Visalia City Council
July 21, 2025

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 THIS AGREEMENT made and entered into on last date signed by and between the State ofCalifornia, Governor’s Office of Emergency Services, hereinafter referred to as Cal OES; the State of California, Department of Forestry and Fire Protection, hereinafter referred to as CAL FIRE; the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management (BLM), California State Office, Interior Regions 8 and 10; the USDI National Park Service (NPS), Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service (FWS), Regions 8 and 10, and USDI Bureau of Indian Affairs (BIA), Pacific Region, hereinafter referred to as the Federal Fire Agencies; all parties hereinafter referred to as Cal OES, CAL FIRE, and the Federal Fire Agencies, under the provisions of the Reciprocal Fire Protection Act, 42 USC 1856 and 1856a, the Disaster Relief Act of 1974, PL 93-288, as amended, and The Federal Land Policy and Management Act of 1996, (PL 94-579, Sec, 307(b)).

NAME
This Agreement shall be entitled “Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies”, hereinafter referred to as the California Fire Assistance Agreement, CFAA, or The Agreement.

RECITALS

1. The Federal Fire Agencies are responsible for providing a level of wildland fire protection for federal lands, as designated by Congressional action and Federal policy; and

2. CAL FIRE is responsible for providing a level of wildland fire protection for State Responsibility Area lands, as designated by the State Board of Forestry and Fire Protection; and

AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY

ASSISTANCE TO THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES Between
STATE OF CALIFORNIA, GOVERNOR’S OFFICE OF EMERGENCY SERVICES; STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION; USDA FOREST SERVICE, PACIFIC SOUTHWEST REGION;

USDI BUREAU OF LAND MANAGEMENT, CALIFORNIA STATE OFFICE, INTERIOR REGIONS 8 and 10;
USDI NATIONAL PARK SERVICE, INTERIOR REGIONS 8, 9, 10, and 12; USDI FISH AND WILDLIFE SERVICE, INTERIOR REGIONS 8 and 10; and

USDI BUREAU OF INDIAN AFFAIRS, PACIFIC REGION
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USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020

3. For efficiency and effectiveness, CAL FIRE and the Federal Fire Agencies may exchange wildland fire protection areas responsibilities with the understanding that Local Responsibility Area landsare not part of this Agreement or included in the exchange; and

4. Cal OES is responsible to provide for systematic mobilization, organization, and operation of necessary fire and rescue resources through the California Fire and Rescue Mutual Aid System in mitigating the effects of disasters and to ensure that the responding agencies understand and comply with the terms and conditions of the Agreement applicable to their response; and

5. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies, at times of severe wildfire conditions and other emergencies, often have need of emergency apparatus and/or personnel to provide fire protection or perform other tasks during control actions; and

6. Cal OES, through the California Fire and Rescue Mutual Aid System, has such emergency apparatus and personnel, which may be available in the spirit of cooperation for dispatch and use; and

7. It is desirable that Cal OES, CAL FIRE, and the Federal Fire Agencies establish and enter into an Agreement for the prudent use of such emergency apparatus and personnel; and

8. Cal OES, CAL FIRE, and the Federal Fire Agencies will generally use the Agreement for engines, water tenders, and overhead to address incidents once local agreement resources are exhausted, or where a local agreement is not in place; and

9. Cal OES may use the Agreement to mobilize all-hazard resources when warranted by its authority; and

10. Cal OES and the Federal Fire Agencies will use the Agreement to order the appropriate aviation resources when a mobilization cannot be executed through a local unit agreement; and

11. The Agreement may be used to reimburse rostered California Interagency Incident Management Team members (CIIMT); and

12. Cal OES, CAL FIRE, and the Federal Fire Agencies shall use this Agreement for reimbursing local government agencies for the use of their resources. Annual operating plans may be utilized at the local level to facilitate administrative andoperational issues; and

13. When this Agreement is exercised to obtain Cal OES resources and/or resources through the California Fire and Rescue Mutual Aid System, those resources will be reimbursed pursuantto this Agreement; and

14. When ordering local agency apparatus and personnel in Recital 5 of this Agreement from other local agencies through the California Fire and Rescue Mutual Aid System, a local agency may utilize this Agreement asthe fiscal authority for reimbursing other local agencies; and 255
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CAL FIRE# 7CA004953
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BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020

15. Responsibility for determining the basis for requesting assistance through this Agreement rests with the Incident Commander or through the Emergency Command Center. The Incident Commander is responsible for all assignments and tactical decisions for resources obtained through this Agreement.

16. Agreement Committee

16.1 California Fire Assistance Agreement Committee. A California Fire Assistance Agreement Committee (the ‘Committee’) shall be formed by Cal OES for the purpose of negotiating the terms of the CFAA, and for maintenance of the Agreement. For the purposes of coordination, Cal OES Fire and Rescue Division’s State Fire and Rescue Chief, or the Chief's designee, shall serve as theChairperson.

16.2 Composition of the Committee. The Committee shall consist of representatives from Cal OES, CAL FIRE, the Federal Fire Agencies, and three advisory representatives from local government fire agenciesin California: one from Northern California, one from Southern California, and one representing volunteer fire departments. The local government agency representatives shall be appointed by the Chairperson of the State of California Fire and Rescue Advisory Committee/FIRESCOPE, Board of Directors.

16.3 Committee Meetings. The Committee will meet quarterly via conference call, video conferencing, or in person.

16.4 Rate Letter. The Committee will meet at a minimum in person once a year (January) to establish the Base Administrative Rate, Personnel Base Rates, and Equipment Rates to become effective upon publication of the “Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies Rate Letter” (Rate Letter) each year. These rates will be published annually by Cal OES Fire and Rescue Division in a Rate Letter.

The Committee will review the Salary Rates and Administrative Rates on file with Cal OES Fire and Rescue Division, as well as negotiate procedural changes. The Salary Rates and Administrative Rates, are subject to change throughout the year due to labor negotiations, cost of living increases, etc.

After the annual or emergency exhibit review by the Committee, Cal OES will publish annually rates, formulas, and methodologies in the Rate Letter. Rates will become effective on the date(s) provided in the Rate Letter. In addition, Cal OES will provide a copy of the Rate Letter directly to each signatory agency’s point of contact.

16.5 Changes to Equipment Rates. Cal OES will monitor and track the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates. If a change in schedule occurs after the publication of the most recent Rate Letter, the Committee will conduct a meeting to formally discuss the new rates, and determine if they are valid for a revised Rate Letter publication.

Cal OES will forward the revised rates to the signatory agencies for a two-week review. Once the 256
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BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 review process is complete, and the rates approved by the Committee, Cal OES will publish a revised Rate Letter to the California Fire and Rescue Mutual Aid System Agencies.

16.6 Meetings to re-negotiate the Agreement. It is recommended the Committee schedule meetings to begin no later than fifteen (15) months before the expiration date of the CFAA for the purpose of re-negotiation, as well as produce the final document for signatures no later than six months before the expiration date of the Agreement.

