0.30 8,459 8,434 8,434
Greenfield City Monterey 1.18 20,543 20,785 20,785
King City Monterey 1.09 14,189 14,344 14,344
Marina City Monterey 1.12 22,831 23,086 23,086
Monterey City Monterey -0.33 24,282 24,202 27,273
Pacific Grove City Monterey -0.43 14,935 14,871 14,871
Salinas City Monterey -0.24 161,039 160,645 160,645
Sand City Monterey -0.27 374 373 373
Seaside City Monterey 1.35 26,367 26,724 32,019
Soledad City Monterey 1.80 20,005 20,366 27,310
Balance of County Monterey -0.14 105,111 104,962 105,096 Incorporated Monterey 0.25 317,631 318,425 333,735
County Total Monterey 0.15 422,742 423,387 438,831
American Canyon City Napa 2.94 21,757 22,396 22,396
Calistoga City Napa -0.41 5,181 5,160 5,160
Napa City Napa 0.28 77,520 77,736 77,736
St Helena City Napa -0.13 5,356 5,349 5,349
Yountville City Napa -0.54 2,056 2,045 2,638
Balance of County Napa -0.30 21,840 21,775 22,845
Incorporated Napa 0.73 111,870 112,686 113,279
County Total Napa 0.56 133,710 134,461 136,124
Grass Valley City Nevada -0.72 13,461 13,364 13,364
Nevada City Nevada -0.86 3,365 3,336 3,336
Truckee Town Nevada 0.03 16,923 16,928 16,928
Balance of County Nevada -0.63 67,092 66,667 66,726
Incorporated Nevada -0.36 33,749 33,628 33,628
County Total Nevada -0.54 100,841 100,295 100,354
Aliso Viejo City Orange -0.45 50,442 50,213 50,213
Anaheim City Orange -0.08 341,967 341,686 341,773
391
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Brea City Orange -0.42 48,101 47,900 47,900
Buena Park City Orange -0.13 82,772 82,667 82,667
Costa Mesa City Orange 0.25 110,048 110,321 110,321
Cypress City Orange -0.13 49,563 49,499 49,499
Dana Point City Orange -0.37 32,850 32,730 32,730
Fountain Valley City Orange -0.09 56,612 56,560 56,560
Fullerton City Orange -0.31 141,909 141,469 141,469
Garden Grove City Orange 0.12 171,260 171,470 171,492
Huntington Beach City Orange -0.19 193,510 193,134 193,134 Irvine City Orange 0.79 316,119 318,629 318,629
Laguna Beach City Orange 0.02 22,759 22,763 22,763
Laguna Hills City Orange -0.41 30,435 30,309 30,309
Laguna Niguel City Orange 0.65 64,834 65,257 65,257
Laguna Woods City Orange -0.46 17,262 17,183 17,183
La Habra City Orange -0.06 61,236 61,202 61,202
Lake Forest City Orange 0.10 87,553 87,639 87,639
La Palma City Orange -0.44 15,177 15,110 15,110
Los Alamitos City Orange -0.32 12,044 12,006 12,006
Mission Viejo City Orange -0.28 91,993 91,740 91,740
Newport Beach City Orange -0.41 82,995 82,654 82,654
Orange City Orange 0.95 138,403 139,724 139,724
Placentia City Orange 2.52 52,653 53,982 53,982
Rancho Santa Margarita City Orange -0.46 46,553 46,341 46,341 San Clemente City Orange -0.35 63,085 62,865 62,865
San Juan Capistrano City Orange 0.23 35,247 35,329 35,329 Santa Ana City Orange 0.68 313,210 315,325 315,325
Seal Beach City Orange -0.47 24,439 24,325 24,400
Stanton City Orange -0.06 40,576 40,552 40,552
Tustin City Orange -0.15 79,449 79,326 79,326
Villa Park City Orange -0.21 5,750 5,738 5,738
Westminster City Orange 0.13 90,181 90,295 90,295
Yorba Linda City Orange -0.46 66,573 66,267 66,267
Balance of County Orange 0.54 132,313 133,023 133,033
Incorporated Orange 0.15 3,037,560 3,042,210 3,042,394
County Total Orange 0.17 3,169,873 3,175,233 3,175,427
Auburn City Placer -1.27 13,457 13,286 13,286
Colfax City Placer -1.48 2,026 1,996 1,996
Lincoln City Placer 0.65 54,167 54,520 54,520
Loomis Town Placer -0.59 6,729 6,689 6,689
Rocklin City Placer 0.28 72,967 73,172 73,172
Roseville City Placer 0.76 157,304 158,494 158,494
Balance of County Placer -0.44 113,786 113,289 113,289
Incorporated Placer 0.49 306,650 308,157 308,157
County Total Placer 0.24 420,436 421,446 421,446
Portola City Plumas -0.94 2,118 2,098 2,098
Balance of County Plumas 0.62 16,684 16,787 16,787
Incorporated Plumas -0.94 2,118 2,098 2,098
County Total Plumas 0.44 18,802 18,885 18,885
Banning City Riverside -0.37 32,068 31,949 31,949
Beaumont City Riverside 1.78 58,665 59,708 59,708
Blythe City Riverside -0.95 12,593 12,473 15,400
Calimesa City Riverside -0.79 11,082 10,994 10,994
Canyon Lake City Riverside -0.74 11,086 11,004 11,004
Cathedral City Riverside -0.67 51,962 51,615 51,651
392
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Coachella City Riverside 0.76 44,050 44,384 44,384
Corona City Riverside -0.32 159,667 159,157 159,157
Desert Hot Springs City Riverside 0.02 33,255 33,262 33,262 Eastvale City Riverside -0.68 70,274 69,799 69,799
Hemet City Riverside 0.20 91,751 91,934 91,934
Indian Wells City Riverside 0.06 4,859 4,862 4,862
Indio City Riverside -0.17 92,693 92,539 92,539
Jurupa Valley City Riverside -0.90 106,830 105,870 105,928 Lake Elsinore City Riverside 0.97 72,934 73,638 73,783
La Quinta City Riverside -0.90 39,148 38,796 38,796
Menifee City Riverside 1.30 113,837 115,316 115,316
Moreno Valley City Riverside -0.27 211,389 210,823 210,823 Murrieta City Riverside 0.44 111,299 111,789 111,789
Norco City Riverside -0.63 22,563 22,421 25,221
Palm Desert City Riverside 0.04 51,961 51,980 51,980
Palm Springs City Riverside -0.63 44,760 44,476 44,476
Perris City Riverside 0.36 80,947 81,240 81,240
Rancho Mirage City Riverside -0.62 17,227 17,120 17,120 Riverside City Riverside -0.37 321,479 320,278 320,337
San Jacinto City Riverside 0.10 54,936 54,990 54,990
Temecula City Riverside 1.19 110,898 112,220 112,220
Wildomar City Riverside 0.05 37,060 37,077 37,077
Balance of County Riverside 1.53 411,338 417,646 417,901 Incorporated Riverside 0.02 2,071,273 2,071,714 2,077,739 County Total Riverside 0.27 2,482,611 2,489,360 2,495,640 Citrus Heights City Sacramento -0.43 86,655 86,280 86,280 Elk Grove City Sacramento 1.24 180,599 182,842 182,842
Folsom City Sacramento 3.69 84,416 87,532 92,577
Galt City Sacramento 1.38 25,738 26,092 26,092
Isleton City Sacramento -0.65 769 764 764
Rancho Cordova City Sacramento 3.16 82,837 85,451 85,451 Sacramento City Sacramento 0.31 526,327 527,979 527,979 Balance of County Sacramento -0.26 604,360 602,760 602,760 Incorporated Sacramento 0.97 987,341 996,940 1,001,985
County Total Sacramento 0.50 1,591,701 1,599,700 1,604,745 Hollister City San Benito 0.51 43,272 43,492 43,492
San Juan Bautista City San Benito -0.81 2,095 2,078 2,078 Balance of County San Benito 0.50 21,147 21,252 21,252
Incorporated San Benito 0.45 45,367 45,570 45,570
County Total San Benito 0.46 66,514 66,822 66,822
Adelanto City San Bernardino 1.42 36,629 37,150 37,150
Apple Valley Town San Bernardino -0.11 75,339 75,255 75,262 Barstow City San Bernardino -0.55 24,634 24,498 24,811
Big Bear Lake City San Bernardino -0.48 4,977 4,953 4,953 Chino City San Bernardino 1.76 90,123 91,712 95,206
Chino Hills City San Bernardino -0.18 77,452 77,314 77,314 Colton City San Bernardino -0.42 53,505 53,278 53,278
Fontana City San Bernardino 0.96 217,084 219,172 219,172 Grand Terrace City San Bernardino -0.51 12,868 12,803 12,803 Hesperia City San Bernardino 0.54 101,248 101,792 101,792 Highland City San Bernardino 1.16 56,436 57,088 57,088
Loma Linda City San Bernardino -0.19 25,323 25,276 25,322 Montclair City San Bernardino -0.38 37,670 37,526 37,526 Needles City San Bernardino -0.54 4,817 4,791 4,791
393
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Ontario City San Bernardino 0.84 182,875 184,404 184,404 Rancho Cucamonga City San Bernardino 0.44 175,227 175,992 175,992 Redlands City San Bernardino 0.10 73,416 73,488 73,488
Rialto City San Bernardino 1.09 104,426 105,565 105,565 San Bernardino City San Bernardino 0.08 221,218 221,387 222,727 Twentynine Palms City San Bernardino 7.84 14,775 15,934 24,257 Upland City San Bernardino -0.23 79,326 79,140 79,140
Victorville City San Bernardino 0.49 135,981 136,652 141,013 Yucaipa City San Bernardino 0.51 54,561 54,838 54,838
Yucca Valley Town San Bernardino 0.03 22,021 22,027 22,027 Balance of County San Bernardino -0.22 290,454 289,811 297,505 Incorporated San Bernardino 0.54 1,881,931 1,892,035 1,909,919 County Total San Bernardino 0.44 2,172,385 2,181,846 2,207,424 Carlsbad City San Diego -0.24 116,652 116,368 116,368
Chula Vista City San Diego 0.19 280,590 281,137 281,401 Coronado City San Diego -0.41 17,471 17,400 22,610
Del Mar City San Diego 0.05 3,948 3,950 3,950
El Cajon City San Diego -0.47 105,429 104,932 104,932
Encinitas City San Diego 0.17 61,851 61,956 61,956
Escondido City San Diego -0.63 151,386 150,425 150,425
Imperial Beach City San Diego -0.35 26,462 26,369 26,369 La Mesa City San Diego -0.27 61,072 60,908 60,908
Lemon Grove City San Diego 0.93 27,903 28,163 28,163
National City San Diego 0.07 56,900 56,941 58,965
Oceanside City San Diego 0.44 173,569 174,340 174,340
Poway City San Diego 0.86 49,948 50,379 50,379
San Diego City San Diego 1.15 1,378,448 1,394,234 1,408,937 San Marcos City San Diego -0.14 97,261 97,123 97,123
Santee City San Diego -0.60 59,928 59,568 59,568
Solana Beach City San Diego -0.52 13,054 12,986 12,986
Vista City San Diego -0.14 101,740 101,599 101,599
Balance of County San Diego -0.19 470,041 469,135 509,160 Incorporated San Diego 0.54 2,783,612 2,798,778 2,820,979 County Total San Diego 0.44 3,253,653 3,267,913 3,330,139 San Francisco City San Francisco -0.39 844,789 841,467 842,027 Incorporated San Francisco -0.39 844,789 841,467 842,027 County Total San Francisco -0.39 844,789 841,467 842,027 Escalon City San Joaquin -1.43 7,337 7,232 7,232
Lathrop City San Joaquin 4.03 37,102 38,596 38,596
Lodi City San Joaquin -0.25 67,262 67,093 67,093
Manteca City San Joaquin 1.76 92,116 93,733 93,733
Mountain House City San Joaquin 0.00 28,795 28,795
Ripon City San Joaquin -1.33 15,966 15,753 15,753
Stockton City San Joaquin -0.77 323,325 320,847 320,877 Tracy City San Joaquin 0.73 97,501 98,215 98,215
Balance of County San Joaquin -16.29 159,392 133,422 135,562 Incorporated San Joaquin 4.63 640,609 670,264 670,294
County Total San Joaquin 0.46 800,001 803,686 805,856
Arroyo Grande City San Luis Obispo -0.64 18,025 17,910 17,910 Atascadero City San Luis Obispo -0.72 29,305 29,093 30,134 El Paso de Robles City San Luis Obispo 0.24 30,988 31,061 31,061 Grover Beach City San Luis Obispo -0.35 12,455 12,411 12,411 Morro Bay City San Luis Obispo 0.00 10,404 10,404 10,404 Pismo Beach City San Luis Obispo -0.69 7,858 7,804 7,804 394
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 San Luis Obispo City San Luis Obispo 1.52 48,791 49,534 49,534 Balance of County San Luis Obispo -0.61 118,580 117,852 120,079 Incorporated San Luis Obispo 0.25 157,826 158,217 159,258 County Total San Luis Obispo -0.12 276,406 276,069 279,337 Atherton Town San Mateo -0.33 7,030 7,007 7,007
Belmont City San Mateo 3.90 27,146 28,206 28,206
Brisbane City San Mateo -0.51 4,700 4,676 4,676
Burlingame City San Mateo 2.55 30,768 31,552 31,552
Colma Town San Mateo -0.70 1,421 1,411 1,411
Daly City San Mateo -0.16 102,315 102,155 102,155
East Palo Alto City San Mateo -0.65 29,325 29,133 29,133 Foster City San Mateo -0.60 32,856 32,658 32,658
Half Moon Bay City San Mateo -0.26 11,333 11,303 11,303 Hillsborough Town San Mateo 0.38 11,211 11,254 11,254
Menlo Park City San Mateo -0.35 33,291 33,175 33,311
Millbrae City San Mateo -0.53 23,288 23,164 23,164
Pacifica City San Mateo -0.41 37,365 37,212 37,217
Portola Valley Town San Mateo -0.02 4,286 4,285 4,285
Redwood City San Mateo -0.57 82,546 82,073 82,073
San Bruno City San Mateo 0.29 42,507 42,631 42,631
San Carlos City San Mateo -0.45 29,669 29,535 29,535
San Mateo City San Mateo 0.09 104,221 104,315 104,315
South San Francisco City San Mateo 0.39 65,146 65,397 65,397 Woodside Town San Mateo 0.58 5,176 5,206 5,206
Balance of County San Mateo -0.32 62,047 61,848 61,848
Incorporated San Mateo 0.11 685,600 686,348 686,489
County Total San Mateo 0.07 747,647 748,196 748,337
Buellton City Santa Barbara 2.23 4,980 5,091 5,091
Carpinteria City Santa Barbara 0.09 12,723 12,735 12,735 Goleta City Santa Barbara 0.45 32,601 32,747 32,747
Guadalupe City Santa Barbara 1.81 8,694 8,851 8,851
Lompoc City Santa Barbara 0.05 40,518 40,538 43,424
Santa Barbara City Santa Barbara 0.31 86,159 86,422 86,451 Santa Maria City Santa Barbara 1.19 110,885 112,208 112,208 Solvang City Santa Barbara 0.47 5,728 5,755 5,755
Balance of County Santa Barbara 0.52 136,287 136,992 139,870 Incorporated Santa Barbara 0.68 302,288 304,347 307,262 County Total Santa Barbara 0.63 438,575 441,339 447,132 Campbell City Santa Clara -0.22 43,377 43,281 43,281
Cupertino City Santa Clara -0.09 59,887 59,831 59,831
Gilroy City Santa Clara 1.10 61,402 62,076 62,205
Los Altos City Santa Clara 0.62 31,523 31,720 31,720
Los Altos Hills Town Santa Clara 0.33 8,520 8,548 8,548 Los Gatos Town Santa Clara -0.43 33,500 33,355 33,355
Milpitas City Santa Clara -0.59 82,401 81,915 81,915
Monte Sereno City Santa Clara 0.66 3,613 3,637 3,637
Morgan Hill City Santa Clara 0.06 46,573 46,599 46,599
Mountain View City Santa Clara -0.19 86,674 86,513 86,513 Palo Alto City Santa Clara 0.31 68,550 68,763 68,794
San Jose City Santa Clara -0.08 980,174 979,415 979,415 Santa Clara City Santa Clara 0.57 133,829 134,587 134,587 Saratoga City Santa Clara 0.29 31,020 31,110 31,110
Sunnyvale City Santa Clara 0.46 158,948 159,673 159,673 Balance of County Santa Clara -0.21 90,602 90,412 91,076 395
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Incorporated Santa Clara 0.06 1,829,991 1,831,023 1,831,183 County Total Santa Clara 0.04 1,920,593 1,921,435 1,922,259 Capitola City Santa Cruz -0.35 9,704 9,670 9,670
Santa Cruz City Santa Cruz 0.18 62,861 62,972 62,972
Scotts Valley City Santa Cruz -0.04 11,836 11,831 11,831 Watsonville City Santa Cruz 0.47 50,860 51,101 51,101
Balance of County Santa Cruz -0.04 128,130 128,079 128,136 Incorporated Santa Cruz 0.23 135,261 135,574 135,574
County Total Santa Cruz 0.10 263,391 263,653 263,710
Anderson City Shasta -0.73 11,048 10,967 10,967
Redding City Shasta 0.09 93,330 93,413 93,534
Shasta Lake City Shasta -0.74 10,209 10,133 10,133
Balance of County Shasta -0.49 65,836 65,514 65,567
Incorporated Shasta -0.06 114,587 114,513 114,634
County Total Shasta -0.22 180,423 180,027 180,201
Loyalton City Sierra -0.27 732 730 730
Balance of County Sierra -0.20 2,445 2,440 2,440
Incorporated Sierra -0.27 732 730 730
County Total Sierra -0.22 3,177 3,170 3,170
Dorris City Siskiyou -0.84 837 830 830
Dunsmuir City Siskiyou -0.91 1,643 1,628 1,628
Etna City Siskiyou -0.75 667 662 662
Fort Jones City Siskiyou -0.75 668 663 663
Montague City Siskiyou -0.42 1,200 1,195 1,195
Mount Shasta City Siskiyou -0.72 3,202 3,179 3,179
Tulelake City Siskiyou -0.82 858 851 851
Weed City Siskiyou 0.30 2,708 2,716 2,716
Yreka City Siskiyou 0.64 7,829 7,879 7,879
Balance of County Siskiyou -0.49 23,772 23,656 23,708
Incorporated Siskiyou -0.05 19,612 19,603 19,603
County Total Siskiyou -0.29 43,384 43,259 43,311
Benicia City Solano -0.58 26,347 26,195 26,195
Dixon City Solano 2.89 19,608 20,174 20,174
Fairfield City Solano -0.07 116,199 116,112 120,720
Rio Vista City Solano 1.78 10,157 10,338 10,338
Suisun City Solano -0.13 29,074 29,036 29,036
Vacaville City Solano 0.04 97,347 97,382 103,181
Vallejo City Solano -0.48 122,791 122,207 122,207
Balance of County Solano -0.27 17,285 17,238 17,988
Incorporated Solano -0.02 421,523 421,444 431,851
County Total Solano -0.03 438,808 438,682 449,839
Cloverdale City Sonoma -0.97 8,763 8,678 8,678
Cotati City Sonoma -0.86 7,353 7,290 7,290
Healdsburg City Sonoma -0.35 11,010 10,972 10,972
Petaluma City Sonoma 0.40 58,858 59,094 59,094
Rohnert Park City Sonoma -0.06 44,089 44,062 44,062
Santa Rosa City Sonoma 0.80 177,043 178,452 178,452
Sebastopol City Sonoma 0.40 7,338 7,367 7,367
Sonoma City Sonoma -0.83 10,595 10,507 10,507
Windsor Town Sonoma -0.17 25,669 25,625 25,625
Balance of County Sonoma -0.46 130,591 129,985 130,801
Incorporated Sonoma 0.38 350,718 352,047 352,047
County Total Sonoma 0.15 481,309 482,032 482,848
Ceres City Stanislaus -0.35 49,480 49,305 49,305
396
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Hughson City Stanislaus 2.26 7,801 7,977 7,977
Modesto City Stanislaus 0.03 219,705 219,765 219,765
Newman City Stanislaus 1.05 12,260 12,389 12,389
Oakdale City Stanislaus 0.28 23,167 23,231 23,231
Patterson City Stanislaus 3.57 24,977 25,868 25,868
Riverbank City Stanislaus 3.16 25,290 26,090 26,090
Turlock City Stanislaus 0.31 71,997 72,219 72,219
Waterford City Stanislaus 0.09 9,161 9,169 9,169
Balance of County Stanislaus -0.02 109,776 109,752 109,752 Incorporated Stanislaus 0.49 443,838 446,013 446,013
County Total Stanislaus 0.39 553,614 555,765 555,765
Live Oak City Sutter 0.58 9,602 9,658 9,658
Yuba City Sutter 0.96 69,781 70,453 70,453
Balance of County Sutter 0.49 20,048 20,146 20,146
Incorporated Sutter 0.92 79,383 80,111 80,111
County Total Sutter 0.83 99,431 100,257 100,257
Corning City Tehama 1.30 8,162 8,268 8,268
Red Bluff City Tehama 0.11 14,450 14,466 14,466
Tehama City Tehama 0.23 427 428 428
Balance of County Tehama -0.41 41,702 41,532 41,665
Incorporated Tehama 0.53 23,039 23,162 23,162
County Total Tehama -0.07 64,741 64,694 64,827
Balance of County Trinity -0.16 15,850 15,825 15,884
County Total Trinity -0.16 15,850 15,825 15,884
Dinuba City Tulare 0.67 25,852 26,025 26,025
Exeter City Tulare -0.19 10,252 10,233 10,233
Farmersville City Tulare -0.29 10,422 10,392 10,392
Lindsay City Tulare -0.07 12,734 12,725 12,725
Porterville City Tulare 0.04 63,427 63,455 63,622
Tulare City Tulare 2.02 71,557 73,002 73,002
Visalia City Tulare 0.69 145,714 146,722 146,978
Woodlake City Tulare 2.72 7,793 8,005 8,005
Balance of County Tulare 0.54 135,452 136,180 136,227
Incorporated Tulare 0.81 347,751 350,559 350,982
County Total Tulare 0.73 483,203 486,739 487,209
Sonora City Tuolumne -0.74 5,154 5,116 5,116
Balance of County Tuolumne -0.27 46,963 46,836 49,241
Incorporated Tuolumne -0.74 5,154 5,116 5,116
County Total Tuolumne -0.32 52,117 51,952 54,357
Camarillo City Ventura -0.78 69,467 68,927 68,927
Fillmore City Ventura -0.35 17,095 17,035 17,035
Moorpark City Ventura -0.77 35,023 34,754 34,754
Ojai City Ventura 0.04 7,556 7,559 7,559
Oxnard City Ventura 0.18 198,384 198,733 198,733
Port Hueneme City Ventura -0.81 19,024 18,870 20,838
San Buenaventura (Ventura) CitVentura 0.58 108,304 108,930 108,985 Santa Paula City Ventura 0.47 31,511 31,658 31,658
Simi Valley City Ventura 0.00 124,640 124,645 124,815
Thousand Oaks City Ventura -0.73 123,372 122,468 122,468 Balance of County Ventura 1.49 90,070 91,416 93,233
Incorporated Ventura -0.11 734,376 733,579 735,772
County Total Ventura 0.07 824,446 824,995 829,005
Davis City Yolo -0.43 65,708 65,423 65,423
West Sacramento City Yolo 0.85 54,938 55,403 55,403
397
City County
Percent
Change 24-25
Population Minus
Exclusions 1-1-24
Population Minus
Exclusions 1-1-25
Total
Population 1-1-
25 Winters City Yolo 4.14 7,702 8,021 8,021
Woodland City Yolo 0.35 61,406 61,623 61,623
Balance of County Yolo 1.83 34,334 34,963 34,963
Incorporated Yolo 0.38 189,754 190,470 190,470
County Total Yolo 0.60 224,088 225,433 225,433
Marysville City Yuba -0.84 12,825 12,717 12,717
Wheatland City Yuba 2.29 3,922 4,012 4,012
Balance of County Yuba 0.57 65,454 65,828 68,294
Incorporated Yuba -0.11 16,747 16,729 16,729
County Total Yuba 0.43 82,201 82,557 85,023
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 398
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0179 Agenda Date: 6/2/2025 Agenda #: 6.