The Committee will meet as necessary to make adjustments or changes to the Agreement.

THEREFORE, it is agreed as follows:

TERMS AND CONDITIONS
CFAA Exhibits and Amendments to Exhibits

17. The parties agree the Committee will, by no later than March 30th of each year, recommend amendments to the incorporated exhibits. The parties agree to cooperate in good faith to consider and agree to any amendments by April 15th of each year.

A party requesting to amend the exhibit(s) to the CFAA after March 30th will notify Cal OES.

The Committee will meet as soon as practicable to discuss the request and make any recommendation to the parties regarding the requested amendment. The Committee will notify the parties of any recommended amendments, and if agreeable to the parties, the parties will amend the exhibits to reflect the changes no later than fifteen (15) days after the Committee’s recommendation.

Subject to the requirements in Recital 18, the parties acknowledge that amendments may be required under emergency circumstances, and that the parties may make any required amendments using any reasonable means of negotiating and agreeing to amendments under emergency circumstances.

The Committee will provide recommended amendments in two formats:

1. A copy of the proposed amended exhibit(s) reflecting additions, and proposed deletions in track changes or similar format so that additions are displayed in underline and deletions are displayed with strikethrough.

2. A copy of the proposed amended exhibit(s) without track changes or similar format, which will represent the final version of the amended exhibit if the parties agree to the changes. 257
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BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Incorporation of Exhibits and Amended Exhibits

18. All exhibits to the CFAA are incorporated into the CFAA. Amendments to exhibits will be made by addendum to the CFAA. The addendum will be signed by each party, and will include a list of exhibit(s) and revision date of the exhibit(s), a statement that the parties agree to adopt the changes reflected in the proposed amended exhibit(s) attached to the addendum, and an effective date. The addendum will also include, as attachments to the addendum, the proposed amended exhibit(s) in track changes or similar format.

Amendments to exhibits will be adopted upon all parties signing the addendum and immediately incorporated into the CFAA. The exhibits to the CFAA will thereafter be updated to reflect any changes effectuated by the approved addendum.

Requests for and Release of Emergency Apparatus and Personnel

19. Under this Agreement, Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies may request emergency apparatus and personnel from the California Fire and Rescue Mutual Aid System. Resources ordered pursuant to this Agreement will be processed through the California Fire and Rescue Mutual Aid System. Cal OES will fill these orders by following the procedures set forth in the California Fire Service and Rescue Emergency Mutual Aid Plan.

20. Cal OES, CAL FIRE, and the Federal Fire Agencies will use the current resource order form of record for all requests. Cal OES, CAL FIRE, and the Federal Fire Agencies shall not be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). Cal OES, CAL FIRE, and the Federal Fire Agencies are responsible for documenting within the request that the resources are being ordered under this Agreement.

21. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies’ release or reassignment of emergency apparatus used pursuant to this Agreement will be coordinated through the on-scene Cal OES Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. The Cal OES Chief Officer, or representative, will ensure the inspection and inventory of such emergency apparatus prior to the release to its home base in accordance with incident-established inspection and demobilization procedures.

Protective Clothing and Equipment

22. It shall be the responsibility of the jurisdiction sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by the most currentversion of the rules found in California Code of Regulations, Title 8, Section 3410, Article 10.1, Section 3401, et seq.

Emergency Apparatus

23. Emergency apparatus shall meet minimum FIRESCOPE ICS type standards, when applicable. 258
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Communications Capabilities

24. Operational Equipment and Operational Personnel. It shall be the responsibility of the jurisdiction sending resourcesto ensure adequate communications capability. Adequate communications capability is identified and defined in the Statewide FIRESCOPE Frequency Plan.

Reimbursement Procedures

25. Provisions and procedures for reimbursement by Cal OES, CAL FIRE, and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit “A”, Reimbursement Policy and Procedures. CAL FIRE and the Federal Fire Agencies will provide Cal OES Fire and Rescue Division with current billing addresses. Reimbursement for personnel on Cal OES-owned emergency apparatus shall be to local jurisdictions that provide such personnel by apparatus assignee Agreement with Cal OES.

26. It is the goal of Cal OES, CAL FIRE, and the Federal Fire Agencies to establish a systemthat supports the electronic processing of salary surveys, invoices, and other pertinent documents.

Reimbursement for Emergency Apparatus Loss or Damage

27. Cal OES, CAL FIRE, and the Federal Fire Agencies will reimburse California Fire and Rescue Mutual Aid System Agencies providing resources through the California Fire and RescueMutual Aid System for the cost of emergency apparatus or equipment loss or damage where the loss or damage is determined to be directly attributable to the incident, and where the local agency, its employees, and/or operational failures in the emergency apparatus or support equipment are not a contributing factor to such damage or loss. Loss or damage to local agency emergency apparatus or support equipment while traveling from the home unit to the incident or from an incident to the home unit, and repairs due to normal wear and tear or due to negligent or unlawful operation by the operator, shall be the responsibility of the local agency providing the emergency apparatus or support equipment.

Loss or damage to local agency emergency apparatus or support equipment occurring on an incident is to be reported to the incident finance section to ensure proper documentation and investigation.

Limitation of Liability

28. Each party waives claims against every other party pursuant to the requirements of United States Code, title 42, section 1856a, subdivision (a), which provides: “Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such 259
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BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party.”
The parties agree the waivers provided in this provision do not apply to any reimbursement provisions pursuant to the terms and conditions of the CFAA, including invoice reimbursement disputes and reimbursement for emergency apparatus loss or damage pursuant to Recital 27 of the CFAA.

Third Party Tort Claims

29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third-party claims are as follows:

State of California claims: Victim Compensation and Government Claims Board 630 “K” Street
Sacramento, CA 95814
U.S. Forest Service claims: U.S. Forest Service
Albuquerque Service Center Claims Management
101B Sun Ave. NE
Albuquerque, NM 87109
National Park Service claims: National Park Service
Fire Management Office
333 Bush St., Suite 500
San Francisco, CA 94104
Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Office
2800 Cottage Way, Room W-1623
Sacramento, CA 95825
Fish and Wildlife Service claims: Fish and Wildlife Service Pacific Southwest Region
2800 Cottage Way, Room W-1834
Sacramento, CA 95825
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F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Bureau of Indian Affairs claims: Bureau of Indian Affairs Branch of Fire and Aviation Management
2800 Cottage Way, Room W-2820
Sacramento, CA 95825
Reimbursement Dispute Resolution

30. Paying entities shall provide written notice of reimbursement denials to the CFAA Chairperson, or their designee, within thirty (30) business days of receipt of the invoice. The CFAA Chairperson, or their designee, shall notify the local agency of the denial within ten (10) business days. All parties shall work with the CFAA Chairperson, or their designee, to attempt to informally resolve reimbursement disputes in good faith. If the dispute cannot be resolved, the local agency shall have thirty (30) business days from the date of the notice of denial to provide a written appeal to the CFAA Chairperson, or their designee. The CFAA chairperson, or their designee, will evaluate the appeal and make a determination regarding whether to present the appeal to the Committee within thirty (30) business days.

The written appeal shall include all facts and documentation supporting the disputing party’s position and dollar amount claimed, the reason for denial by the signatory agency, and the provision(s) of the Agreement the local agency believes supports their position in the dispute. The Committee shall review the appeal and make a recommendation to the paying entity within thirty (30) business days of receiving the appeal. The CFAA Chairperson, or their designee, shall provide written notice of the paying entities determination to all parties.

Other Disputes

31. The parties acknowledge that disputes may arise in the interpretation or application of the provisions of the CFAA.

The parties agree to cooperate in good faith to resolve disputes informally. If a dispute is not resolved informally, a party may submit a written notice of dispute to the CFAA Chairperson, or their designee, and the responding party designated contact. The written notice must include:

1. An explanation of the reasons for the dispute, including relevant facts; and

2. Citation to the relevant provision(s) of the Agreement; and

3. Copies of supporting documents, if any; and

4. The desired outcome or remedy sought from the responding party.

The Committee will meet with the parties within thirty (30) business days of the date the responding party receives the dispute from the CFAA Chairperson, or their designee, at which time the responding party will have the opportunity to present counter arguments. The Committee 261
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BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 will provide a written response to both parties within thirty (30) business days of the date upon which the meeting is held. The written response will either grant the requested remedy or outcome, or deny part or all of the requested outcome.

Performance under this Agreement shall continue during each phase of this dispute resolution process.

Examination and Audit

32. California Fire and Rescue Mutual Aid System Agencies and Cal OES shall be subject to examination and audit for five (5) years after the final payment under the terms of this Agreement. Examination and audit shall be confined to those matters connected with the performance ofthis Agreement including, but not limited, to the cost of administration.

All source documentation related to rates and methodologies must be kept for five (5) years after the final payment and will be made available upon request of an examination or audit.

Appropriated Fund Limitation

33. Nothing herein shall be interpreted as obligating any parties herein to expend funds, or as involving the United States or the State of California in any contract or other obligation forthe future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement.

Officials Not To Benefit

34. No member of, or Delegate to, Congress or Resident Commission shall be admitted to any share or part of this Agreement or to any benefit to arise therefore, unless it is made with a corporation for its general benefit.

Civil Rights and Nondiscrimination

35. All activities pursuant to this Agreement shall be in compliance with all Federal laws and regulations relating to nondiscrimination. These include, but are not limited to: Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.).

Previous Agreements Cancelled

36. This Agreement supersedes the Agreement entered into on January 1, 2015, and as extended (Cal EMA# 6022-9, CAL FIRE# 7CA00236, USFS# 09-FI-11052012-150, NPS# H807507003, BLM# BAA081002, F&WS# 802233-9-J001, BIA# AGP000768), between the State of California, 262
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NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Emergency Management Agency; State of California, Department of Forestry and Fire Protection; USDA Forest Service, Pacific Southwest Region; USDI Bureau of Land Management, California State Office; USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, PacificSouthwest Region; and USDI Bureau of Indian Affairs, Pacific Region.

Amendments

37. The Agreement may only be amended by written mutual consent of the parties hereto.

Effective Date and Termination

38. The parties herein agree to honor the terms and conditions commencing on the date of the last signature and is effective through December 31, 2024. The expiration date is the final date for completion of all work activities under this Agreement. Any party may withdraw from the Agreement upon thirty (30) day written notice to all other parties.

Delegations of Authority

39. Each party may provide Cal OES a delegation of authority, signed by the party, that designates each person authorized to act on the party’s behalf. The designation will include the effective date, name, title, contact information, and scope of delegated authority to act on behalf of the party. Unless otherwise stated in the delegation of authority, a person designated by a party has the same authority as a principal of a party, including the power to enter into contracts on behalf of the party and to bind the party.

The parties authorize Cal OES to make any necessary updates to the contact information in the CFAA to reflect current delegations of authority, and that such nonmaterial changes to the CFAA are authorized without amendment.

Multiple Signature Pages

40. The parties agree to accept multiple signature pages.

Electronic Signatures and Counterparts

41. Parties may submit executed documents electronically, and electronically-delivered signatures of the parties are deemed to constitute duplicate originals. The CFAA and any amendments may be executed in two or more counterparts, each of which will be an original and all of which will constitute a part of the CFAA.
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BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 IN WITNESS WHEREOF, the parties hereto have executed this Agreement:

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BIA# A20ACPRO01

Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 REVIEW:

The authority and format of this instrument has been reviewed and approved for signature by the following individuals:

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Page A-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020

GENERAL
A-1 It is the intent of the signatories to the CFAA to reimburse California Fire and Rescue Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the Agreement are intended to provide for such costs. The reimbursement shall be consistent with the California Fire and Rescue Mutual Aid System Agency’s normal internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices.

A-2 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus. Terms established in this section shall be made binding upon California Fire and Rescue Mutual Aid System Agencies by Cal OES and shall not be subject to interpretation or rejection by the jurisdiction providing assistance. See Clause A-41 for procedures that do not apply or are applicable to State Agency Fire Departments, Department of Defense Fire Departments (DOD), or Tribal Fire Departments.

A-3 California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to the State of California or the Federal Fire Agencies through the California Fire and Rescue Mutual Aid System and this Agreement, do so on a voluntary basis, and accept the following provisions for reimbursement.

A-4 It is understood and agreed that a California Fire and Rescue Mutual Aid System Agency providing personnel or California Fire and Rescue Mutual Aid System Agency-owned emergency apparatus shall obtain reimbursement for such response by billing the ordering entity (either the State of California or Federal Fire Agency) through the Cal OES invoicing process in accordance with this Exhibit.

A-5 Reimbursement for personnel and emergency apparatus will begin after the 12th hour, with the exception of aircraft which will be billed from the time of dispatch. There shall be no reimbursement for responses of 12 hours duration or less with the exception of the Department of Interior (DOI) fire agencies (BLM, NPS, FWS, and BIA). DOI reimbursement for personnel and emergency apparatus will begin after the 4th hour. If the duration of the response exceeds 12 hours (4 hours for DOI) and local agencies have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from EXHIBIT “A”

REIMBURSEMENT POLICY AND PROCEDURES
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Page A-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 home base, to the time of return to home base (portal to portal). If local agencies do not have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, local agencies will be reimbursed for actual hours worked. Should personnel or emergency apparatus be requested for assignment to a Mobilization Center for standby duty, the reimbursement period shall begin with the time of initial dispatch of said personnel or emergency apparatus from its home base. Additionally, as the 12 hour period (4 hours for DOI) stated above is cumulative, responding personnel and/or emergency apparatus shall only be subject to one 12 hour period (4 hours for DOI) from the original time of dispatch, regardless of the number of re-assignments that may occur prior to returning to their home base.