Agenda Item Wording:

Approval of single exemption for alcohol consumption at Riverway Sports Park - Authorize City Manager to grant a single use exemption for the issuance of an alcohol permit for alcohol consumption at Riverway Sports Park for a City of Visalia hosted Independence Spectacular community special event.

Deadline for Action: 6/2/2025
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp, Recreation Manager [email protected] 713-4336 and Jason Glick, Parks & Recreation Director [email protected] 713-4042
Department Recommendation:

Staff recommends that City Council authorize the City Manager to grant a one-time permit for alcohol consumption at Riverway Sports Park in conjunction with the City of Visalia led community special event, Independence Spectacular scheduled to be held on July 3rd, 2025.

Background Discussion:

In 2024 the City Council approved a request from staff to fund the inaugural Independence Spectacular, due to the success of the inaugural event, the 2nd Annual event is scheduled to be held Thursday, July 3, 2025, at Riverway Sports Park. This year’s event will feature free admission, live music, free kids’ amusement area, community services information booths, food and boutique vendors, a beer garden, the festivities will conclude with two drone shows synced to music. The drone shows times are 9pm and 10pm, each lasting approximately 12 minutes in length with 300 drones.

Staff are seeking City Councils approval to authorize the City Manager to grant a one-time permit for alcohol consumption in conjunction with the City of Visalia hosted Independence Spectacular scheduled to for July 3, 2025 at Riverway Sports Park.
· Per Visalia Municipal Code Article 4. Prohibiting Alcoholic Beverages Section 12.32.065 states that it is unlawful for possession and/or consumption of alcoholic beverages within the boundaries of every City of Visalia public park/recreation area. The City Manager, or designee, shall maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a permit of issued pursuant to Article 2 Park Reservation Permits.

The event will have a designated beer garden for sales of alcohol, this area will be delineated and will have security guards. Local non-profit, Visalia Community Enhancement Foundation, will host the beer garden and will procure all designated permits for sale of alcohol and insurances.

Visalia City Council Page 1 of 2 Printed on 5/30/2025
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File #: 25-0179 Agenda Date: 6/2/2025 Agenda #: 6.

Fiscal Impact:

N/A
Prior Council Action: May 31, 2024 - City Council reviewed and approved a request from staff to authorize the City Manager to grant a one-time permit for alcohol consumption at the Inaugural Independence Spectacular on July 3, 2024 located Riverway Sports Park.

Other: N/A
Alternatives: Alcohol consumption is not permitted at the event, resulting in loss of sponsorships that are secured to offset the cost of the event entertainment.

Recommended Motion (and Alternative Motions if expected):

Move to authorize the City Manager to grant a one-time permit for alcohol consumption at Riverway Sports Park for the City of Visalia Independence Spectacular community special event to be held on July 3, 2025.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
Visalia City Council Page 2 of 2 Printed on 5/30/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0197 Agenda Date: 6/2/2025 Agenda #: 7.

Agenda Item Wording:

Confirmation of the contract with Stripe for Microtransit Credit Card Payment Processing Services - Confirm the contract with Stripe to act as a third-party credit card processing services provider for the Visalia Connect microtransit pilot program for one (1) year with the option of up to four (4) one-year renewals, with processing fees not to exceed $30,000 annually.

Deadline for Action: 6/2/2025
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected] <mailto:[email protected]> (559)713-4591, John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]> (559)713-4323.

Department Recommendation:

Staff recommends that the City Council confirm the contract with Stripe for one (1) year with the option of four (4) one-year renewals and a maximum of $30,000 annually in processing fees, to act as a third-party credit card processing services provider for the Visalia Connect microtransit pilot program.

Summary:

At its meeting on April 21, 2025, the City Council provided conditional approval of Stripe as a thirdparty credit card processing services provider for Visalia Connect, Visalia Transit’s new microtransit service, pending a full review process from the City’s Finance Department and Information Technology (IT) Division staff. Transit Division staff have subsequently received approval to proceed with Stripe, with IT staff having met with Stripe and having all questions answered on use of this credit card processing technology for the microtransit service. This item is submitted to the Council to confirm the final contract with Stripe for credit card processing for Visalia Connect service. The microtransit launch date is June 11, 2025.

Background Discussion:

Protection of customer credit card data is a primary concern for the City when contracting for payment and processing services. Credit card payment safety is measured according to standards set by the Payment Card Industry (PCI) Security Standards Council. Stripe credit card payment processing services have received certification at the highest rating (Level 1) for PCI Compliance.

Stripe is a popular third-party payment platform used by many types of businesses of various sizes.

There are a wide range of online tools and ways to accept payments on the Stripe payment platform.

Stripe will be used to process the credit card payments that passengers submit when booking a ride on the Via booking software platform for the microtransit program. Amazon, Google, Instacart, Lyft, and Wayfair are just some of the major companies that utilize Stripe as its credit card payment Visalia City Council Page 1 of 2 Printed on 5/29/2025
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File #: 25-0197 Agenda Date: 6/2/2025 Agenda #: 7.
and Wayfair are just some of the major companies that utilize Stripe as its credit card payment processing platform.

Transit staff met with the City’s Finance Director and IT Manager to discuss Stripe and the alternative option supported by the Via booking software platform (Brain Tree), and were advised to proceed with Stripe. It should also be noted that both the Tulare County Regional Transit Agency (TCRTA) and the City of Porterville both utilize Stripe as their third-party credit card payment processor through Via for microtransit services.

Fiscal Impact:

The microtransit pilot program is funded by State Senate Bill 125 transit grant funds provided by the Tulare County Association of Governments (TCAG).

Prior Council Action:
24-0016 12-04-2023 Authorization to partner with County on microtransit 23-0454 12-15-2023 Approval of Project Budget List (microtransit included) 24-0258 06-24-2024 Rescinding of County partnership for microtransit 24-0251 09-16-2024 Award for microtransit software and vehicle purchase 24-0497 11-22-2024 Authorization to receive SB125 funding for microtransit 24-0562 03-03-2025 Transit update presentation (microtransit included) 24-0432 03-03-2025 Rates and Fees for microtransit service 25-0074 03-17-2025 Recommendation from staff on branding microtransit service 25-0143 04-21-2025 Conditional authorization for Stripe Credit Card Services Other: N/A
Alternatives:

The City Council could act to pause the planned microtransit launch and explore the alternative credit card processing provider (Brain Tree).

Recommended Motion (and Alternative Motions if expected):

Staff recommends that the City Council confirm the contract with Stripe for one (1) year with the option of four (4) one-year renewals and a maximum of $30,000 annually in processing fees, to act as a third-party credit card payment processing services provider for the Visalia Connect microtransit pilot program.

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

City Council Staff Report - April 21, 2025 (25-0143)
Stripe Services Agreement.

Visalia City Council Page 2 of 2 Printed on 5/29/2025
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Welcome to Stripe!
This Stripe Services Agreement includes this introduction, the General Terms, Definitions, Services Terms, and incorporated documents and terms (“Agreement”) and forms a legal agreement between Stripe, Inc. (“Stripe”) and you or the entity you represent (“you” and “your”). This Agreement governs your use of the Services.

This Agreement is effective upon the date you first access or use the Services (“Effective Date”) and continues until you or Stripe terminates it (this period, the “Term”). Capitalized terms used in this Agreement that are not defined inline are defined in the Definitions.

As referenced in Section 13 of the General Terms, any dispute between you and Stripe is subject to a class action waiver and must be resolved by individual binding arbitration. Please read the arbitration provision in this Agreement as it affects your rights under this Agreement.

General Terms
Last modified: November 11, 2024
You and Stripe agree as follows:

1. Your Stripe Account.

1.1 Eligibility.

Only businesses (including sole proprietors) and non-profit organizations located in the United States are eligible to apply for a Stripe Account and use the Services. Stripe and its Affiliates may provide Services to you or your Affiliates in other countries or regions under separate agreements. You and your Representative must not attempt to create a Stripe Account on behalf of or for the benefit of a user whose use of the Stripe services was suspended or terminated by Stripe, unless Stripe approves otherwise.

1.2 Business Representative.

You and your Representative individually affirm to Stripe that (a) your Representative is authorized to provide User Information on your behalf and to bind you to this Agreement; and (b) your Representative is an executive officer, senior manager or otherwise has significant responsibility for the control, management or direction of your business. Stripe may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority.

1.3 Sole Proprietors.

If you are a sole proprietor, you and your Representative also affirm that your Representative is personally responsible and liable for your use of the Services and your obligations to Customers, including payment of amounts you owe under this Agreement.

1.4 Age Requirements.
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If you are a sole proprietor, and you are not old enough to enter into a contract on your own behalf (which is commonly but not always 18 years old), but you are 13 years old or older, your Representative must be your parent or legal guardian. If you are a legal entity that is owned, directly or indirectly, by an individual who is not old enough to enter into a contract on their own behalf, but the individual is 13 years old or older, your Representative must obtain the consent of either your board or an authorized officer. The approving board, authorized officer, parent or legal guardian is responsible to Stripe and is legally bound to this Agreement as if it had agreed to this Agreement itself. You must not use the Services if you are under 13 years of age.

2. Services and Support.

2.1 Services.

Stripe (and its Affiliates, as applicable) will make available to you the Services, including those described in the applicable Services Terms, and, if applicable, give you access to a Stripe Dashboard.

2.2 Services Terms; Order of Precedence.

The Services Terms contain specific terms governing the parties’ rights and obligations related to the Services described in those Services Terms. If there are no Services Terms for a particular Stripe service, then only these General Terms govern. By accessing or using a Service, you agree to comply with the applicable Services Terms. If any term in these General Terms conflicts with a term in any Services Terms or set of terms incorporated by reference into this Agreement, then unless terms of lower precedence expressly state to the contrary, the order of precedence is: (a) the Services Terms; (b) these General Terms; and (c) all terms incorporated by reference into this Agreement. Your access to or use of the Services may also be subject to additional terms to which you agree through the Stripe Dashboard.

2.3 Service Modifications and Updates.

Stripe may modify the Services and Stripe Technology at any time, including adding or removing functionality or imposing conditions on use of the Services. Stripe will notify you of material adverse changes in, deprecations to, or removal of functionality from, Services or Stripe Technology that you are using. Stripe is not obligated to provide any Updates. However, if Stripe makes an Update available, you must fully install the Update by the date or within the time period stated in Stripe’s notice; or, if there is no date or period stated in the notice, then no later than 30 days after the date of the notice.

2.4 Subcontracting.

Stripe may subcontract its obligations under this Agreement to third parties.

2.5 Services Restrictions.

You may only use the Services for business purposes. You must not, and must not enable or allow any third party to:
(a) use the Services for personal, family or household purposes; 406
(b) act as service bureau or pass-through agent for the Services with no added value to Customers; (c) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited, or access or attempt to access non-public Stripe systems, programs, data, or services; (d) except as Law permits, reverse engineer or attempt to reverse engineer the Services or Stripe Technology;
(e) use the Services to engage in any activity that is illegal, fraudulent, deceptive, exploitative, or harmful;
(f) perform or attempt to perform any action that interferes with the normal operation of the Services or affects other Stripe users’ use of Stripe services;
(g) exceed any Services usage limitations stated in the Documentation; or (h) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any part of the Services, Documentation, or the Stripe Website except as permitted by Law.

2.6 Preview Services.
(a) Classification. Stripe may classify certain Stripe services or Stripe Technology, including a particular product or feature release, as being in a Preview phase. A Stripe service may be generally available in some circumstances (e.g., in some countries or regions) while still released or classified as Preview in other circumstances.
(b) Nature of Preview Services. By their nature, Preview Services may be feature-incomplete or contain bugs. Stripe may describe limitations that exist within a Preview Service; however, your reliance on the accuracy or completeness of these descriptions is at your own risk. You should not use Preview Services in a production environment until and unless you understand and accept the limitations and flaws that may be present in the Preview Services.
(c) Feedback. Unless Stripe otherwise agrees in writing, your use of Preview Services is confidential, and you must provide timely Feedback on the Preview Services in response to Stripe requests. (d) Availability During Preview Product Release Phase. Stripe may suspend or terminate your access to any Preview Services at any time.

2.7 Support.

Stripe will provide you with support to resolve general issues relating to your Stripe Account and your use of the Services through resources and documentation that Stripe makes available on the Stripe Website and in the Documentation. Stripe’s support is also available by contacting Stripe at contact us.

Stripe is not responsible for providing support to Customers.

2.8 Third-Party Services.
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Stripe may reference, enable you to access, or promote (including on the Stripe Website) Third-Party Services. These Third-Party Services are provided for your convenience only and Stripe does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk and Stripe disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not Services and are not governed by this Agreement or Stripe’s Privacy Policy. Your use of any Third-Party Service, including those linked from the Stripe Website, is subject to that Third-Party Service’s own terms of use and privacy policies (if any).

2.9 Modifications to Services or Stripe Technology.
(a) Right to Modify. Stripe may modify or discontinue any part of a Service or Stripe Technology, including ceasing to offer that Service or Stripe Technology in a particular country. Stripe will provide you reasonable notice if the modification or discontinuation would materially reduce the functionality of a Service or Stripe Technology that you are using, unless giving notice would (i) pose a security issue to Stripe; or (ii) cause Stripe to violate Law or breach any legal obligation to a Governmental Authority or Financial Partner.
(b) Updates. Stripe is not obligated to provide any Updates. If Stripe does make an Update available, you must install the Update by the date or within the time period stated in Stripe’s notice; or, if there is no date or period stated in the notice, then no later than 30 days after the date of the notice.

3. Information; Your Business.

3.1 User Information.

Upon Stripe’s request, you must provide User Information to Stripe in a form satisfactory to Stripe. You must keep the User Information in your Stripe Account current. You must promptly update your Stripe Account with any changes affecting you, the nature of your business activities, your Representative, beneficial owners, principals, or any other pertinent information. You must immediately notify Stripe, and provide to Stripe updated User Information, if (a) you experience or anticipate experiencing a Change of Control; (b) you experience or anticipate experiencing a material change in your business or financial condition, including if you experience or are likely to experience an Insolvency Event; (c) the regulatory status of the business for which you are using the Services changes, including if it becomes subject, or no longer subject, to regulatory oversight; or (d) a Governmental Authority has notified you that you or your business is the subject of investigative action.

3.2 Information Stripe Obtains.

You authorize Stripe to obtain information about you and your business from Stripe’s service providers and other third parties, including credit reporting agencies, banking partners and information bureaus, for the purposes of this Agreement. This information may include your, or your representative’s, name, addresses, credit history, banking relationships, and financial history. You must authorize and direct those third parties to compile and provide this information to Stripe.

4. Services Fees; Taxes.
408

4.1 Services Fees.

The Fees are stated on the Stripe Pricing Page, unless you and Stripe otherwise agree in writing. Subject to the requirements of Law, Stripe may revise the Fees at any time. Stripe may, from time to time, offer a Service or Service feature without charge, or waive a Fee for that Service or Service feature. If Stripe increases a Fee, or introduces a new Fee, for a Service that you are currently using, then Stripe will notify you at least 30 days (or longer period if Law requires) before the revised or new Fee applies to you.

4.2 Collection of Fees and Other Amounts.

You must pay, or ensure that Stripe is able to collect, Fees, Taxes, and other amounts you owe under this Agreement when due. Stripe may deduct, recoup or setoff Fees and other amounts you owe under this Agreement, or under any other agreements you have with Stripe or any of its Affiliates, from your Stripe Account balance, or invoice you for those amounts. If you fail to pay invoiced amounts when due, if your Stripe Account balance is negative or does not contain funds sufficient to pay amounts that you owe under this Agreement, or under any other agreement with Stripe or any of its Affiliates, or if Stripe is unable to collect amounts due from your Stripe Account balance, then Stripe may, to the extent Law permits, deduct, recoup or setoff those amounts from: (a) if established and applicable, each Reserve; (b) funds payable by Stripe or its Affiliate to you or your Affiliate; (c) if established, each User Affiliate Reserve; (d) each User Bank Account; and (e) the Stripe account balance of each Stripe account that Stripe determines, acting reasonably, is associated with you or your Affiliate. If the currency of the amount being deducted is different from the currency of the amount you owe, Stripe may deduct, recoup or setoff an amount equal to the amount owed (using Stripe’s conversion rate) together with any fees Stripe incurs in making the conversion.

4.3 Debit Authorization.

Without limiting Section 4.2 of these General Terms, you authorize Stripe to debit each User Bank Account without separate notice, and according to the applicable User Bank Account Debit Authorization, to collect amounts you owe under this Agreement. If Stripe is unable to collect those amounts by debiting a User Bank Account, then you immediately grant to Stripe a new, original authorization to debit each User Bank Account without notice and according to the applicable User Bank Account Debit Authorization. Stripe may rely on this authorization to make one or more attempts to collect all or a subset of the amounts owed. Your authorization under this Section 4.3 will remain in full force and effect until (a) all of your Stripe Accounts are closed; or (b) all fees and other amounts you owe under this Agreement are paid, whichever occurs later. If applicable debit scheme authorization rules grant you the right to revoke your debit authorization, then to the extent Law permits, you waive that right.

4.4 Taxes.

The Fees exclude all Taxes, except as the Stripe Pricing Page expressly states to the contrary. You have sole responsibility and liability for:
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(a) determining which, if any, Taxes or fees apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services; and (b) assessing, collecting, reporting and remitting Taxes for your business.

If Stripe is required by Law to collect or withhold any Taxes, Stripe may deduct those Taxes from amounts otherwise owed to you and pay those Taxes to the appropriate taxing authority. If you are exempt from paying, or are otherwise eligible to pay a reduced rate on, those Taxes, you may provide to Stripe an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status or reduced rate eligibility, in which case Stripe will not deduct the Taxes that certificate covers. You must provide accurate information regarding your tax affairs as Stripe reasonably requests, and must promptly notify Stripe if any information that Stripe prepopulates is inaccurate or incomplete. Stripe may send documents to you and taxing authorities for transactions processed using the Services. Specifically, Law may require Stripe to file periodic informational returns with taxing authorities related to your use of the Services. Stripe may send tax-related information electronically to you.

5. User Bank Accounts; Funds.

5.1 User Bank Accounts; Prohibition on Grant or Assignment.

You must designate at least one User Bank Account in connection with the Services. Stripe may debit and credit a User Bank Account as described in this Agreement. You must not grant or assign to any third party any lien on or interest in funds that may be owed to you under this Agreement until the funds are deposited into a User Bank Account.

5.2 Holding of Funds.

To the extent Law and the applicable Financial Services Terms permit, Stripe and its Affiliates may invest funds they hold into liquid investments. Stripe or its applicable Affiliates will (a) hold these investments separate from investments made with their own funds; and (b) own, and User will not receive, any earnings from these investments. Stripe's and its Affiliates' investment of funds will not affect or delay Stripe's payout obligations under this Agreement.

5.3 Regulated Money Transmission; Stripe Status.

Certain Services involve regulated money transmission under U.S. Law. To the extent that your use of the Services involves money transmission or other regulated services under U.S. Law, Stripe’s Affiliate, SPC, provides those regulated Services, and the SPC terms located on or accessible from the Stripe Legal Page will apply to you, unless the applicable Services Terms specify otherwise. Stripe is not a bank, and does not accept deposits.

5.4 Dormant Accounts.
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If you leave any funds dormant in a Stripe Account and you do not instruct Stripe on where to send them, Stripe may deem the funds abandoned by you and deliver them to the appropriate Governmental Authority. However, if Law requires, Stripe will attempt to notify you before doing so.

5.5 Assessed Fines.

You (a) are responsible for all Assessed Fines; and (b) must reimburse Stripe for its payment of Assessed Fines, except to the extent the Assessed Fines result from Stripe’s (i) breach of Law, the Agreement, or Financial Services Terms; or (ii) negligence.

6. Termination; Suspension; Survival.

6.1 Termination.
(a) Your Termination. You may terminate this Agreement at any time by closing your Stripe Account. To do so, you must open the account information tab in your account settings, select “close my account” and stop using the Services. If after termination you use the Services again, this Agreement will apply with an Effective Date that is the date on which you first use the Services again. (b) Stripe Termination. Stripe may terminate this Agreement (or any part) or close your Stripe Account at any time for any or no reason (including if any event listed in Sections 6.2(a)–(i) of these General Terms occurs) by notifying you. In addition, Stripe may terminate this Agreement (or relevant part) for cause if Stripe exercises its right to suspend Services (including under Section 6.2 of these General Terms) and does not reinstate the suspended Services within 30 days. (c) Termination for Material Breach. A party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party may choose to terminate only the affected Services. (d) Effect on Other Agreements. Unless stated to the contrary, termination of this Agreement will not affect any other agreement between the parties or their Affiliates.

6.2 Suspension.

Stripe may immediately suspend providing any or all Services to you, and your access to the Stripe Technology, if:
(a) Stripe believes it will violate any Law, Financial Services Terms or Governmental Authority requirement;
(b) a Governmental Authority or a Financial Partner requires or directs Stripe to do so; (c) you do not update in a timely manner your implementation of the Services or Stripe Technology to the latest production version Stripe recommends or requires; 411
(d) you do not respond in a timely manner to Stripe’s request for User Information or do not provide Stripe adequate time to verify and process updated User Information; (e) you breach this Agreement or any other agreement between the parties; (f) you breach any Financial Services Terms;
(g) you enter an Insolvency Event;
(h) Stripe believes that you are engaged in a business, trading practice or other activity that presents an unacceptable risk to Stripe; or
(i) Stripe believes that your use of the Services (i) is or may be harmful to Stripe or any third party; (ii) presents an unacceptable level of credit risk; (iii) increases, or may increase, the rate of fraud that Stripe observes; (iv) degrades, or may degrade, the security, privacy, stability or reliability of the Stripe services, Stripe Technology or any third party’s system (e.g., your involvement in a distributed denial of service attack); (v) enables or facilitates, or may enable or facilitate, illegal or prohibited transactions; or (vi) is or may be unlawful.

6.3 Survival.

The following will survive termination of this Agreement:
(a) provisions that by their nature are intended to survive termination (including Sections 4, 7.2, 9.4, 11, 12 and 13 of these General Terms); and
(b) provisions that allocate risk, or limit or exclude a party’s liability, to the extent necessary to ensure that a party’s potential liability for acts and omissions that occur during the Term remains unchanged after this Agreement terminates.

7. Use Rights.

7.1 Use of Services.

Subject to the terms of this Agreement, Stripe (or its applicable Affiliates) grants you a worldwide, nonexclusive, non-transferable, non-sublicensable, royalty-free license during the Term to access the Documentation, and access and use the Stripe Technology, as long as your access and use is (a) solely as necessary to use the Services; (b) solely for your business purposes; and (c) in compliance with this Agreement and the Documentation.