A-6 In some cases on a single incident, the State of California and the Federal Fire Agencies may need to convert resources that were ordered under Statewide Master Mutual Aid (MMA) to reimburse resources under the California Fire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency and reordered by the State of California and/or the Federal Fire Agencies through the CFAA. For resources that have been on the same incident for more than 12 hours (4 hours for DOI), reimbursement will begin at the time the order under the California Fire Assistance Agreement was initiated. Resources that have been on the same incident under MMA for 12 hours (4 hours for DOI) or less will have their time applied to the California Fire Assistance Agreement 12-hour (4 hours for DOI) minimum. After the 12 hours (4 hours for DOI) are completed, reimbursement will begin at the time the order under the California Fire Assistance Agreement was initiated. The 12 hour (4 hours for DOI) period shall be subject to annual review and monitoring by the California Fire Assistance Agreement Committee.

A-7 Invoices will include an administrative rate as negotiated by the Committee. The Administrative Rate will be added to the total of the personnel, fire apparatus, support equipment, aircraft, and other approved reimbursements for local government. The de minimis Administrative Rate is set annually by the Committee per the rate letter published at the time of dispatch, unless the California Fire and Rescue Mutual Aid System Agency submits an agency-specific administrative rate in accordance with the Instructions for Completing Administrative Rate Calculations. Cal OES will issue these instructions annually along with the salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Administrative Rate must review and update their rate by July 1 of each year.

REIMBURSEMENT - PERSONNEL
A-8 The Committee will establish a standard reimbursement formula for local agency personnel with Base Rates applicable to all jurisdictions. The default reimbursement will be at the Base Rate for actual hours worked on the incident. Agencies can be reimbursed at a rate that is higher than the Base Rate, and/or for more than actual hours worked (up to 24 hours per day), asfollows:

A-8.1 All agencies seeking reimbursement for its personnel must complete and sign the annual salary survey and file it with the Cal OES Fire and Rescue Division. The Authorized Representative will 267
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 provide certification through signature under penalty and perjury that the personnel wages are accurate and correct for each requested position.

A-8.2 Any agency seeking reimbursement for its personnel for more than actual hours worked on the incident (portal-to-portal) must file an MOU/MOA, GBR, or equivalent with Cal OES Fire and Rescue Division. The MOU/MOA, GBR, or equivalent shall indicate how personnel will be compensated. Personnel must be physically present on the incident in order to receive portal to portal compensation, unless documented and approved by the paying agency.

A-8.3 Any agency seeking reimbursement for its supplemental personnel will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg.gov/sites/default/files/memos/eb-m-09- 004d_0.pdf, which states that supplemental personnel will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. Reimbursement shall be in accordance with Clause A-17 through December 31st, 2020.

A-9 The above required documentation for rates and hours shall be based on actual costs to the responding agency, and not contingent upon reimbursement from the State of California or Federal Fire Agencies at a rate that exceeds what the agency will pay its personnel.

Reimbursements will be based on the salary survey and any applicable MOU/MOA, GBR, or equivalent that is on file at the time of the initial dispatch.

Any MOU/MOA, GBR, or equivalent is reviewed by Cal OES and the Committee upon request.

Local government will be formally notified of the determination.

A-10 These formulas and rates of payment shall constitute full reimbursement for direct costs, including back fill to local jurisdictions relative to personnel provided. Liability for workers compensation claims and/or payment of unemployment benefits shall remain the responsibility of the responding local, state, federal, and tribal agencies that directly employ the personnel. All calculations shall be subject to audit by the State of California or the Federal Fire Agencies in accordance with Recital 32, Examination and Audit.

A-10.1 California Fire and Rescue Mutual Aid System Agencies will be required upon request to provide Cal OES supportive documentation used to establish rates and method of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee. Upon request, the California Fire and Rescue Mutual Aid System Agencies will have thirty (30) calendar days to provide Cal OES with required information. This process does not supersede the Examination and Audit process as outlined in this Agreement.

A-11 Reimbursement for the total hours worked shall be calculated up to the next quarter hour when total hours are fractional.

A-12 Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of California or the Federal Fire Agencies. Any personnel not given an 268
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Order/Request number shall be considered a voluntary contribution from the responding agency and not subject to reimbursement.

Formula for Personnel Reimbursement Using Base Rates
A-13 California Fire and Rescue Mutual Aid System Agencies will submit a salary survey to be reimbursed at the established Engine Company Base Rate for personnel responding on emergency apparatus or as overhead personnel at or below the Strike Team/Task Force Leader Trainee level.

Strike Team/Task Force/Unit Leader level or above personnel will be reimbursed at the established Overhead Base Rate.

A-14 California Fire and Rescue Mutual Aid System Agencies that have not submitted a Salary Survey for rates above the established Base Rates will submit a salary survey to be reimbursed using one of the following formulas:

The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(B x H1) = Total Personnel Reimbursement
The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(B x H2) = Total Personnel Reimbursement
B = Base Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
The Established Base Rate (B) is based on the average of the CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions applied to a 168 hour week, with 40 hours at straight-time and 128 hours at overtime.

The total amount is then divided by 168 hours resulting in a blended rate.

Formula for Establishing the Base Rates
The following base rate formulas include an overtime component.

Base Rate formula for Engine Company Personnel and Overhead at or below Strike Team/Task Force Leader Trainee
(AD-F + CAL FIRE Fire Apparatus Engineer base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Numerical Calculation: 25.72 + 23.34 = 49.06 / 2 =24.53, ((24.53 x 40) + (24.53 x 1.5 x 128)) = 5690.96/ 168 = $33.08 x .6667 = $22.58
Base Rate formula for Overhead at or above Strike Team Leader/Task Force Leader (AD-H + CAL FIRE Fire Captain base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
Numerical Calculation: 31.44 + 27.52 = 58.96/ 2 =29.48, ((29.48 x 40) + (29.48 x 1.5 x 128)) = 6839.36 / 168 = $40.71 x .6667 = $27.14
Definitions for abbreviations used in Base Rate Formula AD - Administratively Determined Pay Plan for Emergency Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies.

AD F - The classification is Engine Boss.

AD H - The classification is Strike Team Leader.

CAL FIRE base Fire Captain and Fire Apparatus Engineer salary rates are converted to hourly rates.

Formula for Suppression Personnel Reimbursement Using Salary Rates A-15 The California Fire and Rescue Mutual Aid System Agencies may submit a salary survey with the agency’s established salary rates to Cal OES Fire and Rescue Division for any personnel dispatched to an incident. The personnel who are dispatched to an incident will first be classified and reimbursed as described in Clauses A-15.1 through A-15.3. The submission of salary rates shall be on file with Cal OES Fire and Rescue Division prior to the time of personnel dispatch.