7.2 Feedback.

During the Term, you and your Affiliates may provide Feedback to a Stripe Entity. You grant, on behalf of yourself and your Affiliates, to Stripe and its Affiliates a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to exploit that Feedback for any purpose, including developing, improving, manufacturing, promoting, selling and maintaining the Stripe services. All Feedback is Stripe’s confidential information.
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7.3 Marks Usage.

Subject to the terms of this Agreement, each party (or its applicable Affiliates) grants to the other party a worldwide, non-exclusive, non-transferable, non-sublicensable (except to its Affiliates), royalty-free license during the Term to use the Marks of the grantor party or its Affiliate solely to identify Stripe as your service provider. Stripe and its applicable Affiliates may use your Marks:
(a) on Stripe webpages and apps that identify Stripe’s customers or users; (b) in Stripe sales/marketing materials and communications; and (c) in connection with promotional activities to which the parties agree in writing.

When using Marks of a Stripe Entity, you must comply with the Stripe Marks Usage Terms and all additional usage terms and guidelines that Stripe provides to you in writing (if any). All goodwill generated from the use of Marks will inure to the sole benefit of the Mark owner.

7.4 No Joint Development; Reservation of Rights.

As between the parties, Stripe, its Affiliates, and its third party licensors own all IP Rights in the Services, the Stripe Technology, the Stripe Marks, the Documentation, and the Stripe Website. Any joint development between the parties of intellectual property will require and be subject to a separate agreement between the parties. Nothing in this Agreement assigns or transfers ownership of any IP Rights to the other party or its Affiliates, or contemplates a joint development of intellectual property. All rights (including IP Rights) not expressly granted in this Agreement are reserved.

8. Privacy and Data Use.

8.1 Privacy Policies.

Each party will make available a Privacy Policy that complies with Law. Stripe’s Privacy Policy explains how and for what purposes Stripe collects, uses, retains, discloses and safeguards the Personal Data you provide to Stripe.

8.2 Disclosures.

When you provide Personal Data to Stripe, or authorize Stripe to collect Personal Data, you must provide all necessary notices to, and obtain all necessary rights and consents from, the applicable individuals (including your Customers) sufficient to enable Stripe to lawfully collect, use, retain and disclose the Personal Data in the ways this Agreement and Stripe’s Privacy Policy describe. You will determine the content of the notices you provide to your Customers.

8.3 Personal Data.

Stripe will Process Personal Data for the purposes described in Section 2 of the Data Processing Agreement. You are responsible for being aware of, and complying with, Law governing your use, storage and disclosure of Personal Data.
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8.4 Data Processing Agreement.

The Data Processing Agreement, including the Data Transfers Addendum, that applies to your use of the Services and transfer of Personal Data, is incorporated into this Agreement by this reference. Each party will comply with the Data Processing Agreement.

8.5 Stripe Data.

You may use the Stripe Data only as this Agreement and other applicable agreements between a Stripe Entity and you (or your Affiliates, if applicable) permit.

8.6 Retention of Data.

Stripe is not obligated to retain data after the Term, except as (a) required by Law; (b) required for Stripe to perform any post-termination obligations; (c) this Agreement otherwise states; or (d) the parties otherwise agree in writing.

8.7 Use of Fraud Signals.

If Stripe provides you with information regarding the possibility or likelihood that a transaction may be fraudulent or that an individual cannot be verified, Stripe may incorporate your subsequent actions and inactions into Stripe’s fraud and verification model, for the purpose of identifying future potential fraud.

Please see the Stripe Privacy Center for more information on Stripe’s collection of end-customer data for this purpose and for guidance on how to notify your Customers.

8.8 Third Party Data You Provide.

If you enable Services or features of Services or functionality that provide Stripe access to data, including Personal Data and Content, from your third party service providers (“Third Party Data”), then you authorize Stripe to access and use the Third Party Data, and you must obtain all necessary rights and consents from the applicable individuals and third parties sufficient to enable Stripe to lawfully collect, use, retain, and disclose the Third Party Data. Stripe will use Third Party Data as this Agreement describes and to (a) secure, provide, and update the Stripe services, (b) comply with Law and Financial Partner requirements, and (c) prevent and mitigate fraud, financial loss, and other harm. You must not provide Protected Health Information to Stripe as part of Third Party Data. You are liable for any disclosure of Protected Health Information to Stripe when you provide access to the Third Party Data.

9. Data Security.

9.1 Controls.

Each party will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect data in its possession or under its control from unauthorized access, accidental loss, and unauthorized modification.

9.2 PCI-DSS.
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Stripe will make reasonable efforts to provide the Services in a manner consistent with PCI-DSS requirements that apply to Stripe.

9.3 Stripe Account Credentials.

You must prevent any Credential Compromise, and otherwise ensure that your Stripe Account is not used or modified by anyone other than you and your representatives. If a Credential Compromise occurs, you must promptly notify and cooperate with Stripe, including by providing information that Stripe requests. Any act or failure to act by Stripe will not diminish your responsibility for Credential Compromises.

9.4 Data Breach.

You must notify Stripe immediately if you become aware of an unauthorized acquisition, modification, disclosure, access to, or loss of Personal Data on your systems.

9.5 Audit Rights.

If Stripe believes that a compromise of data has occurred on your systems, website, or app, Stripe may require you to permit a Stripe approved third-party auditor to audit the security of your systems and facilities. You must fully cooperate with all auditor requests for information or assistance. As between the parties, you are responsible for all costs and expenses associated with these audits. Stripe may share with Financial Services Partners any report the auditor issues.

10. Representations and Warranties.

10.1 Representations and Warranties.

You represent as of the Effective Date, and warrant at all times during the Term, that:
(a) you have the right, power, and ability to enter into and perform under this Agreement; (b) you are a business (which may be a sole proprietor) or a non-profit organization located in the United States and are eligible to apply for a Stripe account and use the Services; (c) you have, and comply with, all necessary rights, consents, licenses, and approvals for the operation of your business and to allow you to access and use the Services in compliance with this Agreement and Law;
(d) your employees, contractors and agents are acting consistently with this Agreement; (e) your use of the Services does not violate or infringe upon any third-party rights, including IP Rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of Content in connection with the Services;
(f) you are authorized to initiate settlements to and debits from the User Bank Accounts; 415
(g) your use of the Services and Stripe Technology, performance of your obligations under this Agreement, and conduct of your business, comply with Law; (h) you comply with the Documentation;
(i) you comply with the Financial Services Terms, and are not engaging in activity that any Financial Partner identifies as damaging to its brand;
(j) you do not use the Services to conduct a Prohibited or Restricted Business, transact with any Prohibited or Restricted Business, or enable any individual or entity (including you) to benefit from any Prohibited or Restricted Business, unless Stripe has pre-approved the respective Prohibited or Restricted Business in writing;
(k) you are the named account holder of each User Bank Account, and each User Bank Account is located in a country Stripe approves you to maintain Bank Accounts; and (l) all information you provide to Stripe, including the User Information, is accurate and complete.

10.2 Scope of Application.

Unless this Agreement states to the contrary elsewhere, the representations and warranties in Sections

10.1 and 15.9 of these General Terms apply generally to your performance under this Agreement.

Additional representations and warranties that apply only to a specific Service may be included in the Services Terms.

11. Indemnity.

11.1 Stripe IP Infringement.
(a) Defense and Indemnification. Stripe will defend you against any IP Claim and indemnify you against all IP Claim Losses.
(b) Limitations. Stripe’s obligations in this Section 11.1 do not apply if the allegations do not specify that the Stripe Technology, Services, or Mark of a Stripe Entity is the basis of the IP Claim, or to the extent the IP Claim or IP Claim Losses arise out of:
(i) the use of the Stripe Technology or Services in combination with software, hardware, data, or processes not provided by Stripe;
(ii) failure to implement, maintain and use the Stripe Technology or Services in accordance with the Documentation and this Agreement;
(iii) your breach of this Agreement; or
(iv) your negligence, fraud or willful misconduct.
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(c) Process. You must promptly notify Stripe of the IP Claim for which you seek indemnification; however, any delay or failure to notify will not relieve Stripe of its obligations under this Section 11, except to the extent Stripe has been prejudiced by the delay or failure. You must give Stripe sole control and authority to defend and settle the IP Claim, but (i) you may participate in the defense and settlement of the IP Claim with counsel of your own choosing at your own expense; and (ii) Stripe will not enter into any settlement that imposes any obligation on you (other than payment of money, which Stripe will pay) without your consent. You must reasonably assist Stripe in defending the IP Claim. (d) Other Stripe Actions. Stripe may in its discretion and at no additional expense to you:
(i) modify the Stripe Technology or Services so that they are no longer claimed to infringe or misappropriate IP Rights of a third party;
(ii) replace the affected Stripe Technology or Services with a non-infringing alternative; (iii) obtain a license for you to continue to use the affected Stripe Technology, Services, or Mark; or (iv) terminate your use of the affected Stripe Technology, Services, or Mark upon 30 days’ notice. (e) Exclusive Remedy. This Section 11.1 states Stripe’s sole liability, and your sole and exclusive right and remedy, for infringement by the Stripe Technology, Services, or Marks of a Stripe Entity, including any IP Claim.

11.2 Your Indemnification Obligations.
(a) Defense. You will defend the Stripe Parties against any Claim made against any of the Stripe Parties to the extent arising out of or relating to:
(i) your breach of any of your representations, warranties or obligations under this Agreement; (ii) your use of the Services, including use of Personal Data; (iii) an allegation that any of the Marks you license to Stripe, or your Content, infringes on or misappropriates the rights, including IP Rights, of the third party making the Claim; or (iv) a User Party’s negligence, willful misconduct or fraud. (b) Indemnification. You will indemnify the Stripe Parties against all Stripe Losses arising out of or relating to Claims described in this Section 11.2.

12. Disclaimer and Limitations on Liability.

The following disclaimer and limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.

12.1 Disclaimer.
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Stripe provides the Services and Stripe Technology “AS IS” and “AS AVAILABLE”. Except as expressly stated as a “warranty” in this Agreement, and to the maximum extent permitted by Law, Stripe does not make any, and expressly disclaims all, express and implied warranties and statutory guarantees with respect to its performance under this Agreement, the Services, Financial Partners, the Stripe Technology, Stripe Data and the Documentation, including as related to availability, the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and the implied warranties arising out of any course of dealing, course of performance or usage in trade. The Stripe Parties are not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to hacking, tampering, or other unauthorized access or use of the Services, your Stripe Account, or Protected Data, or your failure to use or implement anti-fraud or data security measures.

Further, the Stripe Parties are not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to (a) your access to, or use of, the Services in a way that is inconsistent with this Agreement or the Documentation; (b) unauthorized access to servers or infrastructure, or to Stripe Data or Protected Data; (c) Service interruptions or stoppages; (d) bugs, viruses, or other harmful code that may be transmitted to or through the Service (e) errors, inaccuracies, omissions or losses in or to any Protected Data or Stripe Data; (f) Content; or (g) your or another party's defamatory, offensive, fraudulent, or illegal conduct.

12.2 LIMITATIONS ON LIABILITY.
(a) Indirect Damages. To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.
(b) General Damages. To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of Fees you paid to Stripe (excluding all pass-through fees levied by Financial Partners) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.

13. Dispute Resolution; Agreement to Arbitrate.

13.1 Governing Law.

The laws of the state of California will govern this Agreement, without giving effect to its conflict of law principles.

13.2 Binding Arbitration.
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(a) All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s IP Rights (which will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by binding arbitration in San Francisco, California before a single arbitrator. (b) The American Arbitration Association will administrate the arbitration under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.
(c) The arbitrator will apply the substantive law of the State of California and of the United States, excluding their conflict or choice of law rules.
(d) Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
(e) The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.

Notwithstanding the provisions in this Section 13 referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.

13.3 Arbitration Procedure.
(a) A party must notify the other party of its intent to commence arbitration prior to commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least 30 days after the date of the notice. During this time period, the parties will meet for the purpose of resolving the dispute prior to commencing arbitration. (b) Subject to Section 13.3(a) of these General Terms, each party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested. (c) Subject to the disclaimers and limitations of liability stated in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term of this Agreement. The arbitrator will deliver a reasoned, written decision with respect to the dispute to each party, who will promptly act in accordance with the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San 419
Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
(d) In accordance with the AAA Rules, the party initiating the arbitration is responsible for paying the applicable filing fee. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or relating to this Agreement, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

13.4 Confidentiality.

The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) Stripe may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as Law otherwise requires. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as Law requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

13.5 Conflict of Rules.

In the case of a conflict between the provisions of this Section 13 and the AAA Rules, the provisions of this Section 13 will prevail.

13.6 Class Waiver.

To the extent Law permits, any dispute arising out of or relating to this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of this Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.

13.7 No Jury Trial.

If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.

14. Modifications to this Agreement.
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Stripe may modify all or any part of this Agreement at any time by posting a revised version of the modified General Terms (including the introduction to this Agreement and the Definitions), Services Terms or terms incorporated by reference on the Stripe Legal Page or by notifying you. The modified Agreement is effective upon posting or, if Stripe notifies you, as stated in the notice. By continuing to use Services after the effective date of any modification to this Agreement, you agree to be bound by the modified Agreement. It is your responsibility to check the Stripe Legal Page regularly for modifications to this Agreement. Stripe last modified these General Terms on the date listed under the “General Terms” heading, and each set of Services Terms on the date listed under the heading for those terms. Except as this Agreement (including in this Section 14) otherwise allows, this Agreement may not be modified except in writing signed by the parties.

15. General Provisions.

15.1 Electronic Communications.

By accepting this Agreement or using any Service, you consent to electronic communications as described in the E-SIGN Disclosure, which is incorporated into this Agreement by this reference.

15.2 Notices and Communications.
(a) Notices to Stripe. Unless this Agreement states otherwise, for notices to Stripe, you must contact us.

A notice you send to Stripe is deemed to be received when Stripe receives it. (b) Communications to you. In addition to sending you a Communication electronically as Section 15.1 of these General Terms describes, Stripe may send you Communications by physical mail or delivery service to the postal address listed in the applicable Stripe Account. A Communication Stripe sends to you is deemed received by you on the earliest of (i) when posted to the Stripe Website or Stripe Dashboard; (ii) when sent by text message or email; and (iii) three business days after being sent by physical mail or when delivered, if sent by delivery service.

15.3 Legal Process.

Stripe may respond to and comply with any Legal Process that Stripe believes to be valid. Stripe may deliver or hold any funds or, subject to the terms of Stripe’s Privacy Policy, any data as required under the Legal Process, even if you are receiving funds or data on behalf of other parties. Where Law permits, Stripe will notify you of the Legal Process by sending a copy to the email address in the applicable Stripe Account. Stripe is not responsible for any losses, whether direct or indirect, that you may incur as a result of Stripe’s response or compliance with a Legal Process in accordance with this Section 15.3.

15.4 Collection Costs.

You are liable for all costs Stripe incurs during collection of any amounts you owe under this Agreement, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
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15.5 Interpretation.
(a) No provision of this Agreement will be construed against any party on the basis of that party being the drafter.
(b) References to “includes” or “including” not followed by “only” or a similar word mean “includes, without limitation” and “including, without limitation,” respectively. (c) Except where expressly stated otherwise in writing executed between you and Stripe, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. (d) All references in this Agreement to any terms, documents, Law or Financial Services Terms are to those items as they may be amended, supplemented or replaced from time to time. All references to APIs and URLs are references to those APIs and URLs as they may be updated or replaced. (e) The section headings of this Agreement are for convenience only, and have no interpretive value. (f) Unless expressly stated otherwise, any consent or approval that may be given by a party (i) is only effective if given in writing and in advance; and (ii) may be given or withheld in the party’s sole and absolute discretion.
(g) References to “business days” means weekdays on which banks are generally open for business in the country in which Stripe is located. Unless specified as business days, all references in this Agreement to days, months or years mean calendar days, calendar months or calendar years. (h) Unless expressly stated to the contrary, when a party makes a decision or determination under this Agreement, that party has the right to use its sole discretion in making that decision or determination. (i) The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

15.6 Waivers.

To be effective, a waiver must be in writing signed by the waiving party. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that party’s rights to subsequently enforce the provision.

15.7 Force Majeure.

Stripe and its Affiliates will not be liable for any losses, damages, or costs you suffer, or delays in a Stripe Entity's performance or non-performance, to the extent caused by a Force Majeure Event.

15.8 Assignment.

You may not assign or transfer any obligation or benefit under this Agreement without Stripe’s consent.

Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. If you wish to assign this Agreement, please contact us. Stripe may, without your consent, freely assign and 422
transfer this Agreement, including any of its rights or obligations under this Agreement. This Agreement will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assigns.

15.9 Trade Control.

You must not use or otherwise export, re-export or transfer the Stripe Technology except as authorized by United States law and the laws of the jurisdiction(s) in which the Stripe Technology was distributed and obtained, including by providing access to Stripe Technology (a) to any individual or entity ordinarily resident in a High-Risk Jurisdiction; or (b) to any High-Risk Person. By using the Stripe Technology, you represent as of the Effective Date and warrant during the Term that you are not (i) located in or organized under the laws of any High-Risk Jurisdiction; (ii) a High-Risk Person; or (iii) owned 50% or more, or controlled, by individuals and entities (x) located in or, as applicable, organized under the laws of any High-Risk Jurisdiction; or (y) any of whom or which is a High-Risk Person. You must not use the Stripe Technology for any purposes prohibited by Law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

15.10 No Agency.

Each party to this Agreement, and each Financial Partner, is an independent contractor. Nothing in this Agreement serves to establish a partnership, joint venture, or general agency relationship between Stripe and you, or with any Financial Partner. If this Agreement expressly establishes an agency relationship between you as principal and a Stripe Entity as agent, the agency conferred, including your rights as principal and a Stripe Entity's obligations as agent, is limited strictly to the stated appointment and purpose and implies no duty to you, or a Stripe Entity, and will in no event establish an agency relationship for tax purposes.

15.11 Severability.

If any court or Governmental Authority determines a provision of this Agreement is unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provision were not present, and that any partially valid and enforceable provision be enforced to the extent that it is enforceable.

15.12 Cumulative Rights; Injunctions.

The rights and remedies of the parties under this Agreement are cumulative, and each party may exercise any of its rights and enforce any of its remedies under this Agreement, along with all other rights and remedies available to it at law, in equity or under the Financial Services Terms. Any material breach by a party of Section 7 or Section 8 of these General Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for the breach.

15.13 Entire Agreement.

This Agreement constitutes the entire agreement and understanding of the parties with respect to the Services, and supersedes all prior and contemporaneous agreements and understandings. 423
Definitions
“AAA Rules” means the American Arbitration Association’s Commercial Arbitration Rules as described in Section 13.2(b) of the General Terms.
“ACH Network” means the automated clearinghouse payment network that the member organizations of Nacha control and manage.
“Acquirer Terms” means the terms that a Payment Method Acquirer has specified that apply to that Payment Method Acquirer’s services, located on or accessible from the Stripe Legal Page. “Activity” means any action taken on or related to a Connected Account's Stripe account that a Stripe Connect Platform or a Connected Account initiates, submits or performs, either through the Stripe Technology or through the Stripe Connect Services, including communication regarding the Services as related to that Connected Account.
“Advanced Fraud Tools Data” means Authorization Risk Scores, Card Testing Risk Levels, Merchant Dispute Rates, Fraud Disputability Assessments, Compromised Card Alerts, and all other data you receive through the Advanced Fraud Tools Services.
“Advanced Fraud Tools Services” means the Services that are designed to enable you to detect and evaluate the risk that a Card Transaction authorization or other related activity is fraudulent, and may, at your option, include:
(a) access to an Authorization Risk Score, Card Testing Risk Level, Merchant Dispute Rate, and Fraud Disputability Assessment for each Card Transaction authorization; (b) Compromised Card Alerts for potentially compromised Cards; (c) access to additional data, analytics, and indicators of fraud via the Stripe API and Stripe Dashboard, including Card Transaction authorization risk characteristic reports, anomalous spend alerts, and other supplemental fraud and risk data;
(d) access to SMS fraud alert verifications; and
(e) access to other fraud detection features and capabilities that Stripe may make available to you. “Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity.
“AML and Sanctions Law” means all applicable anti-money laundering and sanctions laws, rules, regulations and other binding requirements of any regulator or other governmental agency or entity with jurisdiction in the United States, or with jurisdiction over the Stripe Vault and Forward Services, Stripe or its Affiliates, you or your Affiliates, or a Third Party PSP, as applicable. “API” means application programming interface.
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“Apps on Devices” means the application management and distribution service and developer tools provided by Stripe that enable you to deploy Stripe Apps on Stripe Terminal Products. “Assessed Fines” means assessments, penalties, fines, and fees imposed by Governmental Authorities or Financial Partners arising out of or relating to your use of the Services. “Authorized Purpose” means the purpose approved by Stripe under Section 2.1 of the Stripe Financial Connections Terms for which you may collect, use, disclose and process Connections Data. “Authorization Risk Score” means a risk score or level associated with a Card Transaction authorization based on Stripe Data, including the Merchant Dispute Rate and the Card Testing Risk Level. “Available Spend” has the meaning given to it in the applicable Issuing Bank Terms. “Available Treasury Balance” means the amount of funds that is available to be transferred or paid out of a Financial Account.
“Beneficiary” means a business entity (i.e., not a natural person) that is an intended beneficiary of a Retirement or Retirement Services.
“Carbon Removal Unit,” or “CRU,” means a specified amount of carbon dioxide removed from the atmosphere that is acquired via Offtake Agreements. CRUs may be either a full or a partial ton. “Card” has the meaning given to it in the applicable Issuing Bank Terms. “Card Network” means a payment card network, including the network operated by each of Visa, Mastercard, American Express and Discover.
“Card Network Rules” means the Payment Method Rules published by a Card Network. “Card Testing Attack” means repeated fraudulent tests of card account numbers until a valid card account number is found.
“Card Testing Risk Level” means the level assigned to a Card Transaction authorization that represents the likelihood the Card Transaction authorization is or will be impacted by Card Testing Attacks. “Card Transaction” has the meaning given in the applicable Issuing Bank Terms. “CCPA” means California Consumer Privacy Act of 2018, Cal. Civ. Code Sections 1798.100-1798.199. “Change of Control” means (a) an event in which any third party or group acting together, directly or indirectly, acquires or becomes the beneficial owner of, more than 50% of a party’s voting securities or interests; (b) a party’s merger with one or more third parties; (c) a party’s sale, lease, transfer or other disposal of all or substantially all of its assets; or (d) entry into any transaction or arrangement that would have the same or similar effect as a transaction referred to in (a)-(c) of this definition; but, does not include an initial public offering or listing.
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“Claim” means any claim, demand, government investigation or legal proceeding made or brought by a third party.
“Climate API” means the application programming interfaces that facilitate your selection of Retirement Services and any associated CRUs, and the sample code, instructions, requirements, and other guidelines as described in the Documentation.
“Climate Project” means a climate project that Stripe funds. "Communication” means any written or electronic transmission of information or communication, including a notice, approval, consent, authorization, agreement, disclosure or instruction. “Compromised Card Alert” means a notification that a Card may have been compromised by a Card Testing Attack.
“Connected Account” means (a) a Platform User that has a Stripe account onboarded to a Stripe Connect Platform via the Stripe Connect Services; or (b) a Payout Recipient. “Connected Account Agreement” means the agreement with Stripe that applies to Connected Accounts (except Payout Recipients), which is accessible on the Stripe Legal Page for the Connected Account's jurisdiction.
“Connected Account Data” means data about Connected Accounts and Activity, which may include Protected Data and Stripe Data.
“Connections Data” means data associated with a Connections End User’s financial account that Stripe provides to you through the Stripe Financial Connections Services, which may include account and routing numbers, account ownership information, account balance, and account transactions, from Data Sources.
“Connections End User” means an End User whose Connections Data you request to access, collect, use, and process in connection with the Stripe Financial Connections Services. “Content” means all text, images, and other content that Stripe does not provide to you and that you upload, publish or use in connection with the Services. “Control” means direct or indirect ownership of more than 50% of the voting power or equity in an entity.
“Credential Compromise” means an unauthorized access, disclosure or use of your Stripe Account credentials, which includes Stripe API keys.
“Custodial Account” means a custodial account that SPC maintains, in its name, at the Treasury Bank, for the benefit of all accountholders using the Stripe Treasury Services. “Custom Account” means a Connected Account enrolled as a Custom account, as described in the Documentation.
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“Customer” means an entity or individual who owes payment to you in exchange for you providing goods or services (including charitable services).
“Cut-Off Time” means the time on a business day by which SPC must receive an instruction or Financial Account Transaction request from a Stripe Treasury Accountholder in order to process that instruction or request on the same day.
“Data Source” means an entity that provides financial account information to Stripe. “Data Processing Agreement” means the data processing agreement located at www.stripe.com/legal/dpa.
“Data Warehouse” means a data storage solution listed on the Stripe Website that you select. “Dispute” means an instruction a Customer initiates to reverse or invalidate a processed Transaction (including “chargebacks” and “disputes” as those terms may be used by Payment Method Providers). “Disputes API Form” means an electronic form that enables you and your Connected Accounts to submit Card Transaction disputes to Stripe.
“Documentation” means the sample code, instructions, requirements and other documentation (a) available on the Stripe Website, the first page of which is located at www.stripe.com/docs; and (b) included in the Stripe SDKs.
"DP Law" has the meaning given to it in the Data Processing Agreement. “Due Diligence Requirements” means requirements imposed by Law that govern, are related to, or are similar to Anti-Money Laundering (AML), Know Your Customer (KYC), Know Your Business (KYB) and Customer Due Diligence (CDD).
“End User” has the meaning given to it in Stripe’s Privacy Policy. “End User Rights” means the data privacy rights afforded to End Users under DP Law. “End User Service” has the meaning given to it in the Stripe End User Terms. “Entry” has the meaning given to it in the Nacha Operating Rules. “ERISA” means the Employee Retirement Income Security Act of 1974, 29 U.S.C. Chapt. 18. “Express Account” means a Connected Account enrolled as an Express account, as described in the Documentation.
“Express Consent” means a Connections End User’s express, informed opt-in consent to your collection, use, disclosure, and processing of that Connections End User’s Connections Data for the Authorized Purpose.
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“Express Consent UI” means the user interface, including the text and consent mechanism included on that user interface, through which you obtain Express Consents. “FCRA” means Fair Credit Reporting Act, 15 U.S.C. Section 1681, et seq. and Equal Credit Opportunity Act, 15 U.S.C. Section 1681, et seq.
“FDIC” means Federal Deposit Insurance Corporation.
“FDIC Insurance” means deposit insurance that covers certain types of accounts at FDIC-insured banks. “Feedback” means ideas, suggestions, comments, observations and other input you provide to Stripe regarding Stripe services and the Stripe Technology.
“Fees” means the fees and charges applicable to the Services. “Financial Account” means the virtual prepaid access account that SPC or its Affiliates creates for a Stripe Treasury Accountholder as part of the Stripe Treasury Services. “Financial Account Transaction” means an Entry or other transaction in a Financial Account that adds to or subtracts from the Available Treasury Balance.
“Financial Institution” has the meaning given to it in the GLBA. “Financial Partner” means an entity that provides financial services and with which a Stripe Entity interacts to provide the Services.
“Financial Services Terms” means (a) the rules and terms a Financial Partner specifies that apply to that entity’s services; and (b) the PCI Standards.
“Force Majeure Event” means an event beyond the control of a Stripe Entity, including (a) a strike or other labor dispute or labor shortage, stoppage or slowdown; (b) supply chain disruption; (c) embargo or blockade; (d) telecommunication breakdown, power outage or shortage; (e) inadequate transportation service or inability or delay in obtaining adequate supplies; (f) weather, earthquake, fire, flood, natural disaster or act of God; (g) riot, civil disorder, war, invasion, hostility (whether war is declared or not) or terrorism threat or act; (h) civil or government calamity; (i) epidemic, pandemic, state, national or international health crisis; and (j) Law or act of a Governmental Authority. “Forwarded Data” means payment card and transaction-related data that you forward using the Stripe Vault and Forward Services, including payment card transaction authorization and charge requests. “Fraud Disputability Assessment” means, with respect to a Card Transaction authorization, an assessment of the likelihood that the Card Transaction authorization can be disputed in the event of fraud.
“Frontier Marketing Collateral” means the marketing and promotional materials and other ancillary documents developed for the purpose of promoting Stripe Climate Orders. 428
“Frontier Webpage” means https://www.frontierclimate.com, as updated from time to time. “GDPR” means General Data Protection Regulation (EU) 2016/679. “GLBA” means Gramm-Leach Bliley Act, 15 U.S.C. Sections 6802-6809. “Governmental Authority” means a regulator or other governmental agency or entity with jurisdiction over the Services, Stripe or you, as applicable.
“High-Risk Jurisdiction” means any jurisdiction or administrative region that Stripe has deemed to be of particularly high risk, as identified in Stripe's Prohibited and Restricted Business List. “High-Risk Person” means any individual or entity that Stripe has deemed to be of particularly high risk, as identified in Stripe's Prohibited and Restricted Business List. “Hold” means a restriction on the availability of funds in a Financial Account that a Stripe Entity places as a result of delayed funds availability, Legal Process or other reason. “Identity Services Data” means any Stripe Data you receive from Stripe in connection with the Stripe Identity Services.
“ID Image” means an image of an individual submitted through the Stripe Identity Services, including an image captured from an individual’s identification document. “Insolvency Event” means the occurrence of any of the following (or any analogous procedure or step):
(a) as defined by Law, you are unable (or deemed to be unable) to pay your debts; (b) you are the subject of a petition, resolution, order or any other step in relation to winding up, bankruptcy or equivalent proceedings;
(c) you stop, or threaten to stop, carrying on all or part of your business (except for the purposes of an amalgamation, reconstruction or reorganization);
(d) you enter into a compulsory or voluntary liquidation, or a liquidator is appointed in relation to you or any of your assets;
(e) you are the subject of a petition for an administration order or an application for such an order, or a notice of intention to appoint an administrator to you is given, or any other step is taken by any individual or entity with a view to the administration of you under Law; (f) a moratorium is agreed or declared with respect to all or part of your debts; (g) you enter, or propose to enter, into any compromise or arrangement of your debts with or for the benefit of some or all of your creditors generally, or in respect of a particular type of your debts; (h) you begin proceedings or negotiations, or propose or agree, to reschedule, readjust or defer your debts;
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(i) a liquidator, receiver, administrative receiver, administrator, manager or other similar officer is appointed in respect of the whole or any part of your assets; (j) an enforcement of any security over, or an execution, attachment, lien, levy, distress or similar procedure is levied against, any of your assets;
(k) any legal proceeding, corporate action or other procedure or step is taken in connection with appointing an administrator, administrative receiver, receiver, liquidator, manager, trustee in bankruptcy or other similar officer in relation to you or any of your assets; or (l) where any User Entity or shareholder of a User Entity is subject to any of the events listed in this definition.
“IP Claim” means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.
“IP Claim Losses” means (a) all amounts finally awarded to the third party making an IP Claim; and (b) all amounts paid to a third party to settle an IP Claim under an agreement approved by Stripe. “IP Rights” means all copyrights, patents, trademarks, service marks, trade secrets, moral rights and other intellectual property rights recognized anywhere in the world. “IRS” means Internal Revenue Service.
“IRS Code” means Internal Revenue Code, 26 U.S.C. Title 26. “IRS Form 1099 Services” means the Services where Stripe generates copies of IRS Form 1099 with respect to Transactions on Custom Accounts, Express Accounts, and Connected Accounts with Platform Pricing Control, delivers recipient copies of IRS Form 1099 to the applicable Connected Accounts, and files electronic copies of IRS Form 1099 with the applicable Governmental Authorities (e.g., state or federal tax authorities), to the extent stated in the Documentation. “Issuing Authorized User” has the meaning given to it in the applicable Issuing Bank Terms. “Issuing Bank” means the Financial Partner, identified in the Issuing Bank Terms for the applicable Stripe Issuing Program, that issues a Card.
“Issuing Bank Terms” means the applicable Issuing Bank’s Financial Services Terms that govern your participation in the applicable Stripe Issuing Program. “Issuing Complaint” means any expression of dissatisfaction with a product, service, policy, or employee related to a Stripe Issuing Program.
“Law” means all applicable laws, rules, regulations and other binding requirements of any Governmental Authority.
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“Legal Process” means a writ of attachment, lien, levy, subpoena, warrant, or other legal order. “Mark” means a trademark, service mark, design mark, logo or stylized script. “Merchant Dispute Rate” means an assessment of the historical dispute rate of a merchant’s Transactions for the time period during which Stripe has provided Stripe Payments Services to that merchant.
“Merchant Initiated Transaction” means a Transaction or a series of Transactions that you initiate according to an authorization (i.e., mandate) that you receive from a Customer that authorizes you to initiate the Transaction(s) on the agreed terms, without requiring the Customer to take any further action to trigger their initiation by you.
“Merchant Losses” means negative amounts on a Connected Account’s Stripe account balance resulting from Transactions, Disputes, Refunds, and Reversals (as defined in the Stripe Payments Terms) where the Connected Account is the settlement merchant.
“MOTO Transaction” means a Transaction that you initiate through a mail order or over the telephone. “Multi-Currency Processing” means the ability to have funds settled to a User Bank Account in a currency different from the one in which you accepted payment from a Customer. “Nacha” means the National Automated Clearinghouse Association. “Nacha Operating Rules” means the rules Nacha publishes that govern automated clearing house transactions on the ACH Network, located at www.nachaoperatingrulesonline.org. “Offtake Agreement” means a legally binding contract to buy future tons of carbon dioxide removal at an agreed price if and when delivered.
“On-Reader Forms” means functionality that allows you to display pre-built user interfaces on Stripe Terminal Product reader device screens that may be used to (a) display customized text to your Customers, (b) solicit Customer selection from buttons displaying customized text, or (c) collect and store Customer input text information and signature images.
“Originator” has the meaning given to it in the Nacha Operating Rules. “Paris Agreement” means the Paris Agreement to the United Nations Framework Convention on Climate Change, U.N. Doc. FCCC/CP/2015/L.9/Rev/1 (Dec. 12, 2015). “Payment Account Details” means the Payment Method account details for a Customer that the PCI Standards require to be protected, which may include the Customer’s name, and with respect to credit and debit cards, the Customer’s account number, card expiration date, and card verification value or similar security code.
“Payment Method” means a payment method that Stripe accepts as part of the Stripe Payments Services (e.g., a Visa credit card, Klarna).
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“Payment Method Acquirer” means an entity that a Payment Method Provider has authorized to (a) sponsor or submit Transactions at the request of merchants to the Payment Method Provider for authorization and clearing; and (b) receive and remit settlement funds for authorized and cleared Transactions.
“Payment Method Provider” means the provider of a Payment Method (e.g., Visa Inc., Klarna Bank AB). “Payment Method Rules” means the publicly available guidelines, bylaws, rules and regulations a Payment Method Provider imposes that describe how a Payment Method may be accepted and used. “Payment Method Terms” means terms that apply to your acceptance and use of a Payment Method, located on or accessible from the Stripe Website, including on the Stripe Legal Page, and which as of the Effective Date are described on that page as “Payment Method Terms.” “Payout Delay” means a delay to the Payout Schedule caused by (a) the unavailability of a Financial Partner, Governmental Authority, telecommunications provider or internet service provider; (b) incorrect information, such as a bank account number, provided to Stripe; (c) your equipment, software, or other technology; (d) a delay or failure of a Financial Partner to settle a Transaction to Stripe, including as a result of a Financial Partner’s default, insolvency, or bankruptcy; or (e) a Force Majeure Event. “Payout Recipient” means a third-party recipient to which Stripe enables you to make payouts via the Stripe Connect Services.
“Payout Schedule” means the schedule available in the Stripe Dashboard that shows the number of business days following the Transaction date that it takes for Stripe to initiate transfer of Transaction settlement funds to a User Bank Account.
“Payment Source” has the meaning given to it in the applicable Issuing Bank Terms. “PCI-DSS” means the Payment Card Industry Data Security Standards. “PCI Standards” means PCI-DSS and Payment Card Industry Software Security Framework (PCI-SSF), including successor standards (if any).
“Personal Data” means any information relating to an identifiable natural person that is Processed (as defined in the Data Processing Agreement) in connection with the Services, and includes “personal data” as defined in the GDPR and “personal information” as defined in the CCPA. “Platform Fees” means the fees you direct Stripe to charge your Connected Accounts for the Connected Accounts’ use of your Platform Services.
“Platform Pricing Control” means the Connected Account attribute that enables you to determine, to the extent stated in the Documentation, the fees that apply with respect to the Connected Account. “Platform Provider” means the platform that gives you access to the Stripe Issuing Program (if you are a Connected Account or if you otherwise access the Stripe Issuing Program through a platform). 432
“Platform Provider Agreement” means, collectively, the agreements that a Stripe Connect Platform has with its Connected Accounts.
“Platform Services” means the products and services that Platform Users receive from a Stripe Connect Platform, regardless of whether fees are charged (e.g., web development, customer support or hosting services).
“Platform User” means, where you are acting as a Stripe Connect Platform, a user of your platform. “Pooled Account” means a pooled account to which Transaction settlement funds are credited. “Post-SMR Transition Period” means the period starting when you initiate the first Transaction for any transitioning Platform User on a Connected Account type that does not enable Stripe Managed Risk Services until the earlier of when (i) you have initiated a Transaction for every Platform User on the Connected Account to which they are transitioning; and (ii) all SMR-Enabled Connected Accounts are closed.
“Preview” means the product release phase “proof of concept,” “beta,” “pilot,” “invite only,” “private preview,” “private developer preview,” “public preview,” “developer preview,” or similar designation. “Preview Service” means any Preview feature or portion of the Services or Stripe Technology. “Principal Owner” means, with respect to a legal entity, an individual who directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise, owns at least 25% of the equity interests of the legal entity.
“Privacy Policy” means any or all of a publicly posted privacy policy, privacy notice, data policy, cookies policy, cookies notice or other similar public policy or public notice that addresses a party’s Personal Data practices and commitments.
“Professional Services Data Sheet” means the document referenced in the Professional Services Order Form containing a detailed description of the Stripe Professional Services. “Professional Services Expenses” means costs and expenses Stripe and its subcontractors incur in connection with the delivery of the Stripe Professional Services. “Professional Services Fees” means the fees for the Stripe Professional Services stated in a Professional Services Order Form.
“Professional Services Order Form” means an order form for Stripe Professional Services executed between you and Stripe.
“Prohibited or Restricted Business” means any category of business or business practice for which a Service cannot be used or its use is limited (as applicable), as identified in Stripe's Prohibited and Restricted Business List for the applicable Service and jurisdiction of your Stripe Account. 433
“Protected Data” means (a) all User Information that you provide to Stripe; and (b) any Personal Data that Stripe uses when acting as a “Data Processor” (as defined in the Data Processing Agreement) when providing the Services.
“Protected Health Information” has the meaning given to the term “protected health information” in 45 CFR §§164.501 and 160.103.
“Purchaser” means a user that purchases Retirement Services. “Radar Score” means a numerical risk score or level associated with a Transaction or other related activity that the Stripe Radar Services provides.
“Refund” means an instruction you initiate to provide a full or partial return of funds to a Customer for a processed Transaction.
“Registry” means any carbon offset registry or system that tracks the Retirement of a CRU. “Representative” means an individual submitting your application for a Stripe Account. “Reserve” means funds described as such by Stripe, which Stripe holds as security against liabilities you incur under this Agreement.
“Retire” or “Retirement” means the permanent removal of a specified CRU from all applicable carbon markets. Retirement may be further governed by the rules of a Registry. “Retirement Services” means all actions taken to Retire a CRU in the selected Retirement Year. “Retirement Year” means the year you select, either via the Climate API or in the Dashboard, for a CRU to be Retired.
“Reversal” means the reversal of the settlement of funds for a Transaction. “Sanctioned Persons” means people or entities that are subject to sanctions (e.g., prohibitions or asset freezes) under AML and Sanctions Law, including if they are (a) on an applicable sanctions list, such as the sanctions lists identified by the United States Office of Foreign Asset Control and the European Commission; (b) owned or controlled by a person on an applicable sanctions list; or (c) ordinarily resident in a jurisdiction identified as high risk in Stripe's Prohibited and Restricted Business List. “Security Credentials” means your (or if applicable, your Affiliate’s) API license keys and other security credentials for Third Party PSPs.
“Selfie Verification” means the verification of an ID Image using biometric identifiers and facial recognition technology.
“Service” means a service Stripe (or its Affiliate, as applicable) makes available to you under this Agreement.
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“Services Terms” means terms in this Agreement that apply to particular Stripe services (e.g., Stripe Payments Terms).
“SDP Data” means data Stripe transfers from your Stripe Account to a Data Warehouse. “SMR-Enabled Connected Account” means a Connected Account on which Stripe is providing Stripe Managed Risk Services.
“SPC” means Stripe Payments Company, which is a Stripe Affiliate. “Standard Account” means a Connected Account enrolled as a Standard account, as described in the Documentation.
“Stripe Account” means your Stripe account.
“Stripe API” means all instances of the Stripe application programming interfaces, including all endpoints that enable Stripe users to use Stripe services.
“Stripe App” has the meaning given to that term in the Stripe Apps Developer Agreement. “Stripe Climate Commitment” means a suite of features Stripe provides that are designed to enable you to create and run your own corporate climate program.
“Stripe Climate Commitment Funds” means the amount you choose to voluntarily allocate to Climate Projects through Stripe Climate, as a percentage of your revenue or a flat monthly amount, or another method of calculation Stripe accepts.
“Stripe Climate Orders” means (a) the Retirement Services offered to you; (b) access to the Climate API and the Climate Orders portion of the Dashboard; (c) access to the Frontier Marketing Collateral; and (d) all other services provided by Frontier and its Affiliates to facilitate the purchase or the provision of, as applicable, the foregoing, including the integration with the payment processing services provided by Stripe.
“Stripe Connect Platform” means a platform provider that uses the Stripe Connect Services. “Stripe Connect Services” means (a) if you are a Stripe Connect Platform, the Services that enable you to create and manage Stripe accounts connected to your platform, as described in the Documentation; or (b) if you are a Connected Account, the Services described in the Connected Account Agreement. “Stripe Dashboard” means the interactive user interface through which a Stripe user may view information about and manage a Stripe account.
“Stripe Data” means data that you obtain via the Services, including (a) information relating to Stripe API interactions via the Stripe Technology; (b) information Stripe uses for security or fraud prevention; and (c) all aggregated information Stripe generates from the Services. 435
“Stripe Data Pipeline Services” means the Services that enable Stripe to transfer data from your Stripe Account to the Data Warehouse, as described on the Stripe Website. “Stripe End User Terms” means the terms that apply to an End User’s use of Stripe’s End User Services located at www.stripe.com/legal/end-users.
“Stripe Entity” means Stripe or any of its Affiliates.
“Stripe Financial Connections Services” means the Services that enable you to verify End User financial accounts and the option to receive Connections Data.
“Stripe Identity Services” means the Services that enable Stripe to collect and verify, and Stripe and you to store, information regarding individuals for the purpose of verifying the identity of those individuals. “Stripe Identity Services Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email and the Stripe Dashboard), relating to the Stripe Identity Services.
“Stripe Issuing Account” means the account an Issuing Bank maintains for a Stripe Issuing Accountholder, and each subaccount to that account.
“Stripe Issuing Accountholder” means a business or organization that has successfully completed the onboarding requirements described in the Stripe Issuing Accountholder Terms and been approved for a Stripe Issuing Account.
“Stripe Issuing Accountholder Services” means Services that Stripe and its Affiliates make available to Stripe Issuing Accountholders, on behalf of Issuing Banks, and related Stripe services, including (a) integration with Issuing Banks; (b) providing Stripe Issuing Accountholders with access to Cards; (c) enabling Stripe Issuing Accountholders to manage Card spend; and (d) other services described in the Stripe Issuing Accountholder Terms.
“Stripe Issuing Administrator” means the individual that a Stripe Issuing Accountholder appoints to manage its participation in the Stripe Issuing Programs. “Stripe Issuing Platform Services” means the Services that allow you to co-market the Stripe Issuing Accountholder Services to your Platform Users and provide access to the Stripe Issuing Accountholder Services to Stripe Issuing Accountholders.
“Stripe Issuing Program” means Card issuing services that the applicable Issuing Bank provides under the applicable Issuing Bank Terms, together with the Stripe Issuing Accountholder Services. “Stripe Issuing Program Guidelines” means all product design, marketing, compliance, reporting, and other guidelines and requirements Stripe and the applicable Issuing Banks establish related to the Stripe Issuing Services, as updated from time to time.
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“Stripe Issuing Program Territory” means the Territory, as that term is defined in the applicable Issuing Bank Terms.
“Stripe Legal Page” means www.stripe.com/[countrycode]/legal, where “[countrycode]” means the twoletter abbreviation for the country where a Stripe Account is located. “Stripe Losses” means all amounts awarded to the third party making a Claim, and all penalties, fines, and third-party costs (including legal fees) paid by the Stripe Parties. “Stripe Managed Risk Services” means the Services that enable Stripe to assume liability for Merchant Losses as described in the Stripe Connect Terms, and perform accompanying risk-related support services.
“Stripe Parties” means Stripe and its Affiliates, and the directors, employees and agents of each Stripe Entity.
“Stripe Payments Services” means the Services that enable you to accept and refund Customer payments, perform related financial transactions, and manage Customer disputes. “Stripe Pricing Page” means www.stripe.com/[countrycode]/pricing, where “[countrycode]” means the two-letter abbreviation for the country where a Stripe Account is located, and any other pages on the Stripe Website linked from that page.
“Stripe Professional Services” means the advisory and consulting services provided by Stripe or its subcontractors as described on the Professional Services Order Form, Professional Services Data Sheet and Stripe Website.
“Stripe Radar Data” means the Radar Scores and other data you receive through the Stripe Radar Services.
“Stripe Radar Services” means the Services that are designed to enable you to detect and evaluate the risk that a Transaction or other related activity is fraudulent. “Stripe Recipient Notice” means the notice containing relevant information for Payout Recipients, which is accessible in the Documentation for the Payout Recipient’s jurisdiction. “Stripe SDK” means a software development kit listed on www.github.com/stripe. “Stripe Tax Data” means data and reporting you receive through the Stripe Tax Services. “Stripe Tax Services” means the Services that are designed to enable you to determine and calculate the amount, if any, of certain Taxes due in connection with your sale of goods or provision of services to Customers.
“Stripe Technology” means all hardware, software (including software in the Stripe SDKs), application programming interfaces (including the Stripe API), user interfaces (including the Stripe Dashboard), and other technology that Stripe uses to provide and make available the Stripe services. 437
“Stripe Terminal Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email), relating to the Stripe Terminal Services, Stripe Terminal Software or Stripe Terminal Products.
“Stripe Terminal Product” means a device, instrument, piece of equipment or other hardware that (a) a Stripe Entity or a third-party distributor or reseller authorized by a Stripe Entity supplies to you, which may be a physical Point of Sale (POS) device, accessory, component, or spare part, and the Terminal Device Software installed on that hardware product; or (b) Stripe approves for use to access the Stripe Terminal Services or the Stripe Technology, or to operate the Stripe Terminal Software. “Stripe Terminal Services” means the Stripe Payments Services for Transactions processed using a Stripe Terminal Product, together with related services and features as described in the Stripe Terminal Documentation and on the Stripe Website.
“Stripe Terminal Software” means the Terminal Device Software and Terminal SDK. “Stripe Treasury Accountholder” means a Connected Account, or Stripe Connect Platform using the Stripe Treasury Services for your own business purpose, who has successfully completed the onboarding requirements described in the Stripe Treasury Platform Terms. “Stripe Treasury Account Information” means Personal Data or business information that a Stripe Connect Platform provides on behalf of its Connected Accounts to enable Stripe and its Affiliates to (a) determine the Connected Accounts’ eligibility to access the Stripe Treasury Services; (b) make the Stripe Treasury Services available to Stripe Treasury Accountholders; and (c) fulfill their responsibilities to applicable Treasury Banks and Treasury Transfer Networks. “Stripe Treasury Dashboard” means a user interface a Stripe Connect Platform provides that enables a Stripe Treasury Accountholder to manage its Financial Account. “Stripe Treasury Product Guidelines” means all product design, marketing, compliance, reporting and other guidelines and requirements established by a Stripe Entity or the applicable Treasury Banks from time to time in connection with the Stripe Treasury Services. “Stripe Treasury Services” means the Services that enable a Stripe Treasury Accountholder to create and maintain a Financial Account where the Stripe Treasury Accountholder can (a) store, spend, and manage funds; and (b) make electronic payments and funds transfers to and from that account. “Stripe Treasury Territory” means the United States and Puerto Rico. “Submitted Data” means all data, information, photos, ID Images, and documents (including copies of documents) submitted through the Stripe Identity Services. “Submitted Individual” means an individual whose Verification Data is submitted through the Stripe Identity Services.
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“Sub-users” means the users of your or your Affiliate’s platform services that the applicable user entity has enabled to accept card payments.
“Stripe Website” means www.stripe.com.
“Tax” or “Taxes” means any applicable taxes and duties imposed by any Governmental Authority, including sales and use tax, excise tax, gross receipts tax, value-added tax (VAT), goods and services tax (GST) (or equivalent transaction taxes) and withholding tax. “Tax Information Report” means a required tax information return or report, including IRS Form 1099, or any other similar form.
“Terminal Device EULA” means the Terminal Device Software License Agreement for end users, the terms of which are incorporated into this Agreement by this reference. “Terminal Device Software” has the meaning given to it in the Terminal Device EULA. “Terminal Purchase Terms” means the agreement under which a Stripe Entity supplies the Stripe Terminal Products that you are using.
“Terminal SDK” means the software code that is Stripe Technology and is distributed under the MIT license, test environment, and associated documentation, as described in the Stripe Terminal Documentation and which Stripe makes available at https://github.com/stripe, including iOS, Android and JavaScript versions, and including all Updates.
“Third Party PSP” means a third-party card payment services provider to you or your Affiliate (such as a provider of payments processing, payments orchestration services, or token management services) to whom you directly or indirectly route Forwarded Data.
“Third-Party Service” means a service, product, or promotion provided by a third party that utilizes, integrates with or is ancillary to the Services.
“Transaction” means a Payment Method transaction request initiated via the Stripe Technology through which Stripe is directed to capture funds for or from a payer’s associated account with respect to a payment from a Customer to you, and includes the authorization, settlement and if applicable, Disputes, Refunds and Reversals with respect to that Payment Method transaction request. "Treasury Authorized User" means an individual that a Stripe Treasury Accountholder authorizes to use the Stripe Treasury Services.
“Treasury Bank” means a bank insured by the Federal Deposit Insurance Corporation through which a Stripe Entity holds Stripe Treasury Accountholder funds. “Treasury Regulatory Requirements” means Law, the rules of the Treasury Transfer Networks and the PCI Standards.
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“Treasury Transfer Networks” means the electronic funds transfer networks the Stripe Treasury Services uses, including the ACH Network, credit card networks, and debit card networks. “Update” means a modification, feature enhancement or update to the Services or Stripe Technology that requires you to take some action, which may include changing your implementation of the Services or Stripe Technology.
“User Affiliate Reserve” means funds described as a reserve by Stripe, which a Stripe Entity holds as security against liabilities that any User Entity incurs under its agreement with a Stripe Entity. “User Bank Account” means a bank or other financial institution account you identify to Stripe. “User Compliance Information” means information about you that Stripe requires to comply with Law, and Governmental Authority and Financial Partner requirements, and may include information (including Personal Data) about your representatives, beneficial owners, principals and other individuals associated with you or your Stripe Account.
“User Financial Information” means (a) information about you that Stripe requires to assess your business and financial condition and outstanding credit exposure, including financial statements (and, where applicable, unaudited management accounts including a profit and loss account, balance sheet and cash-flow statement) and supporting documentation (including bank statements); (b) information and supporting documentation to enable Stripe to calculate your risk of loss; and (c) all other information Stripe requests to assess your risk and ability to perform your obligations under this Agreement.
“User Group” means (a) you; (b) any entity or individual that Stripe reasonably determines is associated with you; and (c) each of your and their Affiliates that has entered into an agreement with a Stripe Entity under which a Stripe Entity provides services.
“User Entity” means an individual or entity that is part of the User Group (including you). “User Information” means User Compliance Information and User Financial Information. “User Materials” means (a) all Mark or other materials that you or a Stripe Issuing Accountholder wish to place on Cards; or (b) all other materials that you provide to Stripe for the purposes of the Stripe Issuing Programs.
“User Party” means you, your Affiliate, or a director, employee or agent of you or your Affiliate. 440