A-15.1 California Fire and Rescue Mutual Aid System Agencies that have submitted salary rates to Cal OES Fire and Rescue Division at or below the Battalion Chief level shall be reimbursed using one of the following formulas:

The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x H2x 1.5) + (S x H2x 1.5) + (S x H2x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Captain, Engineer, Firefighter) within each individual jurisdiction.

A-15.2 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division above the Battalion Chief level shall be reimbursed using the following formulas:

The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1) + (S x H1) + (S x H1)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x H2) + (S x H2) + (S x H2)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
A-15.3 If personnel above the Battalion Chief level have an MOU/MOA, GBR, or equivalent that indicates they are to be paid above straight time, the reimbursement will be calculated using one of the following formulas. The MOU/MOA, GBR, or equivalent is subject to the provisions in Clause A-9, and must not be contingent on this Agreement or executed on the sole basis that there is reimbursement from Cal OES, CAL FIRE, or the Federal Fire Agencies.

The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) and MOU/MOA, GBR, or equivalent for above straight-time is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) and with an MOU/MOA, GBR, or equivalent for above straight-time is:
[(S x H2x 1.5) + (S x H2x 1.5) + (S x H2x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
Formula for Non-Suppression Personnel Reimbursement Using Salary Rates A-16 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division for Non-Suppression Personnel shall be reimbursed for actual hours worked using the following formula:
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x 1.5 x H2) + (S x 1.5 x H2) + (S x 1.5 x H2)] = Total Personnel Reimbursement S = Salary Rate
H
2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Heavy Equipment Mechanic, and Inspector) within each individual fire agency.

Non-Suppression Personnel, who have an MOU/MOA, GBR, or equivalent that indicates they are to be paid portal-to-portal according to Clause A-8.2, will be reimbursed in accordance with the following Formula for Personnel Using Salary Rates:

The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Mechanic, and Inspector) within each individual jurisdiction.

The 1.5 multiplier in the formula represents an hourly rate, which includes benefits for straight time, and an overtime rate for overtime hours.

Supplemental Fire Department Resource Reimbursement Using NWCG#004-2009 A-17 California Fire and Rescue Mutual Aid System Agencies seeking reimbursement for Supplemental Fire Department Resources will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg.gov/sites/default/files/memos/eb-m-09-004d_0.pdf, which states that Supplemental Fire Department Resources will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. California Fire and Rescue Mutual Aid System Agencies that roster or sponsor Supplemental Fire Department Resources shall be reimbursed at the rate of the position being filled on the incident.

A-18 California Fire and Rescue Mutual Aid System Agencies shall identify their Supplemental Fire Department Resources separately on the Supplemental Fire Department Resource section of the Cal OES Salary Survey and not include them under the Suppression responder categories. They are not a permanent part of the local fire organization. They are mobilized primarily for response to incidents/wildland fires outside of the fire agency’s jurisdiction. Supplemental Fire Department Resources shall be paid a regular compensation rate for all hours worked plus an overtime 272
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 compensation rate for actual overtime hours worked, including travel. Base hourly rate shall be no more than step 5 of the appropriate GS wage adjusted for locality pay at the location of the fire department’s jurisdiction. Rates can be found on the Office of Personnel Management website, https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/general-schedule/.

Reimbursement costs shall not include portal-to-portal pay or the employee portion of benefits.

Backfill is not reimbursable for personnel hired as Supplemental Fire Department Resource.

Approved travel costs will be in accordance with Clause A-37.

Effective January 1, 2021, no supplemental resources will be hired through the CFAA.

California Interagency Incident Management Team (CIIMT) Participation A-19 Personnel responding under this Agreement, including those who apply for participation on a Federal California Interagency Incident Management Team (CIIMT), must be employed with a federal, state or local agency in a full time, seasonal, part-time or retired-annuitant position for a purpose other than participation on a CIIMT. The CWCG coordinates the application and selection process for IMT rosters and may request proof of employment documentation as part of that process. Applicants who do not meet the criteria can apply under the casual hiring authority as outlined in the Standards for Interagency Incident Business Management.

Engine Company and Tactical Water Tender Staffing
A-20 Engine company staffing shall not be less than three (3) or a reimbursable maximum of four (4).

The State of California or the Federal Fire Agencies will reimburse based on the actual classifications responding, not to exceed one Company Officer, one Apparatus Operator, and one or two Firefighters. Tactical water tender staffing shall be reimbursed based upon the actual classifications responding, not to exceed two Apparatus Operators or one Company Officer and one Firefighter. Personnel filling engine company or tactical water tender positions shall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the California Incident Command Certification System (CICCS).

Strike Team/Task Force Leader Trainee
A-21 The State of California or the Federal Fire Agencies shall provide reimbursement for personnel requested by the State of California or the Federal Fire Agencies to coordinate (Strike Team/Task Force Leaders) or otherwise support the California Fire and Rescue Mutual Aid System resources, or Cal OES-owned emergency apparatus used on incidents. A strike team/task force may, at the discretion of the local jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit. The Trainee will be covered under a strike team/task force order-request number and will be identified on a separate Emergency Activity Record (OES F-42), unless the Trainee is from the same California Fire and Rescue Mutual Aid System Agency as the Strike Team Leader. The Strike Team/Task Force Leader Trainee shall travel with the strike team/task force in a vehicle from the existing strike team/task force and will not be reimbursed for 273
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 the use of a second vehicle. The Trainee may provide the vehicle for the assignment, but no more than one vehicle will be reimbursed. Personnel filling Strike Team/Task Force Leader Trainee positions shall be certified at the Strike Team/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or CICCS.

A-22 All Trainees are required to check in with the Training Specialist at the incident when one is present. Trainees will follow the qualification process in place at the incident.

Overhead Personnel
A-23 Personnel responding to a State of California or Federal Fire Agency’s request for overhead positions shall meet the training and experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or CICCS).

Transfer/Reassignment to Other Operational Areas/Incident A-24 California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested through this Agreement may not be reassigned without the responding agency’s approval. The host State of California or Federal Fire Agency shall secure approval for such reassignment through the California Fire and Rescue Mutual Aid System.

Cal OES Support
A-25 Cal OES Fire Agency Representatives assigned to major incidents may need to have a Cal OES Support/Communications Unit to facilitate coordinating the mutual aid resources assigned to the incident. Local Government Fire Agency Personnel assigned to this resource shall be limited to and reimbursed at a maximum of two (2) persons.

A-26 The State of California or the Federal Fire Agencies shall reimburse the local government fire agency for the use of one agency support equipment. Reimbursement shall be calculated on a daily basis for such equipment at the rate established by the Committee for the approved type or category of vehicle used.

REIMBURSEMENT – EMERGENCY APPARATUS
A-27 The formulas and rates of payment for emergency apparatus shall be considered as covering all reimbursement related to the use of such vehicles except as provided in the Reimbursement of Emergency Apparatus Loss or Damage section in the Recitals of this Agreement, Recital 27.