1. Stripe Payments Services.

These terms (“Stripe Payments Terms”) supplement the General Terms and govern your use of the Stripe Payments Services.

2. Your Business.

You are solely responsible for the nature and quality of the goods and services you provide (or if you accept donations, the intended use of those donations), and for Transaction receipts, delivery, support, refunds, returns, and for all other ancillary services you provide to Customers. You are solely responsible for verifying each Customer’s identity, determining a Customer’s eligibility and authority to complete a Transaction, and all other issues related to your goods and services and business activities.

3. Payment Methods and Transactions.

3.1 Acceptance and Use Requirements.

As part of the Stripe Payments Services, you may accept payment from Customers using various Payment Methods by submitting Transactions to Stripe through the Stripe Technology. All Payment Methods have specific requirements for their acceptance and use. These requirements may be incorporated into the Stripe API and other Stripe Technology, and may be described in the Documentation, the Payment Method Rules and Payment Method Terms. You must comply with all of these acceptance and use requirements.

3.2 Payment Method Rules and Payment Method Terms.

Your acceptance and use of a Payment Method may be subject to Payment Method Rules, Payment Method Terms, or both. Using the Stripe Payments Services to accept a Payment Method or submit a Transaction constitutes your acceptance of the applicable Payment Method Rules and Payment Method Terms (if any). Payment Method Rules and Payment Method Terms are Financial Services Terms for purposes of this Agreement. In the event of any inconsistency between any provision of this Agreement and the Payment Method Rules or Payment Method Terms, the applicable Payment Method Rules or Payment Method Terms will prevail to the extent of the inconsistency. The Payment Method Terms and Payment Method Rules may be amended from time to time. Your continuing use of the applicable Stripe Payments Services constitutes your agreement to those amended terms.

3.3 Acquirer Terms.

Some Payment Method Providers require that their Payment Methods be accepted only through a Payment Method Acquirer, which may be Stripe, its Affiliate, or a Financial Partner. Some of these Payment Method Providers, such as Visa and Mastercard in certain countries, require you to enter into Acquirer Terms, which will (a) identify the Payment Method Acquirer responsible for Transactions using that Payment Method Provider’s Payment Method; and (b) establish a direct contractual relationship and terms between you and the Payment Method Acquirer, as those Acquirer Terms further describe.

The Acquirer Terms, which are Financial Services Terms for purposes of this Agreement, describe the 441
Payment Methods to which they apply, and when they go into effect. By using the Stripe Payments Services to submit Visa or Mastercard Transactions, you agree to the Acquirer Terms for the applicable Payment Method Acquirers, if any, listed on the Acquirer Disclosure available on the Stripe Legal Page.

Stripe may add or remove Payment Method Acquirers at any time.

3.4 Payment Method Providers and Payment Method Acquirers Irrespective of whether Acquirer Terms apply, your acceptance and use of the Payment Method may also be subject to Payment Method Rules or Payment Method Terms (or both), as Section 3.2 of these Stripe Payments Terms describes. Payment Method Providers and Payment Method Acquirers are Financial Partners for purposes of this Agreement. Payment Method Providers may enforce the terms of this Agreement directly against you with respect to that Payment Method Provider’s Payment Method(s). A Payment Method Provider or Payment Method Acquirer may terminate your ability to accept a Payment Method at any time and for any reason, in which case you will no longer be able to accept that Payment Method under this Agreement. Stripe may add or remove Payment Method Providers at any time. Stripe may, with notice to you, change Payment Methods in your integration of the Services.

3.5 Card Transactions.
(a) Card Network Rules. When accepting payment card Transactions, you must comply with all applicable Card Network Rules, including the Visa Rules specified by Visa, the Mastercard Rules specified by Mastercard, and the American Express Merchant Operating Guide specified by American Express. Each Card Network may amend its Card Network Rules at any time without notice to you. (b) Location and Identification. You may only accept payment card Transactions in locations authorized by Stripe and the applicable Card Network. The Card Networks may request information and certification relating to your location, and make a final determination of your location. You must prominently and clearly disclose your name, address, and country location to Customers before Customers are prompted to provide payment card information. You must ensure that Customers understand that you are responsible for the Transactions. You must not act as or hold yourself out as a payment facilitator, intermediary or aggregator, or otherwise resell the Stripe Payments Services. (c) Use of Cash. You must not provide cash refunds for a completed Transaction made with a payment card, unless required by Law. You must not use Stripe Payments Services for any transaction for a cash disbursement or purchase of cash vouchers without approval from Stripe. You must not permit Customers to use payment cards to disburse cash to a third party, except to the extent the Card Network Rules permit.
(d) Debt Repayment. You must not accept payment card Transactions (i) to collect or refinance existing debt that you have deemed uncollectible or that is uncollectible by Law; (ii) for previous card charges; or (iii) to collect a dishonored check. Debt repayment is only permitted when performed in compliance with the Card Network Rules.
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(e) Surcharging. You must comply with all Card Network Rules and Law that limit your ability to (i) discriminate by payment card brand or type; (ii) charge surcharges or other fees, or Taxes for acceptance of payment cards; and (iii) provide discounts. You may only charge surcharges, other fees, or Taxes for accepting payment cards where permitted, and in such cases you must not impose a surcharge on your Customers in excess of applicable surcharging limits.
(f) Use of Payment Card Account Data. You must not request or use a payment card account number for any purpose other than for a Transaction. You must not use payment card account numbers or payment card Transaction data other than as Law, the Card Network Rules and this Agreement permit. You must not store the card verification value (or similar security code) data after card authorization. (g) Waiver of Dispute Rights. You must not require, as a condition to card acceptance, any Customer to waive a right to dispute a Transaction.
(h) Non-Disparagement. You must not disparage any Card Network or any of their services, or submit any Transaction that harms any Card Network.
(i) Audit and Forensic Investigations. A Card Network may initiate audits and forensic investigations in accordance with its Card Network Rules. You must fully cooperate with these audits and forensic investigations. This subsection (i) will survive termination of this Agreement. (j) Security Programs. You must comply with the Card Networks’ security standards, requirements and programs (e.g., the Visa Account Information Security Program), and all Card Network Rules governing the privacy, protection, and your use, storage and disclosure of data. (k) Limited Acceptance. Each Card Network may allow you to accept only a subset of that Card Network’s cards, in which case you must follow the Card Network Rules that govern limited acceptance. (l) Minimum or Maximum Amounts. You must not establish minimum or maximum amounts for payment card Transactions, except as the Card Network Rules permit. (m) Forms. You must not require any Customer to complete a form that includes the Customer’s signature or any Payment Account Details in plain view when mailed.

3.6 American Express Conversion – Only Applicable to the American Express Card Network.

If your American Express Transaction volume exceeds the applicable threshold amount set by American Express, American Express may convert you to a direct American Express merchant. As a direct American Express merchant, you and American Express will enter into a separate agreement, which will govern your acceptance of American Express payment cards, and you and American Express must directly agree to your pricing and other fees payable for American Express Transaction processing. Stripe will continue to process your American Express Transactions in accordance with this Agreement, except that Stripe will incorporate the new pricing and fees into the applicable Stripe fees.

3.7 Data Sharing.
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Stripe may share information about your Stripe Account, including User Information, with Payment Method Providers and Payment Method Acquirers as Stripe believes necessary to verify your eligibility to use the Stripe Payments Services, establish any necessary accounts or credit with Payment Method Providers and Payment Method Acquirers, monitor Transactions and other activity, and conduct risk management and compliance reviews. Stripe may also share data, including Protected Data, with Payment Method Providers and Payment Method Acquirers, and they may use and share this data, for the purpose of assessing your compliance with Financial Services Terms and facilitating Stripe’s, the Payment Method Providers’, and the Payment Method Acquirers’ compliance with Law, Payment Method Rules and Payment Method Terms. You waive your right to bring any claim against Stripe arising from Stripe sharing information about User Group with Payment Method Providers and Payment Method Acquirers, including any inclusion on a Terminated Merchant List that results from this sharing.

Stripe may periodically review your Stripe Account information to verify that you are eligible to use the Stripe Payments Services.

3.8 Customer Communication.

When using the Stripe Payments Services you must, with respect to Customers (a) accurately communicate and not misrepresent the nature, amount and currency of each Transaction prior to submitting it for processing; (b) provide a receipt that accurately describes each Transaction; (c) provide a meaningful way to contact you in the event that your goods or services are not provided as described; (d) not use the Stripe Payments Services to sell goods or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; (e) inform Customers that Stripe and its Affiliates process Transactions for you; and (f) if you are collecting authorizations electronically, ensure that Customers consent to electronic signatures and delivery of communications in accordance with Law. If you engage in Transactions with Customers who are consumers, you must provide the disclosures Law requires, and must not engage in unfair, deceptive, or abusive acts or practices.

3.9 Requirements Imposed by Payment Method Rules.

As required by the Payment Method Rules (a) as between the parties, each party is responsible for the acts and omissions of its employees, contractors, and agents; (b) unless a Payment Method Provider agrees otherwise, you cannot bind a Payment Method Provider to any contract or obligation, and you must not represent that you can do so; (c) you will meet data quality requirements for relevant categories of Transaction data (as described in the Payment Method Rules) and in respect of that data, you must comply with all technical specifications mandated by the relevant Payment Method Provider; and (d) you must ensure that Transaction data that you collect is processed promptly, accurately and completely. You must maintain and make available to Customers a fair and neutral refund and exchange policy, and clearly explain the process by which Customers can receive a Refund. Payment Method Providers retain all IP Rights in their Marks, and you must not contest any Payment Method Provider’s IP Rights in their Marks. You may only use Payment Method Providers’ Marks in a manner consistent with the Payment Method Rules, and you must promptly comply with all instructions from Stripe regarding use or presentation of Payment Method Providers’ Marks. You are solely responsible for providing 444
support to Customers regarding Transaction receipts, product or service delivery, support, returns, refunds, and all other issues related to your goods and services and business activities.

3.10 Stripe Radar; Your Responsibility for Transactions.

The Stripe Radar Services may be enabled by default and are governed by the Stripe Radar Terms. If you do not wish to use the Stripe Radar Services in connection with Stripe Payments Services, you must contact Stripe support to disable it. You are solely responsible for all losses you and the Stripe Parties incur due to erroneous and fraudulent Transactions that occur in connection with your use of the Services, including as a result of (a) lost or stolen payment credentials or the details of any accounts that are used to purchase goods or services from you; (b) any changes to the User Bank Accounts; and (c) any unauthorized use of, or access or modification to, your Stripe Account.

4. Processing Transactions.

4.1 Payment Authorization Requests.
(a) Processing Transactions. To enable Stripe to process Transactions for you, you authorize and direct Stripe, its Affiliates, Payment Method Providers and Payment Method Acquirers to receive and settle, as applicable, settlement funds owed to you through your use of the Stripe Payments Services. You may only submit Transactions that Customers authorize, and only after the applicable goods have been shipped or services provided to the Customer; except, you may submit a Transaction before goods have been shipped or services have been provided to the Customer where the Customer has authorized a Transaction for a partial or full prepayment for goods or services to be provided at a future time, or you have obtained the Customer’s consent.
(b) Transaction Responsibility. You must not proceed with a Transaction if (i) you know or should have known that the Transaction was fraudulent, not authorized by the Customer, or illegal in your or your Customer’s jurisdiction; (ii) you receive a response declining to authorize the Transaction; or (iii) the Customer’s ability to use a Payment Method has expired or is no longer valid. You must not split payment for a single transaction into multiple Transactions except as the Payment Method Rules, Payment Method Terms and Acquirer Terms expressly permit. You must not submit any Transaction that duplicates a Transaction that is already subject to a Dispute, or was previously disputed and subsequently resolved in your favor. Stripe may refuse to process, or condition or suspend any Transaction that Stripe believes (x) may violate this Agreement or other agreement you have with Stripe (if any); (y) is unauthorized, fraudulent or illegal; or (z) exposes, or is likely to expose, Stripe, you or others to unacceptable risk.

4.2 Pooled Accounts.

You appoint Stripe and Stripe’s Affiliate, SPC, as your agents for the limited purpose of directing, receiving, holding and settling funds under this Agreement. All settlement funds Stripe or, as applicable, SPC receives for Transactions are combined with settlement funds for other users and held in one or more Pooled Accounts at one or more Financial Partners. Once Stripe or SPC (as applicable) receives 445
funds for a Transaction on your behalf, the relevant Customer has no further obligation to make payments to you with respect to that Transaction, regardless of whether and when Stripe or SPC (as applicable) settles those funds to you. If Stripe or SPC (as applicable) does not settle funds due to you under this Agreement, you will have recourse only against Stripe or SPC (as applicable) and not the relevant Customer. Stripe will promptly update your Stripe Account balance to reflect processed Transactions. If, in the capacity as your agent, Stripe or its Affiliate provide a receipt for a Transaction to the applicable Customer, that receipt is binding on you. Stripe and its Affiliates (as applicable) may invest funds held in a Pooled Account as described in Section 5.2 of the General Terms. You have no rights to any Pooled Account, or earnings generated by funds held in any Pooled Account, and are not entitled to draw funds from any Pooled Account.

4.3 Transaction Settlement Funds.

Stripe will transfer settlement funds for Transactions, net of Fees, Disputes, Refunds, Reversals and other amounts owed to Stripe, from the applicable Pooled Account to the applicable User Bank Account within the time period stated in the Payout Schedule, unless a Payout Delay occurs and affects the transfer initiation, or Stripe exercises a right under this Agreement to withhold or delay the transfer. However, Stripe may impose an additional holding period before making the initial settlement to a User Bank Account.

4.4 Sending Funds to Third-Party Recipients.

Stripe may offer you the ability to send to a third party funds owed to you as you instruct Stripe (including by sending all or part of the positive balance in your Stripe Account to that third-party recipient’s Stripe account or bank account), instead of settling funds to a User Bank Account. If Stripe or SPC sends funds to a third-party recipient which may include the use of a payment intermediary operating on your behalf, as this Section 4.4 contemplates, then Stripe’s and SPC’s obligations (and all applicable Payment Method Provider and Payment Method Acquirer obligations) to settle those funds to you are satisfied.

4.5 Settlement Fees.

Stripe is not responsible for any fees imposed by banks to which Stripe transfers funds, including the banks that hold the User Bank Accounts and the third-party recipient accounts.

4.6 Subscriptions and Invoicing.

If you use the Services to submit recurring or subscription Transactions, then before submitting the initial Transaction, you must (a) inform each Customer that the relevant Transactions will occur on an ongoing basis; and (b) explain the method for canceling the Customer’s recurring billing or subscription. If you use the Services to issue invoices to Customers, you must ensure that the form and content of the invoices comply with Law and are sufficient to achieve the legal or tax effects that you are trying to achieve.

4.7 Customer Authorizations.
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If you use the Stripe Payments Services for certain Transactions where the Customer is not present, including MOTO Transactions or Merchant Initiated Transactions, or to store a Customer’s Payment Method for future use, you may be required by Law and Payment Method Rules to obtain the Customer’s authorization (also known as a mandate or agreement for the provision of products or services) and make certain disclosures to the Customer. These disclosures may include when, and under what circumstances, the Customer’s Payment Method will be charged, how the payment amount will be determined, and how future payments can be canceled. You must retain, and provide to Stripe upon request, records demonstrating that you have (a) obtained any required Customer authorizations in compliance with Law and Payment Method Rules; and (b) only submitted Transactions as MOTO Transactions or Merchant Initiated Transactions that you have determined are eligible.

5. Actions Stripe May Take in Processing Transactions.

5.1 Reconciliation and Responsibility.

As between the parties, and except as required by Law, you are responsible for reviewing your Transaction history for accuracy and completeness and reconciling your Transaction history with the history of transfers from the Pooled Accounts to the User Bank Accounts. If you find an error when you reconcile your Transaction history, Stripe will reasonably cooperate with you to investigate and help correct that error as long as you notify Stripe of the error within 60 days after the error appears in your Transaction history. Stripe may correct any errors in your Transaction history by crediting or debiting the User Bank Accounts.

5.2 Negative Balances.

If your Stripe Account balance (or the Stripe Account balance of any User Entity) is negative, or does not contain funds sufficient to pay amounts that you (or a User Entity) owe to a Stripe Entity or Customers, then without limiting Stripe’s rights under Sections 4.2 and 4.3 of the General Terms, Stripe may debit the User Bank Accounts by the amount necessary to collect, and pay out to Customers if applicable, the amounts you owe.

5.3 Disputes; Refunds; Reversals.

Notwithstanding anything to the contrary in this Agreement, you are liable to Stripe for the full amount of all Disputes (unless and until a Dispute is resolved to final disposition in your favor according to applicable Payment Method Rules and as described in the Documentation), Refunds and Reversals regardless of the reason or timing.
(a) Disputes. Stripe may delay or withhold paying out a Transaction amount from funds owed to you if Stripe reasonably believes that a Dispute is likely to occur with respect to that Transaction. Stripe may delay or withhold paying out amounts subject to an actual Dispute until the Payment Method Provider resolves the Dispute.
(b) Refunds. If you intend to issue a Refund to a Customer, you must initiate a Refund instruction via the Services within 5 days after informing the Customer of your intention. Stripe may refuse to act upon a 447
Refund instruction, or delay executing the instruction, if you are the subject of an Insolvency Event, if it would cause a negative balance in your Stripe Account, or if Stripe believes that there is a risk you will not meet your liabilities under this Agreement.
(c) Reversals. Without limiting Stripe’s rights under Sections 5.4 - 5.6 of these Stripe Payments Terms, Stripe may initiate a Reversal if:
(i) the Payment Method Provider invalidates the Transaction; (ii) you receive funds in error for any reason;
(iii) you were not authorized to accept the Transaction; (iv) you receive funds related to activities that violate this Agreement, Law or Financial Services Terms; or (v) a Payment Method Provider or Payment Method Acquirer requires Stripe to do so under the applicable Financial Services Terms.

5.4 Stripe Remedies – Specific Triggers.

Stripe may exercise any or all of the remedies stated in Section 5.6 of these Stripe Payments Terms if Stripe determines that a User Entity:
(a) has incurred or is likely to incur excessive Disputes, Refunds or Reversals; (b) has submitted one or more Transactions for goods or services not immediately deliverable to the Customer without first obtaining Stripe’s consent;
(c) has a negative Stripe Account balance;
(d) has experienced or is likely to experience a change in the average time between the initial charge and fulfillment of Customer orders that Stripe considers to be material; (e) is or is likely to become the subject of an Insolvency Event; (f) has experienced or is likely to experience a deterioration of its business or financial condition that Stripe considers to be material;
(g) has breached or is likely to breach, or has caused or is likely to cause Stripe to breach, this Agreement (or any other Stripe services agreement with a Stripe Entity) or the Financial Services Terms applicable to the User Entity’s use of the Services;
(h) has violated or is likely to violate Law or Financial Services Terms; (i) has caused or is likely to cause Stripe to violate Law or Financial Services Terms; (j) has experienced or is likely to experience a Change of Control; 448
(k) has, either itself or by way of its employees, agents, directors or contractors, initiated Transactions or undertaken any other action that is or is likely to be fraudulent, suspicious or involve criminal activity; (l) has, without Stripe’s prior consent, changed its business model (including services supplied by a User Entity to its customers), exposing Stripe to increased risk; or (m) has acted in a manner or engaged in business, trading practice or other activity that presents an unacceptable risk.

5.5 Stripe Remedies – General Trigger.

Stripe may exercise any or all of the remedies stated in Section 5.6 of these Stripe Payments Terms if (a) Stripe reasonably determines that Stripe may incur losses resulting from credit, fraud, criminal activity or other risks associated with a User Entity after these Stripe Payments Terms terminate; or (b) Law requires.

5.6 Stripe Remedies – Scope.

Stripe may, in accordance with Sections 5.4 and 5.5 of these Stripe Payments Terms:
(a) initiate Reversals;
(b) change the Payout Schedule or delay or cancel the payout of funds to the User Bank Accounts; (c) establish, fund and use a Reserve;
(d) debit the User Bank Accounts or the bank or financial institution accounts of any or all User Entities; (e) suspend or terminate your ability to accept or process Transactions; (f) refuse to (i) process Transactions, and (ii) act upon Refund instructions; and (g) setoff or recoup all liability that Stripe reasonably determines a User Entity owes to a Stripe Entity under this Agreement or another agreement, against any amounts that a Stripe Entity, owes to a User Entity whether the liability is matured, unmatured, liquidated or unliquidated.

5.7 Reserve.

If Stripe establishes a Reserve, Stripe will notify you of the Reserve terms. Stripe may change the Reserve terms (a) if Stripe believes that there is, or is likely to be, a change in the underlying risk presented by the User Group’s use of Stripe services; or (b) as a Payment Method Acquirer or Payment Method Provider requires. You have no legal or equitable right or interest in any Reserve, in the funds held in any Reserve, or earnings generated by funds held in any Reserve, and are not entitled to draw funds from any Reserve. If you become subject to an Insolvency Event, funds held in a Reserve will not be part of any estate created in connection with that Insolvency Event. Stripe may fund the Reserve through any or all of:
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(i) using funds you provide upon Stripe’s request;
(ii) using funds that a Stripe Entity owes to any User Entity for Transactions that the User Group accepts through the Stripe Payments Services; or
(iii) debiting the User Bank Accounts or the bank or financial institution accounts of any or all User Entities.

5.8 Security Interest.

You grant Stripe a lien on and security interest in your interest, if any, in (a) all funds owed to you for Transactions (including funds owed to you for future Transactions and all funds that Stripe holds on your behalf); and (b) all rights to receive credits and payments under this Agreement. You must execute all documents and provide all authorizations that Stripe reasonably requests for the purpose of creating, perfecting (including filing relevant documents), maintaining and enforcing this lien and security interest, even if the request is made after your Stripe Account balance becomes negative.

5.9 Credit Support Requirement.

Stripe may require that you provide a guarantee (including a personal, parent or bank guarantee) or letter of credit in a form and substance that satisfies Stripe. In this event, Stripe will inform you of the amount of and the reasons for the requirement. If you are unable to satisfy the requirement when Stripe requires you to do so, Stripe may suspend or terminate your access to the Services.

6. Multi-Currency Processing.

Stripe may offer Multi-Currency Processing. To use Multi-Currency Processing, you must provide to Stripe a valid bank account for each currency for which you request settlement, based on the list of available settlement currencies stated in the Documentation. Each of these bank accounts is a User Bank Account for the purposes of this Agreement. If you use Multi-Currency Processing, Stripe will identify at the time of each applicable Transaction the conversion rate that will apply to the Transaction. In the event of a Refund, the conversion rate that will be used to calculate the Refund will be the rate in effect at the time of the Refund.

7. Post-Termination Obligations.

7.1 Completion of Transactions.

Following termination of these Stripe Payments Terms, you must fulfill your obligations related to existing Transactions, not accept new Transactions via the Services, and remove all Marks of a Stripe Entity or a Financial Partner from your website (unless permitted under a separate license with the applicable Financial Partner). Stripe will complete Transactions initiated before termination as long as Stripe would have completed those Transactions were these Stripe Payments Terms still in place (e.g., Stripe will not complete a Transaction if a Financial Partner prohibits Stripe from doing so). Termination 450
does not affect your responsibility for Transactions described in Section 3 of these Stripe Payments Terms.

7.2 Provision of Payment Account Details.

If these Stripe Payments Terms terminate for reasons other than your breach, then within 30 days after the termination date, you may request in writing that Stripe provide all relevant Payment Account Details to an alternative PCI-DSS Level 1-certified payment processor that you identify to Stripe. Stripe will provide the Payment Account Details that you are entitled to receive to the named payment processor to the extent commercially reasonable. Stripe may delay or refuse any request if Stripe believes the payment processor you have identified does not have systems or controls in place that are sufficient to protect Payment Account Details, that the integrity of Payment Account Details may be compromised, or that Law or Financial Services Terms do not allow Stripe to provide the Payment Account Details.

8. User Information Updates.

You must immediately notify Stripe, and provide to Stripe updated User Information, if you experience or anticipate experiencing a material change in the average time between the initial charge and fulfillment of Customer orders. Upon request, you must promptly provide to Stripe information related to Transactions and Disputes, including (a) refund and shipping policies (if applicable); (b) data on captured but unfulfilled charges; and (c) data on the time between charge capture and fulfillment of Customer orders.

9. PCI Standards Compliance.

If you elect to store or hold "Account Data," as defined in the PCI Standards (including Customer card account number or expiration date), you must maintain a system that complies with the PCI Standards and upon Stripe’s request, you must provide to Stripe evidence of your compliance. If you do not comply with the PCI Standards, or if Stripe or any Payment Method Provider or Payment Method Acquirer is unable to verify your compliance with the PCI Standards, Stripe may suspend your Stripe Account or terminate this Agreement, in whole or in part. If you intend to use a third-party service provider to store or transmit Payment Account Details (including Customer card account number and expiration date) then you must not share any Payment Account Details with the service provider until you verify that the third party holds sufficient certifications under the PCI Standards, and must notify Stripe of your intention to share Payment Account Details with the service provider. Further, you agree to never store or hold any "Sensitive Authentication Data," as defined by the PCI Standards (including the card verification value or similar security code), at any time. You can find information about the PCI Standards on the PCI Council’s website.

10. Representations and Warranties.

You represent as of the Effective Date, and warrant during the Term, that (a) you only use the Payment Methods and Stripe Payments Services for bona fide commercial transactions (which must be free of 451
liens, claims, and encumbrances other than ordinary sales taxes) for the sale of goods or services to, or other act with, Customers; (b) except as Stripe approves, you do not use the Stripe Payments Services for intercompany transactions; (c) you fulfill all of your obligations to Customers; and (d) you and your thirdparty service providers that store, access or transmit Payment Account Details comply with the PCI Standards, as applicable.

11. Fraudulent Transactions.

As between the parties, you are responsible for all (a) losses, damages, and costs Stripe and its Affiliates incur due to fraudulent Transactions, and the limitations on liability in Section 12.2 of the SSA do not apply; and (b) costs associated with any Financial Partner-initiated audit or forensic investigation arising out of or relating to your use of the Stripe Payments Services.

12. Liability for Failure to Transfer Funds.

The limitation of liability in Section 12.2(b) of the General Terms will not apply to claims you or your Affiliates make against the Stripe Parties for failing to transfer any settlement funds the Stripe Parties receive and owe to you in connection with the Stripe Payments Services. For these claims, the Stripe Parties’ liability is limited to the amount that the Stripe Parties have received and owe, but failed to transfer, to you.

2.9% + 30¢
per successful transaction for domestic cards
+ 0.5%
for manually entered cards
+ 1.5%
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452
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0193 Agenda Date: 6/2/2025 Agenda #: 8.

Agenda Item Wording:

Revised Resolution - Adoption of Revised Resolution No. 2025-27 pertaining to the upholding of an appeal in accordance with the City Council's prior action taken for Historic Preservation Advisory Committee Item No. 2025-05, a request to replace 48 windows on a single-family residence located in the Downtown Mixed Use Zone. The project site is located at 410 North Court Street (APN: 094- 271-006).

Prepared by:

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

Department Recommendation:

Staff recommends that the City Council adopt Revised Resolution No. 2025-27, upholding an appeal of the denial of HPAC Item No. 2025-05, in response to the action taken by City Council following a public hearing on May 5, 2025.

Summary:

On May 5, 2025, the City Council considered an appeal of the Historic Preservation Advisory Committee’s (HPAC) denial of HPAC Item No. 2025-05. After receiving the staff report, staff’s presentation, consideration of the appeal request, and public comment, the City Council voted 4-1 (Councilmember Soto voting No) to uphold the appeal, and reversing the HPAC’s decision thereby permitting the approval to replace 48 windows at 410 North Court Street. Based on that decision, a revised resolution has been prepared for formal adoption reflecting the decision of the City Council on May 5, 2025.

Background Discussion:

The applicant, Kevin Fistolera, filed HPAC Item No. 2025-05, requesting to replace 48 wood windows with vinyl windows, on a single-family residence listed on the Local Register of Historic Structures with a “Focus” classification, located within the Historic District. The application was heard by the HPAC at a public hearing on April 9, 2025, and was recommended for approval by staff based on the justifications and conditions noted in the staff report for HPAC Item No. 2025-05 (see Attachment 5).

The proposal failed to be approved by a vote of 5 to 2 as a result of mitigating factors discussed by the Committee members at the meeting.

On April 14, 2025, the Visalia City Clerk received an appeal of the HPAC’s denial. The appeal states that the HPAC’s denial should be overturned based on the following:

1. That there is precedence for the approval of wood window replacement,

2. That the proposal adequately preserves the buildings appearance, and Visalia City Council Page 1 of 2 Printed on 5/29/2025
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3. That the proposal would improve the energy efficiency of the structure.

Fiscal Impact:

The project will not result in any fiscal impact to the City.

Prior Council Action:

On May 5, 2025, the City Council held a public hearing to consider an appeal of the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05. The appeal was upheld by a vote of 4 to 1.

Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Revised Resolution No 2025-27, upholding the appeal of HPAC Item No. 2025-05.

CEQA Review:

No environmental review is required for projects that are considered non-discretionary in nature.

Projects of an administrative, non-discretionary nature, are expected to be approved so long as they meet the requirements of the Visalia Municipal Code.

Deadline for Action: 6/2/2025
Attachments:
· Attachment 1: Revised Resolution No. 2025-27
· Attachment 2: May 5, 2025, City Council staff report
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REVISED RESOLUTION NO 2025-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA UPHOLDING

THE APPEAL AND REVERSING THE HISTORIC PRESERVATION ADVISORY COMMITTEE’S (HPAC) DENIAL OF HPAC ITEM NO. 2025-05: A REQUEST BY KEVIN FISTOLERA 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) WHEREAS, HPAC Item No. 2025-05 is a request by Kevin Fistolera 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); and WHEREAS, the Historic Preservation Advisory Committee of the City of Visalia, after duly published notice held a public hearing before said Committee on April 9, 2025; and
WHEREAS, the Historic Preservation Advisory Committee considered the request and failed to approve a motion to approve the project by a vote of 5-2 (Committee members Hohlbauch and Tomola in favor of approval); and WHEREAS, an appeal of the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05 was received on April 14, 2025, stating that the HPAC’s denial should be overturned based on there being precedence for the approval of wood window replacement, that the proposal adequately preserves the buildings appearance, and that the proposal would improve the energy efficiency of the structure; and WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on May 5, 2025; and
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on May 5, 2025, and upheld the appeal of HPAC Item No. 2025-05, reversing the denial by the Historic Preservation Advisory Committee and approving the request to replace 48 windows on a single-family residence located at 410 North Court Street; and
WHEREAS, no CEQA environmental review is required for projects that are considered administrative and non-discretionary in nature and can be approved so long as they meet the requirements of the Visalia Municipal Code. 455
Revised Resolution No. 2025-27
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the project site is listed on the Local Register of Historic Structures and is within the Historic District.

2. That the proposal will be consistent with uses onsite, the surrounding area, and the Historic District.

3. That the proposal will be consistent with the Historic Preservation Ordinance and Historic Preservation Element.

4. That the proposal will not be injurious to the character of the Historic District.

BE IT FURTHER RESOLVED that the City Council hereby upholds the appeal and reverses the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05 on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section 17.56.060 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the project shall be developed in substantial compliance with the development plan and operational statement in Attachment 2, except as modified by the conditions below.

2. That the new windows shall match the features of the original windows, including operating mechanism and style, mullion patterns and spacing, frame dimensions and profiles, and sightlines and proportions. That the project undergoes the appropriate City permitting process for exterior alterations on the project site.

3. That the applicant shall rebuild and install wood window screens for all the windows that can support window screens. The window screens shall retain an appearance consistent with the original window screens depicted in Attachment 2.

4. That any other exterior alterations to the site shall be brought before this Committee for review and approval prior to the issuance of any Building Permits and/or their installation or construction.

5. That all other City codes, ordinances, standards, and regulations shall be met.

6. That the approval from the Historic Preservation Advisory Committee shall lapse and become void twelve months after the date on which it became effective, unless the conditions of the approval allowed a shorter or greater time limit, or unless prior to the expiration of twelve months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site that was the subject of the approval.
456
Revised Resolution No. 2025-27
PASSED AND ADOPTED: May 5, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-27 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 5, 2025.

Dated:June 3, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
457
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0149 Agenda Date: 5/5/2025 Agenda #: 1.

Agenda Item Wording:

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).

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

Cristobal Carrillo, Associate Planner, 713-4443, [email protected]; Paul Bernal, Planning and Community Preservation Director, 713-4025, [email protected] Department Recommendation:

Based on the Historic Preservation Advisory Committee’s (HPAC) decision, it is recommended that the City Council receive the staff report and presentation, hold a public hearing, and adopt Resolution No. 2025-27, denying the appeal and upholding the Historic Preservation Advisory Committee’s (HPAC) denial of HPAC Item No. 2025-05.

Please note, it is standard practice for the recommendation to be the upholding of an action taken by the HPAC.

Alternatively, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Uphold the appeal and approve the request as originally recommended and conditioned by staff to the HPAC on April 9, 2025, overturning the decision of the HPAC to deny HPAC Item No. 2025-05. City Council “findings” will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

2. Uphold the appeal and approve the request with modifications to the proposal as determined by the Visalia City Council, overturning the decision of the HPAC to deny HPAC Item No. 2025 -05. City Council “findings” will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

3. Refer the matter back to the HPAC; or,

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

Summary:

The applicant, Kevin Fistolera, filed HPAC Item No. 2025-05, requesting to replace 48 wood windows with vinyl windows, on a single-family residence listed on the Local Register of Historic Structures with a “Focus” classification, located within the Historic District. The application was heard by the HPAC at a public hearing on April 9, 2025, and was recommended for approval by staff based on the Visalia City Council Page 1 of 9 Printed on 5/1/2025
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HPAC at a public hearing on April 9, 2025, and was recommended for approval by staff based on the justifications and conditions noted in the staff report for HPAC Item No. 2025-05 (see Attachment 5).

The proposal failed to be approved by a vote of 5 to 2 as a result of mitigating factors discussed by the Committee members at the meeting.

On April 14, 2025, the Visalia City Clerk received an appeal of the HPAC’s denial. The appeal states that the HPAC’s denial should be overturned based on the following:

1. That there is precedence for the approval of wood window replacement,

2. That the proposal adequately preserves the buildings appearance, and

3. That the proposal would improve the energy efficiency of the structure.

Synopses of the applicants’ original window proposal, the HPAC public hearing discussion, and the applicants appeal request are provided below in the “HPAC Review and Action”, “Appeal,” and “Project Overview” sections of this staff report.

Project Description:

Per the operational statement in Attachment 3, the applicant is requesting approval to remove and replace all the windows of the residence, 48 in total. Per the development plan in Attachment 3, the applicant will be replacing the windows with Milgard V300 Trinsic vinyl windows, and rebuilding full wood window screens for use on the windows to be replaced.

Per the applicant, the window replacement is required due to the age and deterioration of the original windows. The applicant states that the windows must be replaced to better secure the building from vandalism and break-ins.

Site Data and History:

The project site is zoned D-MU (Downtown Mixed-Use) and contains a vacant residence and 10-stall parking lot. The structure was built in 1921, making it approximately 104 years old. The project site is located within the Historic District, and structure added to the Local Register of Historic Structures in 1979 when the Historic District and Local Register were first adopted by the Visalia City Council.

Each building on the Local Register is given one of three classifications, denoting its architectural and community importance: Exceptional, Focus, and Background. The building at 410 North Court Street is classified as “Focus”, meaning per the Historic Preservation Element of the Visalia General Plan, that the structure is considered of “…significant value, of good to excellent quality, and should be considered for local recognition and protection.” The structure was upgraded from a “Background” classification to “Focus” on August 1, 2022, when the City Council approved the HPAC’s revised Local Register listings. The change in classification was due in large part to the structure’s association with the Bradley Family (see family information below).

The structure contains “Craftsman” and “Bungalow” style architectural elements, reflected through features such as knee brace brackets, window orientation, and lattice like gable venting. The structure is also unique in that it features both open air and screened porches, located along the north and south building exteriors.

The structure was built by Clarence Linn Bradley (1886 - 1969), the son of early Visalia attorney Nathaniel Oliver Bradley, and member of the prominent Bradley Family, many of which practiced law in Visalia for many years. Bradley was a lieutenant in the infantry during World War I, serving in France, and became an attorney upon returning home. Per his obituary, Bradley was active in several Visalia lodges and veterans organizations, including the Moose, Elks, American Legion, Visalia City Council Page 2 of 9 Printed on 5/1/2025
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several Visalia lodges and veterans organizations, including the Moose, Elks, American Legion, Veterans of Foreign Wars, and Kiwanis Clubs. He was also active in the Catholic church, in particular as a Fourth Degree Knight of Columbus. Bradley had two sons, one of which (Judge Nathaniel Oliver Bradley II) became a Tulare County Superior Court judge.

The structure at 410 North Court was part of a larger Bradley family compound, which included the family home at 420 North Court Street (the current location of Fistolera Construction and the Equity Group property management firm) and the craftsman bungalow structure at 421 North Church Street.

HPAC Review and Action:

At the April 9, 2025, HPAC meeting, a public hearing was held to consider HPAC Item No. 2025-05, a request to replace 48 windows on a single-family residence located at 410 North Court Street. Staff recommended approval of the request based on a visit to the project site to evaluate the condition of the windows. In its recommendation, staff cited as justification for approval the damage observed to the second story windows of the residential structure (see photographs provided with Attachment 3), preservation of the historic appearance of the residence through the application of new full wood window screens, and conditions of approval requiring the new windows to match the appearance of the existing windows. The recommended conditions of approval as outlined in the HPAC staff report are listed below as follows:

1. That the project shall be developed in substantial compliance with the development plan in Exhibit “A and operational statement in Exhibit “B”, except as modified by the conditions below.

5. That all other City codes, ordinances, standards, and regulations shall be met.

Public comment in favor of the proposal was received in person from applicant and property owner Kevin Fistolera, and via e-mail by community member Bill Huott. Additional public comment in opposition to the proposal was provided via e-mail by community member Aaron Collins. All public comment received at the April 9, 2025; meeting is included with the HPAC staff report in Attachment

5. Speakers in support of the proposal stated that the request would maintain the existing appearance of the structure, and that because the existing windows were deteriorated, replacement would improve both the security and energy efficiency of the building and reduce noise impacts. Mr.

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improve both the security and energy efficiency of the building and reduce noise impacts. Mr.

Fistolera also claimed that the HPAC had previously approved the replacement of wood windows at other locations.

Comments in opposition from Mr. Collins noted that the structure is historically significant, and that due to its modest appearance, extra efforts should be made to preserve key elements of its construction (i.e. windows) to preserve its authenticity. Mr. Collins also stated that owners of historic structures have a responsibility to maintain their homes to the historic preservation programs’ high standards.

During the public hearing the HPAC discussed various aspects of the proposal with Mr. Fistolera.

This included the condition of the windows (the deterioration of which was disputed by the Committee), the efficacy of full wood window screens to preserve appearances, whether an existing screened porch would remain screened, and what type of window was currently present in the dining room (the HPAC noting that rooms of prominence in older homes often contain specialized windows).

Fistolera stated that he was unaware of the type of window present in the dining room. Discussion also occurred regarding the building’s affiliation with the Bradley Family, a family of local importance.

At the conclusion of the hearing, a majority of the HPAC expressed strong doubts that the windows could not be repaired, and that the affiliation of the building with the Bradley Family should not be overlooked. A motion was then made by Committee member Jay Hohlbauch, seconded by Committee member Kim Lusk, to accept staff’s recommendation and approve the request, with additional conditions of approval applied explicitly requiring rescreening of the screened porch (which had not been included in the applicants proposal), and requiring replacement of the dining room window with a new window containing the same features as the original, if applicable. The motion failed by a vote of 5 to 2 (Committee members Jay Hohlbauch and Michael Tomola voting to approve). As such, the request to replace the existing wood windows was denied.

Appeal:

On April 14, 2025, the City Clerk received an appeal of the HPAC’s denial of HPAC Item No. 2025-05.

The appellant, Kevin Fistolera, alleges that the HPAC acted in error when denying the request. The full text of the appeal is included in Attachment 1. The three appellant claims and Staff responses are provided below.

1. HPAC Precedent
Claim: That window replacements have been previously approved by the HPAC for several buildings within the Historic District.

Staff Response: Within the appeal request the applicant did not provide specific examples of instances in which the HPAC had previously approved the replacement of windows. Staff conducted a survey of project reviews conducted by the HPAC between January 2019 to April 2025. Analysis showed that window replacements have been approved in the past. However, the approvals themselves are nuanced, with decisions varying depending on the unique conditions of each proposal.