A-28 Reimbursement for emergency apparatus refurbishment and rehab may be approved by the Incident Command, up to a maximum of 2 hours, as appropriate. 274
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 California Fire and Rescue Mutual Aid System Agency Emergency Apparatus A-29 Engines and tactical water tenders shall be reimbursed in accordance with the current FEMA Schedule of Equipment Rates established in the Annual Rate Letter. Engines and tactical water Tenders rates are based on a 16-hour maximum allowable charge, per 24-hour period.

Reimbursement of other emergency response equipment shall be in accordance with 44 CFR 206.228 allowable costs.

A-30 California Fire and Rescue Mutual Aid System Agencies shall assume operational costs, including necessary motor fuels and lubricants used in its emergency apparatus while responding from their home base and returning to their home base from the State of California or Federal Fire Agency incidents. It shall be the responsibility of the responding agency to provide the necessary means of payment for such costs.

A-31 Once at the incident and until released or reassigned, the State of California or the Federal Fire Agencies will provide for motor fuel and lubricants, normal servicing costs, and minor repairs incidental to operation of emergency apparatus including California Fire and Rescue Mutual Aid System Agency support equipment. Minor Repair is defined as any repair necessary to keep the equipment in operation on the fire, which requires not more than two hours (labor time only) for one mechanic for any one job, exclusive of obtaining parts.

Support Equipment, Privately-Owned Vehicles, and Rental Vehicles A-32 The State of California or the Federal Fire Agencies shall reimburse California Fire and Rescue Mutual Aid System Agencies for use of agency support equipment and private vehicles provided in conjunction with requested personnel. Reimbursement shall be calculated on a daily basis for local jurisdiction support equipment at the rate established by the Committee for the type or category of vehicle used. Privately-owned vehicle rates will be reimbursed on a per mile basis according to the current Internal Revenue Service (IRS) standard rate for business miles.

A-33 Reimbursement for mileage or other transportation to and from rental agency will be allowed.

A-34 The use and reimbursement of rental vehicles, mileage or other transportation requires authorization either at the time of the initial request in the Resource Ordering System of Record, or documented by written approval at the incident. Rental vehiclesfrom an airport are discouraged, and the use of economy cars are encouraged. Rental vehicles and the fuel expense while responding to, during, or returning from a State of California or Federal Fire Agency incident will be reimbursed for the actual costs incurred by the California Fire and Rescue Mutual Aid System Agencies. The process to obtain reimbursement for rental vehicle expenses is outlined in Exhibit “H”.
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Aircraft
A-35 Aircraft will be reimbursement based on rates submitted annually on the Salary Survey to Cal OES.

Other Equipment Rates
A-36 All equipment in this exhibit will be reimbursed using the FEMA Schedule of Equipment rates. If a FEMA equipment rate is not identified for the type of equipment being used, a rate may be developed using the FEMA equipment rate formula in Exhibit “F”.

REIMBURSEMENT – TRAVEL EXPENSES
A-37 At no time will the California Fire and Rescue Mutual Aid System Agencies seek reimbursement for travel expenses such as fuel, food, and lodging responding to, during, or returning from a State of California or Federal Fire Agency incident unless formally documented and approved in writing at the incident. The reimbursement of meals to and from the incident will be subject to the U.S. General Services Administration per diem and lodging rates specified in Exhibit “H”.

Travel arrangements and reimbursement, including travel for relieving personnel and backfill, will only be made from the Fire Department/Agency location or residence whichever is closest to the incident or reporting location (such as staging).

If formally documented and approved in writing at the incident, the process to obtain reimbursement for in state travel and incident-related expenses is outlined in Exhibit “H”.

REIMBURSEMENT – PERSONNEL ROTATION
A-38 When California Fire and Rescue Mutual Aid System Agency personnel are committed to extended assignments under this Agreement, there may be a need to rotate and replace personnel.

Personnel under this Agreement are expected to be available a minimum of seven (7) days (elapsed time) excluding travel, before needing replacement, regardless of the number of assignments from original dispatch.

A-39 Expenses that are reimbursable are limited to personnel costs and transportation costs.

Reimbursement for personnel will be in accordance with general personnel reimbursement provisions of this Agreement. Please reference Exhibit “C” for specific personnel rotation procedures.
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020

INCIDENT OFF-SHIFT REST AND SLEEPING ACCOMODATIONS
A-40 The responsible State of California or Federal Fire Agency will provide, when practical, sanitary, shaded and/or climatically maintained accommodations for off shift sleeping, rest, and recuperation for local jurisdiction resources confined to the incident base. If the incident command finds it operationally feasible (e.g., strike team remains available) to place local jurisdiction resourcesin a commercial sleeping accommodation, it may be provided.

REIMBURSEMENT – STATE OF CALIFORNIA, FEDERAL, DOD,

AND TRIBAL FIRE DEPARTMENTS
A-41 State Agency Fire Departments, Federal Fire Departments, DOD Fire Departments, and Tribal Fire Departments may respond through the California Fire and Rescue Mutual Aid System.

Tribal Fire Department’s that have a compacted or contracted wildland fire program from BIA will respond through the Federal Dispatching System and not through the California Fire and Rescue Mutual Aid System.

Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to CAL FIRE, local government, and Cal OES incidents will be in accordance with the Agreement reimbursement provisions.

Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to Federal Fire Agency fires are governed by other federal agreements. In these cases, Cal OES will not produce or process reimbursement invoices for Federal Fire Departments, DOD and Tribal Fire Departments. Federal Fire Departments and DOD Fire Departments ordered through other agreements will invoice the supported Federal Fire Agency directly in accordance with existing federal and local agreements. Tribal Fire Departments that have a current Cooperative Agreement with BIA will invoice BIA directly in accordance with existing federal or local Agreements.

Federal Fire Agencies will not reimburse Federal Fire Departments, DOD or Tribal Fire Departments under this Agreement.

REQUESTING REIMBURSEMENT
A-42 California Fire and Rescue Mutual Aid System Agencies will prepare an OES F-42, and supporting documentation at the incident, which is the basis for reimbursement due and invoice preparation. These forms are provided by Cal OES Fire and Rescue Division. The OES F-42 must be signed by a responsible officer of the jurisdiction seeking reimbursement and by the State of California or Federal Fire Agency Incident Command to verify that the resources requested on the OES F-42 were authorized by the ordering agency and is the initial step for invoice processing.

The completed OES F-42 is forwarded to Cal OES Fire and Rescue Division Headquarters for 277
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 processing. The OES F-42 should be submitted to the Cal OES Fire Agency Representative at the incident. In the absence of a Cal OES Fire Agency Representative, OES F-42 should be SUBMITTED TO Cal OES FIRE AND RESCUE DIVISION BY THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCY WITHIN THIRTY (30)

CALENDAR DAYS OF RELEASE FROM THE INCIDENT OR PAYMENT WILL BE DELAYED.

A-43 Within sixty (60) calendar days of receipt of the OES F-42, Cal OES Fire and Rescue Division will process the OES F-42 data into invoices (F-142) and return to the California Fire and Rescue Mutual Aid System Agency for verification of billing amounts and signature. THERE WILL BE A DELAY IN PAYMENT FOR INVOICES (F-142) NOT RETURNED TO Cal OES FIRE AND RESCUE DIVISION WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT FOR VERIFICATION OF BILLING AMOUNTS AND SIGNATURE.

A-44 Upon return receipt and verification of the invoice (F-142) by the California Fire and Rescue Mutual Aid System Agency, Cal OES Fire and Rescue Division will forward the CFAA Reimbursement Invoice (OES F-142) to the appropriate State of California or Federal Fire Agency within thirty (30) calendar days along with a copy of the OES F-42 as the source document.

Inquiries from the State of California and Federal Fire Agencies regarding amounts billed will first be addressed to Cal OES Fire and Rescue Division as soon as possible, as the first step in a joint resolution process.

A-45 The State of California or Federal Fire Agency will remit payment to the California Fire and Rescue Mutual Aid System Agency within sixty (60) calendar days of receipt of the OES F-142 from Cal OES.

A-46 In the event that CAL FIRE or a Federal Fire Agency identifies a discrepancy with an OES F-142, Cal OES will provide the California Fire and Rescue Mutual Aid System Agency a new invoice with the corrected invoice amount and the reason for the change. Cal OES has thirty (30) calendar days to make the change and provide a corrected invoice to the California Fire and Rescue Mutual Aid System Agency and either CAL FIRE or the appropriate Federal Fire Agency.

A-47 CAL FIRE or the Federal Fire Agencies will provide copies of payment schedules to Cal OES every thirty (30) days for invoices to the California Fire and Rescue Mutual Aid System Agencies. Cal OES Fire and Rescue Division will reconcile the payment schedules against outstanding OES F-142(s) on a monthly basis.

A-48 Cal OES will form and chair working groups with membership from the Committee to develop methodologies to streamline the reimbursement process.

The State of California and Federal Fire Agencies will work on procedures to improve the reimbursement efficiencies and timelines. These activities will be documented and shared with the California Fire and Rescue Mutual Aid System Agencies. 278
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 A-49 The Terms and Conditions and Exhibits in this Agreement may necessitate new methods of reporting and invoicing. All proposed changes to this Agreement, or associated business processes shall be approved by the State of California and Federal Fire Agencies that are partiesto this Agreement.

A-50 Reimbursement for emergency apparatus and personnel shall be made directly to the California Fire and Rescue Mutual Aid Agency providing the resource, and NOT to individuals.

A-51 The OES F-42, shall be used as the basis for personnel and equipment calculations. The resource order form of record shall not be used for reimbursing personnel and equipment costs.

Federal Fire Agency Electronic Fund Transfer
A-52 Federal Fire Agencies require the following for reimbursement to California Fire and Rescue Mutual Aid System Agencies:

1. Taxpayer Identification Number (TIN) – This number is applied for and issued by the Internal Revenue Service (IRS). Contact the IRS @ www.irs.gov or (800) 772-1213.

2. Electronic Funds Transfer (EFT) – The cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply:
a. The payment recipient does not have an account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving the check.
c. The payment recipient has a physical or mental disability, or a geographic language or literacy barrier.

In order to receive EFT payments, the recipient/cooperator shall register in the System for Award Management (SAM).

3. DUNS Number. The cooperator shall obtain a Dun and Bradstreet Data Universal Numbering System (DUNS). This is a requirement for registering in SAM. The DUNS number does not replace existing numbers, such as Employer Identification Number (EIN), the Tax Identification Number (TIN), and State Application Identifier (SAI) numbers thatare required by statute, Executive Order, or regulation. You may obtain a free DUNS number by contacting Dun & Bradstreet via the web at https://fedgov.dnb.com/. A new DUNS number 279
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-15
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 can be created within one (1) business day. For assistance by phone, call (866) 705-5711 or [email protected].

4. System for Award Management (SAM) Registration Requirement. The cooperator shall maintain current information in SAM until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of the Agreement, SAM means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site (currently at www.sam.gov). For assistance, contact the SAM Assistance Center at (800) 606-8220. 280
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 B-1 The purpose of this Exhibit is to identify the minimum standards that California Fire and Rescue Mutual Aid System Agencies should follow with regard to their use of Type 1 through 7 engines, Tactical Water Tender, Personal Protective Equipment (PPE) and training standards for mutual aid and/or CFAA-reimbursable responses.

B-2 The State of California and the Federal Fire Agencies Type 3 through 7 engines and tactical water tenders have a number of features that enhance their capability to operate on narrow, steep or unimproved roads and to allow the efficient application of water or other agents. The minimum features of the engines are:

1. Short wheel base

2. High ground clearance

3. High angle of approach and departure

4. Lower Gross Vehicle Weight (GVW) than Type 1 or 2 engine

5. Unit # on roof
B-3 The main fire pump and water tank shall meet minimum capabilities for the FIRESCOPE ICS Type engine or tactical water tender as designated in the current edition of the ICS Field Operations Guide ICS-420-1. The pump, as mounted, shall be capable of drafting water from a water source located 10 feet vertical distance below the pump through the required suction hose.

For Type 3 through 7 engines:

1. 1.5-inch hose will be configured to facilitate progressive hose deployment providing for a l00 foot lateral of 1-inch hose every 200 feet of 1.5-inch trunk line once the fire's edge is encountered.

2. All hose utilized must meet or exceed USDA Specification. One-inch hoses and nozzles will have NPSH threads; 1inch hose with NH threads shall be provided with a sufficient number of NPSH adapters. 1.5-inch hoses and nozzles will have NH threads.

EXHIBIT “B”
ICS Type 1 through 7 ENGINE, ICS TACTICAL WATER TENDER,

PERSONAL PROTECTIVE EQUIPMENT, & TRAINING STANDARDS FOR

FIRE AND EMERGENCY ASSISTANCE
281
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020

RESOURCE RADIO CALL COMPONENTS TYPES
1 2 3 4 5 6 7
Engine
Company
Engine
Telesquirt*
Pump minimum flow GPM
Tank minimum capacity (gal)
At rated pressure (psi)
Hose 2.5”
Hose 1.5”
Hose 1”
Ladder per NFPA 1901
Master Stream
500 Min. GPM
Pump and Roll
Maximum GVWR (lbs.)
Personnel minimum
1,000
300
150
1,200
500
N/A
Yes
Yes
N/A
N/A
4(#)
500
300
150
1,000
500
N/A
Yes
N/A
N/A
N/A
3 150
500
250
N/A
1,000
500
N/A
N/A
Yes
N/A
3 50
750
100
N/A
300
300
N/A
N/A
Yes
N/A
3(@)
50 400
100
N/A
300
300
N/A
N/A
Yes
26,000
3(@)
50 150
100
N/A
300
300
N/A
N/A
Yes
19,500
3(@)
10 50
100
N/A
N/A
200
N/A
N/A
Yes
14,000
3(@)
*Engine with elevated stream capability, specify when requested (#) 3 or 4-person staffing is acceptable for purposes of reimbursement. (@) Differs from NWCG Guidelines. Per CFAA A-17 and FIRESCOPE BOD direction January 2020.