Per the survey, 31 window replacement requests have been reviewed by the HPAC during the 6 year and 4-month timeframe (Note: for the purposes of this survey, projects involving the same structure have been grouped together and are considered one project). The majority of the requests were for sites located solely within the Historic District (18 in total). Evaluation criteria for alterations to sites solely within the Historic District only require compatibility with surrounding structures. This means that alterations to structures are often permissible, so long as overall compatibility with the Historic Visalia City Council Page 4 of 9 Printed on 5/1/2025
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that alterations to structures are often permissible, so long as overall compatibility with the Historic District is preserved. Given these criteria, all 18 proposals were approved by the HPAC. It should be noted that 8 of these proposals involved Code Enforcement cases in which the windows had already been replaced prior to HPAC review and Building Permit issuance. In these instances, the HPAC partly approved the unsanctioned window replacements to avoid causing additional financial hardship to the applicants.

The remaining 13 window replacements involved structures listed on the Local Register of Historic Structures. Unlike the Historic District criteria, Local Register evaluation criteria requires preservation of original features and emphasizes repair over replacement. Of the 13 proposals involved, 9 were approved. Out of the 9 approved projects, 3 received approval largely because the windows had already been installed or purchased prior to HPAC review. The remaining 6 projects were approved due to other factors, such as:
· The window replacement involved a non-primary structure located in the rear yard; · The windows were to be replaced with new wood windows; · The window replacement involved a structure serving a sensitive population (The Creative Center, 616 North Bridge Street, which serves clients with developmental disabilities), making energy efficiency concerns more acute. The windows were also primarily located in areas where they would not be visible to the public, with full screens applied; · The proposal involved the relocation of original wood windows; · The windows to be replaced were in the rear yard for a structure that had already been significantly altered.

For the 4 projects that were not approved outright, the HPAC either denied the proposal, required repair, or required a combination approach as follows:
· 403 North Floral Street (2023) - An Exceptional classified office. The vinyl window replacement was denied due to the original windows significance as an architectural feature, and the lack of evidence provided by the applicant to support energy efficiency claims. No additional action was taken by the applicant, and the windows currently remain in their original condition. · 410 North Court Street (2025) - A Focus classified residence/office. The vinyl window replacement was denied due to the original windows significance as an architectural feature, lack of evidence to support claims of deterioration and energy efficiency, the building’s prominent location along North Court Street, and its association with person(s) of local significance. The denial was appealed and is the subject of this review. · 509 North Locust Street (2023) - A Focus classified residence. Exteriors alterations to the residence were approved, but the vinyl window replacement was denied. A condition of approval was added instead requiring repair of the existing wood windows. The applicant subsequently obtained Building Permits and repaired the windows as requested. · 719 North Highland (2021) - An Exceptional classified residence. Window replacement with vinyl windows was permitted on the side and rear building elevations. However, the applicant was required to repair the front facing original wood windows, in order to preserve their unique features. The applicant subsequently obtained Building Permits for the remodel of the home, including replacement of the side and rear windows. The original windows on the building’s Visalia City Council Page 5 of 9 Printed on 5/1/2025
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front exterior remain and have not been altered.

To summarize, the applicant is correct that there is precedence for approval of window replacements.

However, the bar to approve replacements on Local Register structures is higher than for structures solely located within the Historic District. This is due to the requirements of VMC Section 17.56.110, which lists standards and principles that apply during the review of exterior alterations to Local Register structures. This is covered more in depth under the “Project Analysis” section of staffs report.

Circumstances unique to each structure reviewed also dictate whether replacements are appropriate.

For 410 North Court Street, it was the determination of the Committee that the information, as presented by staff and the applicant, did not adequately demonstrate that the existing windows were beyond repair and that energy efficiency would be improved with replacement. The site’s location along a major street within the Downtown core and association with persons of local importance also played factors in the Committee’s decision to withhold approval.

2. Maintenance of Architectural Features
Claim: That the proposal would not alter the appearance of the structure, as it would maintain the existing sizes and orientations of the original windows.

Staff Response: Per the proposal submitted by the applicant, no window openings would be altered in size. The applicant also stated that new wood full window screens would be provided for all the windows to be replaced, obscuring the proposed vinyl windows from direct view. However, the Committee concluded that these improvements would not represent the protection of architectural features, as required by the Historic Preservation Ordinance for structures on the Local Register (see Project Analysis section below). The original feature, in this case the wood window casings and original glass, would be removed entirely, replaced with vinyl material that is not found elsewhere on the residential structure. The proposed new wood full window screens would only serve to obscure the lost original feature, which is not a solution supported by the Local Register criteria in the Ordinance. As such, the Committee concluded that the applicant would not be maintaining the architectural features of the home but instead would create a veneer of authenticity.

3. Energy Efficiency and Noise
Claim: That the proposal would improve the energy efficiency of the structure and would reduce noise impacts from traffic on North Court Street.

Staff Response: Staff notes that the applicant did not provide any studies or energy audits to support their claim that replacement of the windows would reduce noise and improve energy efficiency.

During the public hearing, the Committee stated that with older residential structures, a number of issues outside of windows could impact the efficiency of the home.

Sources also demonstrate that historic wood windows can be made to provide energy efficiency on par with new vinyl windows. Per information provided by the Window Preservation Standards Collaborative <https://windowstandards.org/> (a group of window specialists from across the United States) and the National Trust for Historic Preservation <https://www.westonma.gov/DocumentCenter/View/3040/Overview-of-Wood-Windows-Tips-from-theNational-Trust-for-Historic-Preservation-PDF>, restoration, weatherstripping, addition of storm windows, and/or proper maintenance can ensure that historic windows are as energy efficient as modern vinyl windows. Without further information, it is not a forgone conclusion that energy efficiency can only be achieved through the replacement of the windows, and not via repair of the Visalia City Council Page 6 of 9 Printed on 5/1/2025
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existing wood windows.

Project Analysis:

Local Register Criteria
Visalia Municipal Code Chapter 17.56 (Historic Preservation District) contains separate criteria for the evaluation of alterations to structures located in the Historic District and Local Register. In instances where both designations apply (as is the case with 410 North Court Street), the Local Register criteria is prioritized. Historic District criteria (VMC Sec. 17.56.100) generally requires “…compatibility or complementariness with a majority of structures in the immediately surrounding area”. In contrast, Local Register criteria (VMC Sec. 17.56.110) requires preservation of original and distinguishing architectural features, “wherever possible,” with repair taking precedence over replacement. Guiding standards and principles from this municipal code section are listed below:
· 17.56.110(B) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. · 17.56.110(E) Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity. · 17.56.110(F) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

Due to their design, variety, material, and placement on the structure, the original wood windows are considered a distinguishing feature of the building. The wood frames, upper sash horns, trim, and placement in threes account for most of the buildings’ historic character. If the windows are to be replaced, the applicant must demonstrate that replacement is necessary, and that the replacement materials will match the original in “…composition, design, color, texture, and other visual qualities.” In response, the applicant submitted pictures of the existing windows (see Attachment 3). However, none of the pictures depict damage that is considered extensive, warranting replacement. Windows are shown to be worn, but do not appear to contain significant rot or cracks that cannot be repaired.

Broken glass is present on some windows, but even this can be removed and replaced without having to destroy the existing wood windows.

Furthermore, the replacement material proposed (vinyl windows) would not match the original material in terms of composition and texture. The vinyl windows lack the warmth and grain texture of wood and would not contain distinctive upper sash horns. It is also unclear, given the information provided by the applicant, whether the existing window spacings and trim would be maintained with the installation of vinyl windows, which often come in prepacked sizes, necessitating changes to the size of window openings.

Visalia General Plan
The Historic Preservation Element of the Visalia General Plan includes goals and policies intended to guide the protection of historic resources. This includes language in Historic Preservation Element Policy H-P-8 that supports the work of the HPAC to “Initiat[e] efforts to educate the public to the significance of historic areas, sites and structures and the cultural and social events associated with Visalia City Council Page 7 of 9 Printed on 5/1/2025
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significance of historic areas, sites and structures and the cultural and social events associated with them.” The HPAC has interpreted this as supporting the consideration of people of importance into its project reviews, when applicable. As stated previously, the building at 410 North Court Street was associated with the Bradley Family, whose many members impacted all manner of Tulare County society through their work in the legal field and community affiliations. The Committee believes it is because of this association that elements of the structure should be preserved, so as to provide a window into the past of the City and its people.

Streetscape Compatibility
Though Local Register evaluation criteria takes precedence, there is a basis to also consider Historic District criteria encouraging compatibility with the surrounding areas. Staff notes that the project site is located along North Court Street, a major traffic corridor that provides egress from the Downtown core. Despite the loss of historic structures in the Downtown due to damage and/or redevelopment, the 300 to 500 block of North Court Street maintains many of its historic buildings, with many original architectural elements intact (including wood windows). The cluster of blocks represent one of the few places in the Downtown where the City’s historic fabric has been preserved. The replacement of original architectural elements on a building within this area would represent a diminishment of that historic character.

Public Comment:

Public comment in support of the appeal request was submitted by member of the public Bill Huott and is included as Attachment 2. No other public comment has been received as of the publication of this report.

Fiscal Impact:

The project will not result in any fiscal impact to the City.

Prior Council Action:

No previous Council actions related to this project have occurred.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Historic Preservation Advisory Committee’s approval of HPAC Item No. 2025-05 per Resolution No. 2025-27.

Alternative Motions:

Alternatively, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

3. Refer the matter back to the HPAC; or,
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4. Continue the matter to a future City Council hearing for additional information.

CEQA Review:

No environmental review is required for projects that are considered non-discretionary in nature.

Projects of an administrative, non-discretionary nature, are expected to be approved so long as they meet the requirements of the Visalia Municipal Code.

Attachments:

Resolution No. 2025-27, denying the appeal and upholding Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05.

Attachment 1 - Appeal of Historic Preservation Advisory Committee Action, April 14, 2025 - Kevin Fistolera
Attachment 2 - Public Comment from Bill Huott
Attachment 3 - Project Exhibits
Attachment 4 - April 18, 2025, Historic Preservation Advisory Committee Action Letter Attachment 5 - April 9, 2025, Historic Preservation Advisory Committee Staff Report and Public Comment
Historic District and Local Register Map
General Plan Map
Zoning Map
Aerial Map
Vicinity Map
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RESOLUTION NO 2025-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE

APPEAL AND UPHOLDING THE HISTORIC PRESERVATION ADVISORY COMMITTEE’S (HPAC) DENIAL OF HPAC ITEM NO. 2025-05: A REQUEST BY KEVIN FISTOLERA 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) WHEREAS, HPAC Item No. 2025-05 is a request by Kevin Fistolera 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); and WHEREAS, the Historic Preservation Advisory Committee of the City of Visalia, after duly published notice held a public hearing before said Committee on April 9, 2025; and
WHEREAS, the Historic Preservation Advisory Committee considered the request and failed to approve a motion to approve the project by a vote of 5-2 (Committee members Hohlbauch and Tomola in favor of approval); and WHEREAS, an appeal of the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05 was received on April 14, 2025, stating that the HPAC’s denial should be overturned based on there being precedence for the approval of wood window replacement, that the proposal adequately preserves the buildings appearance, and that the proposal would improve the energy efficiency of the structure; and WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on May 5, 2025; and
WHEREAS, no CEQA environmental review is required for projects that are considered administrative and non-discretionary nature, and can be approved so long as they meet the requirements of the Visalia Municipal Code.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:

1. That the project site is within the Historic District and is listed on the Local Register of Historic Structures. Furthermore, the building is associated with Clarence Linn Bradley, a member of the prominent Visalia family the Bradely’s, who was a lawyer, member of the American Legion, the Benevolent Protective Order of Elks, and the Knights of Columbus.
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Resolution No. 2025-27

2. That the proposal would create an inconsistency with other significant structures in the surrounding streetscape and Historic District, as it would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

3. That the proposal is not in keeping with the goals of the Historic Preservation Ordinance and Historic Preservation Element, which promote the protection and preservation of Local Register historic structures and their defining architectural characteristics. The proposal would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

4. That the proposal would be injurious to the character of the surrounding area and Historic District, as it would eliminate one of the remaining original and defining features of the residence, diminishing the structures’ historic integrity. The structure is located along a highly visible main thoroughfare (North Court Street) and is also near the Downtown commercial core. Replacement of the original wood windows would further the deterioration of unique, historic, and architecturally significant structures within the City’s central core, furthering the loss of the Downtown area’s unique aesthetic.

5. That it was not adequately demonstrated via evidence that the existing windows were beyond repair and that energy efficiency would be improved with replacement.

Furthermore the site’s location along a major street within the Downtown core and association with persons of local importance also support Historic Preservation Ordinance requirements for the preservation, rather than replacement, of historic architectural elements.

6. That no CEQA environmental review is required for projects that are considered administrative and non-discretionary nature, and can be approved so long as they meet the requirements of the Visalia Municipal Code.

BE IT FURTHER RESOLVED that the City Council hereby denies the appeal and upholds the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025- 05 on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section 17.56.060 of the Ordinance Code of the City of Visalia, and based on the above findings.
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Resolution No. 2025-27
PASSED AND ADOPTED: May 5, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

Dated:May 6, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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HPAC Item No. 2025-05 – Window Replacement

EXHIBIT B
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April 18, 2025
Kevin Fistolera
420 North Court Street
Visalia, CA 93291
RE: Historic Preservation Advisory Committee Item No. 2025-05 (410 North Court Street)
On April 9, 2025, the Historic Preservation Advisory Committee (HPAC) reviewed your request to replace 48 windows on a single-family residence located in the DMU (Downtown Mixed Use) Zone, located at 410 North Court Street (APN: 094-271-006). A motion to approve the request was denied by the HPAC by a vote of 5 to 2 (Committee Members Jay Hohlbauch and Michael Tomola voted to approve the request). The denial of the request was based upon the following findings:

Findings:

City of Visalia Planning Division
315 E. Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4359; Fax: (559) 713-4814 475 474
There is a 10-day appeal period for this action from the date of approval. Any appeal of an action by the Historic Preservation Advisory Committee shall be heard by the Visalia City Council. If you have any questions, please contact me at (559) 713-4443 or e-mail [email protected]
Regards,
Cristobal Carrillo,
Associate Planner
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HPAC Item No. 2025-05 – Window Replacement

REPORT TO THE CITY OF VISALIA

HISTORIC PRESERVATION ADVISORY COMMITTEE
HEARING DATE: April 9, 2025
PROJECT PLANNER: Catalina Segovia, Planning Technician
Phone: (559) 713-4449
E-mail: [email protected]
SUBJECT: Historic Preservation Advisory Committee Item No. 2025-05: A request by Kevin Fistolera to replace 48 windows on a single-family residence located in the DMU (Downtown Mixed Use) Zone. The project site is located at 410 North Court Street (APN: 094-271-006).

STAFF RECOMMENDATION
Staff recommends that the
Historic Preservation Advisory
Committee (HPAC) approve the
request based on the findings
and conditions within this
report.

SITE DATA
The site is zoned DMU
(Downtown Mixed-Use) and
contains a vacant residence
and a 10-stall parking lot.

The project site is located within
the Historic District and is listed
on the Local Register of Historic
Structures with a “Focus”
classification. The structure contains “Craftsman” and “Bungalow” style architectural elements.

PROJECT DESCRIPTION
Per the operational statement in Exhibit “B”, the applicant is requesting approval to remove and replace all the windows of the residence, numbering 48 in total. Per the development plan in Exhibit “A”, the applicant will be replacing the windows with Milgard V300 Trinsic vinyl windows, and rebuilding wood screens for use on the building.

Per the applicant, the replacement is required due to the age and deterioration of the original windows. The applicant states that the windows must be replaced to better secure the building from vandalism and break ins.

DISCUSSION
Development Standards
The footprint of the structure will not be altered as a result of the proposal. As such, the proposed improvements will comply with all development standards of the D-MU Zone. 477 476
HPAC Item No. 2025-05 – Window Replacement
Architectural Compatibility
Visalia Municipal Code Section 17.56.110 contains criteria for review of exterior alterations to structures listed on the Local Register. Criteria is aimed towards preserving original and distinguishing features of Local Register structures. This includes emphasis on the following:
• The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. • Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity. • Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

Due to their design, variety, and placement, the windows are considered a distinguishing feature of the building. If they are to be replaced, the applicant must demonstrate that replacement is necessary, and that the replacement materials match the original in “…composition, design, color, texture, and other visual qualities.” In this instance, the applicant has submitted evidence that the windows are in disrepair (see site pictures in Exhibit “B”). Staff also concluded a site visit on April 4, 2025, and determined that the windows show significant damage, including rotted wood frames and broken glass panes.

The proposed window replacement would maintain the building’s original character. Features such as window trim and sills would remain. New windows and wood screens will be conditioned to maintain the same features as the original windows, such as their operating mechanism and style, mullion patterns and spacing, frame dimensions and profiles, and sightlines and proportions (see Condition No. 2). The applicant will also rebuild wood window screens for use on the building (Condition No. 3). These rebuilt screens will match the original screens and will help maintain the building’s original character. With the application of these conditions, the proposal will preserve the overall historical integrity of the structure.

FINDINGS AND CONDITIONS
For HPAC Item No. 2025-05 staff recommends that the Committee approve the window change out to the residence, subject to the findings and conditions listed below:

Findings

1. That the project site is listed on the Local Register of Historic Structures and is within the Historic District.

2. That the proposal will be consistent with uses onsite, the surrounding area, and the Historic District.

3. That the proposal will be consistent with the Historic Preservation Ordinance and Historic Preservation Element.

4. That the proposal will not be injurious to the character of the Historic District. 478 477
HPAC Item No. 2025-05 – Window Replacement
Conditions

1. That the project shall be developed in substantial compliance with the development plan in Exhibit “A and operational statement in Exhibit “B”, except as modified by the conditions below.

5. That all other City codes, ordinances, standards, and regulations shall be met.

ATTACHMENTS
• Exhibit “A” – Development Plan
• Exhibit “B” – Operational Statement
• Aerial Map
• Historic District and Local Register Map

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.56.060, an appeal to the City Council may be submitted within ten days following the date of a decision by the Historic Preservation Advisory Committee (HPAC). An appeal shall be in writing and shall be filed with the City Clerk at 220 N. Santa Fe Street. The appeal shall specify errors or abuses of discretion by the HPAC, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.
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HPAC Item No. 2025-05 – Window Replacement

EXHIBIT B
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HPAC Item No. 2025-05 – Window Replacement

AERIAL MAP
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HPAC Item No. 2025-05 – Window Replacement

HISTORIC DISTRICT & LOCAL REGISTER MAP
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HISTORIC DISTRICT & LOCAL REGISTER MAP
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0192 Agenda Date: 6/2/2025 Agenda #: 9.

Agenda Item Wording:

Capital Improvement Program - Approve updates to the Fiscal Year 2025/26 Wastewater Capital Improvement Program Budget, and appropriate an additional $24,760,000 from the Wastewater Fund.

Prepared by:

Rehana Cale, Senior Project Manager (559) 713-4176, [email protected] Ben Litwack, Public Works Manager (559) 713-4716, [email protected] Department Recommendation: Staff recommends that City Council approve updates to the FY 2025/26 Wastewater Capital Improvement Program (CIP) Budget, and appropriate an additional $24,760,000 from the Wastewater Fund (431).

Summary:

The City contracted with Carollo in 2023 to conduct a condition assessment and to develop both a near-term Facility Plan and a 20-year Master Plan. Carollo identified $70 million in near-term projects, including upgrades to sludge systems, UV disinfection capacity, and construction of a new anaerobic digester, with $24,760,000 recommended for immediate action. On June 26, 2024, Council adopted the updated Master Plan, that included these projects. However, budget amendments are needed to accommodate them. Because the City operates on a biennial budget approval process and these projects will need appropriations in advance of the next budget approval cycle, Staff worked to compile the updated Capital Improvement Program budget for fiscal year 2025/26. This fiscal year is being brought for approval, including requested appropriations for these projects, with four additional planning years shown for reference, as is typical through the standard City-wide budget process.

Background Discussion:

In 2018, the City completed a $150 million upgrade to the City’s Water Reclamation Facility (WRF).

This project made various improvements throughout the plant utilizing a tertiary treatment process, thus creating the ability to produce California Title 22 compliant recycled water using membrane bioreactor (MBR) treatment, and ultraviolet (UV) disinfection technologies. However, the significant upgrades completed in 2018 made major changes to the treatment processes and increased Plantwide efficiencies, focused on certain components and processes within the Plant, but did not increase the overall design capacity of the entire facility. Since the last major upgrade project in 2018, influent industrial flow loadings for biochemical oxygen demand (BOD) and total suspended solids (TSS) have increased drastically. This, coupled with successful water conservation efforts throughout the City, while beneficial from a water usage standpoint, have changed and impacted the consistency of flows entering the plant. These changes have skewed the overall perception of available capacity of the Plant. While the permitted capacity of the facility is 18 mgd and current annual average flows Visalia City Council Page 1 of 5 Printed on 5/30/2025
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of the Plant. While the permitted capacity of the facility is 18 mgd and current annual average flows are 12.6 mgd, higher loadings cause strains and upsets on the solids handling system including the thickening, digestion, and dewatering processes. These changes have affected the operations of the facility and its overall available functional capacity.

While the WRF discharge continued to meet effluent limitations, it was prudent for the City to evaluate the long-term impacts of the changes on the plant and its ability to maintain discharge requirements, continue efficient operations, and accommodate future growth. Due to the deteriorating condition of some process areas, the increased loading at the WRF, along with several other operational and maintenance issues, Staff identified the need for an overall facility assessment and the development of a near-term Facility Plan to evaluate the current flows, loads, and facility conditions.

On April 3, 2023, Council approved a contract with Carollo to perform a Condition Assessment, Facility Plan and Master Plan update. The Facility Plan would provide a 6-year strategy for near-term improvements, and the Master Plan Update would include a 20-year roadmap to plan for build-out growth conditions and long-term improvements. This process would help evaluate the current planned Capital Improvement Projects Program, prioritize improvements, and address any needs for future expansion.

On February 20, 2024, Council received a report and presentation on the Condition Assessment, Facility Plan, and Master Plan Update for the Water Reclamation Facility. Carollo found the majority of the facility to be “generally in good to acceptable condition.” But, using their process model to analyze the flows and loadings throughout the Plant, Carollo found it to be effectively functioning at a significantly lower capacity than currently designed. Whereas the limiting factors in the Plant were designed to accommodate 18 mgd (as currently configured), given the current make-up of the wastewater entering the facility, the results showed the Plant’s current total capacity is effectively

13.9 mgd. For context, the Plant experiences average annual flows of 12.6 mgd. The report also identifies deficiencies in “firm capacity,” defined as “the capacity with the largest unit out of service,” or effectively the necessary redundancy required of each treatment process to account for equipment failures, breakdowns, or required service. While the facility can accommodate existing and immediately projected growth volumes, improvements are necessary to address projected growth, meet ongoing regulatory requirements, and provide for necessary operational reliability and redundancy. With this information, Carollo identified several near-term projects needed to meet and improve existing operational compliance, while maintaining the ability to accommodate ongoing increased demand. The tables included in this report provide estimated costs and a proposed timeline for these near-term improvement projects, totaling an estimated $70 million over the next 5 years. The suggested capital improvements are the following:
· Construction of Additional Sludge Drying Beds - The WRF is running out of space to dry the dewatered sludge that comes off the end of the screw presses. New beds are needed to accommodate the larger amount of solids entering the plant. In addition, a 3rd Screw Press is needed. Staff is currently renting a Belt Filter Press because incoming solids loadings overwhelmed the two screw presses at the WRF. A permanent 3rd screw press will be installed to replace the rental unit.
· Construction of a New Anaerobic Digester - A new digester, Digester 9, will need to be Visalia City Council Page 2 of 5 Printed on 5/30/2025
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constructed to accommodate the solids loadings that are projected to enter the plant. · UV Disinfection Capacity Expansion - The UV system will need to be expanded in order to disinfect the higher volumes of water that are projected to enter the plant. · Construction of a Digester Draining Pond - The upgrade in 2018 filled in the area that was once used to drain the digesters for routine maintenance. As a result, the digesters have not been completely drained, assessed, and serviced in at least 8 years. A digester draining pond will need to be constructed to reinstitute a regular maintenance cleaning cycle for the digesters.
· TWAS Line Improvements - The Thickened Waste Activated Sludge line, which runs from the Gravity Belt Thickener (GBT) to the Digesters, needs to have cleanouts installed in order to flush accumulated grit regularly. Doing so will allow the GBT to thicken to a greater degree and reduce the hydraulic load to the digesters.

On June 26, 2024, Council approved and adopted the Master Plan, which contained the projects identified in the Facility Plan and identified additional projects needed over a 20-year horizon. Since this approval took place after the current budget adoption (June 17, 2024), it was assumed that staff would have to bring an amended budget to Council once reasonable cost estimates could be determined. Carollo has since generated their 100% plans for the Solids Handling Project and associated cost estimates for the near-term projects described in their Master Plan.

In addition to the projects identified by Carollo, staff also made amendments to identify the need for a new Polymer Mixing Skid for the Gravity Belt Thickener. The current skid is decades old and performing poorly, leading to excessive and costly chemical usage and operational difficulties. Staff also identified the need to increase the budget for Digester Maintenance since, after the construction of the new Digester Draining pond, funds will need to be budgeted for the long overdue maintenance and servicing of the digesters.

The list below includes new projects, totaling $70,000,000, with $24,760,000 being requested for FY 25/26. Below is a summary of the projects:

Fiscal Impact: The Wastewater Fund currently has available cash to fund projects requested in FY 25/26 as shown in table below. The large cash balance has been accumulating to fund capital replacements, operating maintenance changes, and the current debt which was for the 2018 Visalia City Council Page 3 of 5 Printed on 5/30/2025
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replacements, operating maintenance changes, and the current debt which was for the 2018 expansion. This debt currently has a balance of $79 million and will not be paid off until 2048. The Fund currently has $300+ million in assets which includes many miles of sewer pipes that will need to be replaced over time. The value of these assets are not in today’s cost but from when they were installed, purchased, or improved. Replacements of many of these assets have been deferred over the years which will also need to be addressed in the upcoming years that is not shown in the current 6 year plan (below).

Of the five projects, there is a project that expands the digester capacity. In the past, all expansion projects included a rate increase. The last rate increase was done over a three-year period (2010- 2012). Staff is only requesting to appropriate the design phase as the WRF is currently undergoing a rate study with Carollo Engineers. This rate study will help address long-term liabilities to fund the necessary improvements. The expansion project will not be able to move forward without a rate increase.

Prior Council Action:

April 3, 2023: Council approved a contract with Carollo to perform a Condition Assessment, Facility Plan, and Master Plan Update for the WRF.

December 18, 2023: Council approved Contract with Carollo for engineering services related to the identified near-term projects.

December 18, 2023: Council approved a request from the Goshen Community Services District to increase sewer discharge capacity.

February 20, 2024: Council received a report and presentation on the Facility Plan, Condition Assessment, and Master Plan update for the WRF.

June 3, 2024: Council received a final report and presentation on the WRF Master Plan.

August 19, 2024: Council approved and adopted the updated Master Plan for the Water Reclamation Facility.

Visalia City Council Page 4 of 5 Printed on 5/30/2025
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Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to approve updates to the FY 2025/26 Wastewater Capital Improvement Program (CIP) Budget, and appropriate an additional $24,760,000 from the Wastewater Fund (431).

Environmental Assessment Status: N/A
CEQA Review: Notice of exemption 2024-41 was prepared for the updated Master Plan and submitted on 9/6/2024, and received no responses.

Deadline for Action: 6/2/2025
Attachments: None
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0205 Agenda Date: 6/2/2025 Agenda #: 10.

Agenda Item Wording:

Measure T District Tax Recertification - Recertify the Measure T plan for Fiscal Year 2025/26.

Prepared by: Renee Nagel, Finance Director 713-4375 [email protected] Amee Swearingen, Financial Analyst 713-4170 [email protected].

Department Recommendation: It is recommended that the Council recertify the Measure T expenditure plan for the new fiscal year July 1, 2025 to June 30, 2026 (FY 2025/26) as required per the plan to be done annually; and to continue with the existing plan until all staffing levels and projects have been met.

Summary:

In March of 2004, the voters of Visalia passed a Sales Tax Override measure to increase public safety in the community. The plan had several accountability components to assure that the City was accountable to the public, namely:
· An independent auditor will annually review and audit expenditures to ensure monies are spent as outlined in the plan.
· The Citizens Advisory Committee will annually review revenues and expenditures, providing a second independent verification.
· Every eight years, a public hearing will be conducted to review the progress of the plan and the continuing need for the sales tax. To continue the sales tax measure, a supermajority vote (4/5ths) is required. The public hearing is held the first meeting of January starting January 2013, then January 2021, and continuing every 8 years thereafter. · Annually in June, the City Manager will recertify the expenditure plan for the upcoming fiscal year to City Council.

This report meets the annual requirements mentioned above.

Background Discussion:

In 2004, City of Visalia voters approved a measure to increase sales tax by ¼ cent. This was known as Measure T and the sales tax revenues generated by the voter-approved measure are earmarked for public safety. The sales tax is shared 60% police and 40% fire. Thus, the City maintains two funds: Measure T - Fire and Measure T - Police. The measure uses a detailed, 20-year plan which includes hiring of personnel, construction of capital projects, and equipment purchases. The plan requires each fund to maintain an economic uncertainty fund which is to be used if revenues do not cover expenditures.

Annually the plan is required to be recertified by Council and every eight years an effectiveness review of the sales tax measure and the need to continue it. The next effectiveness review is scheduled for January 2029. For the annual recertification, staff brings all the completed elements and a projection of both the funds revenues and expenditures. Plan elements implemented to date Visalia City Council Page 1 of 6 Printed on 5/30/2025
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are as follows:
· Two Police substations built
· 23 Police Officers hired and vehicles purchased (reduced from 28 due to revenue shortfalls and as directed by the City Council at their June 20, 2011 meeting) · 13 Firefighters hired (reduced from the original plan of 18) · Added 1 Administrative Fire Captain and 1 Battalion Chief · Built Fire Station 55 and Training Facility
· Built Fire Station 53
· Purchased 2 New Fire Trucks
· Built Visalia Emergency Communication Center
In addition, the plan requires both police and fire portions of the funds to contribute towards the construction of the Public Safety building. The construction bid was awarded at Council on May 5, 2025 and was not recommended to contribute towards the facility due to the funds operating on an amended plan. If funds are available in the future, staff recommends adding staff as outlined in the original plan.

It is important to remember that the original Measure T plan was not balanced from its inception and included a structural deficit. The original Measure T plan was adopted with a deficit after the first 20 years. The plan anticipated that the solution for the deficit would be funded by 1) greater than expected revenues, 2) less than expected costs; or 3) addition General Fund revenues. In reality, Measure T had several years of revenues being lower than the plan and higher expenditures due to increased personnel costs (PERS and health), construction, and vehicle costs. In addition, the General Fund has had limited available resources due to the same increased costs.

To keep the Measure T funds from going negative, the City has taken several remedial actions over the years, specifically:
· Reduced Police Officers allocation by 5 (2 through attrition & 3 transferred to the General Fund). The current number of officers is 23 reduced from 28. · Fire original plan was for 14 positions and was amended to add 4, bringing the total to

18. During the economic downturn this was amended to 15 and then again in June 2019 which moved the Battalion Chief and Administrative Captain to Measure N bringing the total Fire position allocation to 13 which is 1 less than the original plan. · Declared a fiscal emergency for fiscal years 09/10, 10/11, 11/12, and 12/13 · Maximum of 1 vacancy is allowed in each Measure T fund These changes helped reduce operating expenses, which allowed the funds to no longer be in a deficit. The last year of the 20-year plan is FY 2024/25 (year 1 began in FY 2004/05). Staff recommends continuing to fund the plan elements outlined and add staff back, per the original plan, as funding becomes available.

Sales Tax
Last fiscal year, Measure T decreased by -6%. This decrease is due to sales tax realigning after the COVID stimulus funds and less disposable income to use on purchases. Measure T sales tax growth Visalia City Council Page 2 of 6 Printed on 5/30/2025
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COVID stimulus funds and less disposable income to use on purchases. Measure T sales tax growth and declines are not the same as the General Fund sales tax due to not receiving any of the general 1% sales tax. It only receives the additional ¼ cent tax. The difference is due to how district sales taxes are applied compared to general sales taxes in two main areas: car sales and business to business sales. District sales tax is applied to the City the car is registered in, not the City it is sold in.

Therefore, for Visalia to receive the district sales tax for the purchase of a vehicle, that vehicle would have to be registered in Visalia. If a resident from Dinuba purchases a vehicle in Visalia, Visalia would receive their local 1% share of the State sales tax but would not receive any of the district taxes (Measure T & N). Likewise, Business to Business sales tax works the same way. One of the areas that Visalia has seen a large sales tax growth is in Business-to-Business sales. These transactions do not help Measure T as they do our General Sales Tax.

Chart 1 - Measure T Revenues, shows the projected sales tax to be above the amended plan expenses for the for FY 2025/26.

Chart 1 - Measure T Revenues & Expenditures
Fire Measure T
The majority of expenditures for the Fire Measure T fund are for salary and benefits, as shown in Table 1 - Fire Measure T Projections. The five-year projection is conservative and has the sales tax growing annually at 1.5%. The fund is projected to have an operating surplus of $0.5 million which brings the fund balance to $6.8 million at the end of this fiscal year. The end of year surplus is projected to decrease annually, mainly due to the increase in salary and benefit costs.

Table 1 - Fire Measure T Projections
Amended Plan
19/20 - 13 firefighters - no admin captain or BC
FY23/24
Actuals
FY24/25
Budget
FY24/25
Projection
FY25/26
Projection FY26/27 FY 27/28 FY 28/29 FY 29/30
Revenues
Sales Tax Revenues 3,686,044 3,634,100 3,741,300 3,797,400 3,854,400 3,912,200 3,970,900 4,030,500 Interest & Strike Team 302,222 146,100 287,000 180,600 182,400 184,200 186,000 187,900 Visalia City Council Page 3 of 6 Printed on 5/30/2025
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Amended Plan
19/20 - 13 firefighters - no admin captain or BC
FY23/24
Actuals
FY24/25
Budget
FY24/25
Projection
FY25/26
Projection FY26/27 FY 27/28 FY 28/29 FY 29/30
Revenues
Sales Tax Revenues 3,686,044 3,634,100 3,741,300 3,797,400 3,854,400 3,912,200 3,970,900 4,030,500 Interest & Strike Team 302,222 146,100 287,000 180,600 182,400 184,200 186,000 187,900 Total Revenues 3,988,266 3,780,200 4,028,300 3,978,000 4,036,800 4,096,400 4,156,900 4,218,400 Expenditures
Salaries and Benefits 2,695,915 2,887,000 2,998,500 3,161,200 3,256,000 3,353,700 3,454,300 3,557,900 Operating Expenditures 443,040 520,900 523,900 513,400 528,800 544,700 561,000 577,800 Capital 538 - - - - - -
Total Expenditures 3,139,493 3,407,900 3,522,400 3,674,600 3,784,800 3,898,400 4,015,300 4,135,700 Surplus/(Shortfall) 848,773 372,300 505,900 303,400 252,000 198,000 141,600 82,700 Beginning Fund Balance 5,376,079 6,224,852 6,224,852 6,714,665 6,972,405 7,191,345 7,355,265 7,461,795 Operating Surplus/(Deficit) 848,773 372,300 505,900 303,400 252,000 198,000 141,600 82,700 Transfer Economic Uncert Fund (16,087) (45,660) (33,060) (34,080) (35,070) (36,120) Ending Fund Balance 6,224,852 6,597,152 6,714,665 6,972,405 7,191,345 7,355,265 7,461,795 7,508,375 Economic Uncertainty Fund Balance 1,040,633 1,040,633 1,056,720 1,102,380 1,135,440 1,169,520 1,204,590 1,240,710 Economic Uncertainty Fund calculation change to 30% of operating expenditures starts in 24/25 Measure T - Police
Police Measure T revenues have exceeded the expenditures since FY 2012/13 due to the reduction in police officers. This reduction, as well as reducing the VECC contribution, has allowed the fund to have a surplus at the end of each year. Like Fire, the majority of the expenditures are for salary and benefits which consists of 23 officers as shown in Table 2 - Police Measure T Projection. The fiveyear projection is conservative and has the sales tax growing annually at 1.5%. The fund is projected to have a surplus of $1.0 million which brings the fund balance to $9.3 million at the end of this fiscal year. The Police Measure T Fund contributes $151,200 (9.6% of total debt payment) towards the annual VECC debt payment which started in fiscal year 15/16 and will end in December 2029. Per the original Measure T plan, this fund would be paying 25% ($284,500 annually) of the debt payment.

Since revenues could not cover the full debt payment, staff reduced the Measure T portion of the annual debt payment to $151,000. In addition, the General Fund is carrying three Measure T officers.

Each officer costs approximately $151,000. The end of year surplus is projected to decrease annually due to salary and benefit costs increasing more than revenues.

Table 2 - Police Measure T Projections
Amended Plan (28 to 23, 3 are in GF)
Total 23 officers
FY23/24
Actuals
FY24/25
Budget
FY24/25
Projection
FY25/26
Projection FY26/27 FY27/28 FY28/29 FY29/30
Revenues
Sales Tax Revenues 5,529,066 5,451,200 5,612,000 5,696,200 5,781,600 5,868,300 5,956,300 6,045,600 Interest & Grant Reimb 340,790 101,000 190,100 186,100 188,000 189,900 191,800 193,700 Total Revenues 5,869,856 5,552,200 5,802,100 5,882,300 5,969,600 6,058,200 6,148,100 6,239,300 Expenditures
Salaries and Benefits 3,458,954 4,074,300 3,953,200 4,394,100 4,525,900 4,661,700 4,801,600 4,945,600 Operating Expenditures 684,454 892,900 665,300 688,100 708,700 730,000 751,900 774,500 Debt Payment (VECC) 151,180 151,190 151,190 151,060 151,060 151,060 151,060 151,060 Total Expenditures 4,294,588 5,118,390 4,769,690 5,233,260 5,385,660 5,542,760 5,704,560 5,871,160 Surplus/(Shortfall) 1575268 433810 1032410 649040 583940 515440 443540 368140 Visalia City Council Page 4 of 6 Printed on 5/30/2025
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File #: 25-0205 Agenda Date: 6/2/2025 Agenda #: 10.

Amended Plan (28 to 23, 3 are in GF)
Total 23 officers
FY23/24
Actuals
FY24/25
Budget
FY24/25
Projection
FY25/26
Projection FY26/27 FY27/28 FY28/29 FY29/30
Revenues
Sales Tax Revenues 5,529,066 5,451,200 5,612,000 5,696,200 5,781,600 5,868,300 5,956,300 6,045,600 Interest & Grant Reimb 340,790 101,000 190,100 186,100 188,000 189,900 191,800 193,700 Total Revenues 5,869,856 5,552,200 5,802,100 5,882,300 5,969,600 6,058,200 6,148,100 6,239,300 Expenditures
Salaries and Benefits 3,458,954 4,074,300 3,953,200 4,394,100 4,525,900 4,661,700 4,801,600 4,945,600 Operating Expenditures 684,454 892,900 665,300 688,100 708,700 730,000 751,900 774,500 Debt Payment (VECC) 151,180 151,190 151,190 151,060 151,060 151,060 151,060 151,060 Total Expenditures 4,294,588 5,118,390 4,769,690 5,233,260 5,385,660 5,542,760 5,704,560 5,871,160 Surplus/(Shortfall) 1,575,268 433,810 1,032,410 649,040 583,940 515,440 443,540 368,140 Beginning Fund Balance 6,480,894 8,056,162 8,056,162 9,088,572 9,737,612 10,245,062 10,713,372 11,108,372 Operating Surplus/(Deficit) 1,575,268 433,810 1,032,410 649,040 583,940 515,440 443,540 368,140 Transfer - Economic Uncert Fund (76,490) (47,130) (48,540) (49,980) Ending Fund Balance 8,056,162 8,489,972 9,088,572 9,737,612 10,245,062 10,713,372 11,108,372 11,426,532 Economic Uncertainty Fund Balance 1,539,210 1,539,210 1,539,210 1,539,210 1,615,700 1,662,830 1,711,370 1,761,350 Economic Uncertainty Fund calculation change to 30% of operating expenditures starts in 24/25 Measure T Economic Uncertainty Fund
In June 2024, Council amended the uncertainty fund policy to be maintained at 30% of operating expenditures to match the General Fund and Measure N. This will start in the current fiscal year (FY 24/25).

Measure T Recertification and Maintenance of Effort Requirement Measure T is required to complete an annual recertification and maintenance of effort (MOE) calculation. The MOE is to ensure that the General Fund monies budgeted for Police and Fire operations does not fall below the previous years’ service level. In the event of an economic emergency, the City Council may only alter this provision by a supermajority (4/5th’) vote. The City meets this calculation for FY 2025/26 as shown in Table 3: FY 2025/26 MOE Calculation.

Table 3 FY 2025/26 MOE Calculation
General Fund 24/25 Budget 25/26 Budget
Budget
Increase/
(Decrease)
Fire Operating Expenditures $ 18,359,500 $ 18,837,300 $ 477,800 Police Operating Expenditures $ 42,252,100 $ 43,756,200 $ 1,504,100 Total $ 60,611,600 $ 62,593,500 $ 1,981,900
Conclusion
Visalia City Council Page 5 of 6 Printed on 5/30/2025
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File #: 25-0205 Agenda Date: 6/2/2025 Agenda #: 10.

Measure T has implemented the majority of the components of the expenditure plan. Previously, the City has taken steps to reduce ongoing operational costs as expenditures have exceeded revenues.

The 5-year projection shows revenues exceeding expenditures which results in cash balances increasing each year. This projection does not include an economic downturn, which would result in less revenues. At this time, staff recommends continuing with the plan and its amendments and will continue to monitor revenues and expenditures to ensure that the funds remain in balance. If the projection continues to be met, staff will return with recommendations to add staff as outlined in the original plan.

Fiscal Impact: N/A
Prior Council Action: Measure T Reauthorization 1/4/21, Recertification annually in June.

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

Recertify the Measure T expenditure plan for FY 2025/26 and continue with the amended plan until all staffing levels and projects have been met.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 6/30/2025
Attachments: None
Visalia City Council Page 6 of 6 Printed on 5/30/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0212 Agenda Date: 6/2/2025 Agenda #: 11.

Agenda Item Wording:

Reappointment of the City Attorney - Approve the reappointment of the City Attorney and Assistants and authorization for City Manager to execute a new agreement with the Peltzer Richardson Law Firm for a two-year period with monthly rates of $50,600 for year one and $52,625 for year two for in-scope and routine matters, and hourly rates of $220 and $150 for special services Prepared by: Reyna Rivera, Chief Deputy City Clerk, 713-4512 [email protected]; Leslie Caviglia, City Manager, 713-4332 [email protected] Department Recommendation: It is recommended that the Visalia City Council authorize the City Manager to execute a two-year agreement with the law firm of Peltzer Richardson, effective July 1, 2025, through June 30, 2027, with the option to extend the agreement for one additional term of one or two years. The agreement includes monthly rates of $50,600 for year one and $52,625 for year two for in-scope and routine legal services, and hourly rates of $220 and $150 for special services. It is also recommended that Ken Richardson continue to serve as City Attorney, with Alex Peltzer and Jim Koontz serving as Assistant City Attorneys.

Summary:

The City has completed its review of legal services provided by Peltzer Richardson and determined that continued engagement with the firm is in the City’s best interest. The proposed agreement outlines compensation adjustments, clarifies the scope of routine and special legal services, and includes provisions for litigation management and coordination. The agreement formalizes a two-year term beginning July 1, 2025, and identifies designated individuals to continue serving in the roles of City Attorney and Assistant City Attorneys.

Background Discussion:

The City Council recently completed a review of the legal services provided by Peltzer Richardson and expressed satisfaction with the firm’s performance and the quality of its professional legal services. Based on this positive evaluation, the Council has indicated a desire to continue the relationship under a new agreement for the period of July 1, 2025, through June 30, 2027.

The proposed agreement includes a monthly fee increase from $48,685 to $50,600 for the first year, representing an increase of approximately 3.93%. In the second year, the monthly fee will rise to $52,625. Hourly rates for special legal services will increase from $187.25 to $220 and $150, depending on the type of service.

In addition to the updated compensation, the agreement includes the following new or clarified provisions:
· Outside legal counsel oversight: The City Attorney will manage and coordinate the work of all outside legal counsel at the direction of the City Council and City Manager, including tracking the cases/assignments, receiving updates from the firms, and reviewing and tracking billing statements before they are submitted for payment.
· Defined Special Services: Certain activities are classified as "Special Services" and will Visalia City Council Page 1 of 2 Printed on 5/30/2025
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File #: 25-0212 Agenda Date: 6/2/2025 Agenda #: 11.
· Defined Special Services: Certain activities are classified as "Special Services" and will require prior written approval from the City Manager. These include:
o Negotiations involving real estate or right-of-way acquisitions and dispositions. o Retained litigation matters involving limited court appearances where Peltzer Richardson is best positioned to represent the City directly and cost-effectively, especially in cases like eminent domain or CEQA litigation. o Legal services related to SGMA (Sustainable Groundwater Management Act), water rights, and groundwater fee matters.

The draft agreement will be updated to include insurance requirements consistent with current City standards.

Fiscal Impact: The contract will increase the in-scope/routine matters fee by $1,915/month in the first year and $3,940/month in the second year, compared to the current rate of $48,685/month. This brings the annual contract total to $607,200 for FY 2025-26 and $631,500 for FY 2026-27. The fiscal impact of the hourly rate for special services will vary depending on the City’s needs.

Prior Council Action:
1998 - 2025 - Some variation of this firm has been the firm that contracted to serve as the City Attorney since 1998. While the partners in the firm have change over the years and the firm has evolved, there has been a consistent transition through this process. In the past three contracts, the term has been for two years.

Other: N/A
Alternatives: Begin the Request for Proposal process to solicit a new firm; choose a different term for the contract.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a new agreement with the Peltzer Richardson law firm for a two-year term, effective July 1, 2025, through June 30, 2027, with monthly compensation of $50,600 in the first year and $52,625 in the second year for in-scope services, and hourly rates of $220 and $150 for special services and to appoint the designated individuals as City Attorney and Assistant City Attorneys.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 6/30/2025
Attachments: Draft Agreement
Visalia City Council Page 2 of 2 Printed on 5/30/2025
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City Attorney Legal Services Agreement

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Visalia City CouncilJune 2, 2025

Visalia City Council
June 2, 2025