N/A = Not Applicable
NFPA =National Fire Protection Association
GVWR = Gross Vehicle Weight Rating
Notes:

1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.

2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.

3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10-foot lift.

4. See A-17 for staffing levels.

RESOURCE RADIO CALL COMPONENTS TYPES
1 2
Tactical Water
Tender
Water Tender Pump minimum flow GPM
Tank minimum capacity (gal)
At rated pressure (psi)
Pump and Roll
Personnel minimum
250
2,000
150
Yes
2 250
1,000
150
Yes
2 Notes:

1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.

2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.

3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10-foot lift.

Common Additional Needs – Request as Needed:
 All Wheel Drive (Includes four-wheel drive).
 High Pressure Pump (250 psi at one half flow of Type). NFPA 1901 compliant Type 1 and 2 engines will produce one half of rated flow at 250 psi. Type 3 engines are already required to produce rated flow (150 GPM) at 250 psi. If Type 4 through 6 are ordered as high pressure it is recommended that they be required to produce rated flow at 250 psi (50 GPM).  Foam proportioner.
 Compressed Air Foam System (CAFS) 40 cfm minimum.
 Additional personnel.
282
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Personal Protective Equipment (PPE)
B-4 Each employee responding to or engaged in fire suppression activities will use the appropriate safety clothing and equipment. Each agency is responsible for seeing that Cal OSHA standards for safety clothing and equipment are provided and used for wildland firefighting. Wildland fire suppression safety clothing and equipment includes:

1. Head Protection meeting the requirements of CCR, Title 8, Section 3410

2. Eye and Face Protection meeting the requirements of CCR, Title 8, Sections 3382 and 3404

3. Ear and Neck Protection meeting the requirements of CCR, Title 8, Sections 3405 and 3410(c)

4. Body Protection meeting the requirements of CCR, Title 8, Section 3406(c)

5. Gloves, meeting the requirements of CCR, Title 8, Section 3410

6. Foot Protection meeting the requirements of CCR, Title 8, Section 3408

7. Wildland fire shelter meeting Forest Service specification 5100-606

8. Recommended disposable filtering face piece respiratory protection Training
B-5 The State of California and Federal Fire Agencies have the expectation that when a local jurisdiction resource arrives at an incident it can perform all of the missions that would be expected of the State of California and Federal Fire Agencies’ resource.

B-6 All responding personnel shall be in compliance with the current NWCG 310-1 Sub System Guide or CICCS. Training topics include but are not limited to:

Wildland strategy and tactics Backfiring/firing-out
Wildland fire behavior Handline construction
Wildland hose lays Structure triage
Wildland fire safety Structure defense preparation
Fireground communications Fire weather
283
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page C-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Clauses A-38 and A-39 authorizes the reimbursement of personnel and transportation costs incurred to replace California Fire and Rescue Mutual Aid System Agency personnel committed to extended assignments under this Agreement. Personnel under this Agreement are to be available a minimum of seven (7) days excluding travel (portal-to-portal) before needing replacement, regardless of the number of assignments. This exhibit lists the procedures necessary for a local jurisdiction to follow before reimbursement for their costs will be processed for rotation of their personnel. These procedures only apply when the emergency apparatus remains assigned to the incident but the personnel are rotated. The procedures are:

C-1 The incident commander (IC) or Mobilization (MOB) center manager to which the resources are assigned must approve the personnel rotation and method of transportation. Such approval should not be denied without substantial cause, (e.g., imminent planned release (24 – 36 hours)) of the resources, or a negotiated extension through the Cal OES Fire Agency Representative. The personnel rotation and transportation plan must be coordinated through the incident, the ordering point, agency representative, and/or the overhead responsible for the personnel to be rotated.

C-2 The approved personnel rotation will be documented in:

C-2.1 The approved automated resource ordering system of record. The resource order will be annotated in the documentation section by the incident indicating the date and time of personnel rotation approval. Subsequently the home unit/filling command center will add documentation to include the following information:

C-2.1.1 Method/Mode, date and time of transportation.

C-2.1.2 An ICS General Message Form-213/Rotation Job Aid Template designed specific for personnel rotation must be signed by the IC or MOB center manager approving the rotation. This form shall be attached to the respective OES F-42 associated with the rotation vehicle and overlapping time of personnel.

C-2.2 OES F-42
C-2.2.1 Box 12 of the original OES F-42 will document any personnel rotation with the date and time of the rotation for all individuals whether or not the personnel rotation will be reimbursed.

EXHIBIT “C”

REIMBURSEMENT FOR PERSONNEL ROTATION
284
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page C-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 C-2.2.2 ONLY when a fire agency is requesting reimbursement for an approved personnel rotation that includes transportation cost will a new OES F-42 be required (Check the Aprvd.

Personnel Rotation Box, Personnel Information, Box 11 & Support Vehicle Information, Box 8 on OES F-42 and referenced to the original “E” number, Box 12).

C-2.2.2.1 For approved personnel rotation documented only in the documentation section.

C-2.2.3 OES F-142(s) will identify personnel involved in any rotation and will itemize the costs of transportation for personnel rotations with support documentation.

C-2.3 ICS-214 Unit Log
C-2.3.1 Details of personnel rotation need to be documented (Unit Logs to be retained on file by individual fire agency).

If both the emergency apparatus and the personnel need replacement, the resources will be released and a new resource will be ordered.
285
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page D-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 D-1 It shall be the responsibility of the agency sending mutual aid resources to ensure that those resources have adequate communications capabilities. Adequate communications capability is defined as VHF Highband radios with a minimum of 240 channels and pre-programmed with the most current FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN. Effective January 1, 2024, radios will be required to have a minimum capacity of 400 channels with a recommended minimum of 500 channels.

D-2 Emergency apparatus used for mutual aid will have a mobile VHF Highband radio (powered by the emergency apparatus battery and connected to an external antenna) and a minimum of one portable VHF Highband radio. The VHF Highband portable radio should be capable of being operated by alkaline batteries.

D-3 Strike Team/Task Force Leaders: In addition to the communications capability required for emergency apparatus, line personnel are encouraged to respond with a conventional 800 MHz radio pre-programmed with the 800 MHz mutual aid channels as identified in FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN.

D-4 For Narrowband Radios: On January 1, 2013, all public safety and business industrial land mobile radio systems operating in the 150-512 MHz radio bands must cease operating using 25 kHz efficiency technology, and begin operating using at least 12.5 kHz efficiency technology. This deadline is the result of an FCC effort that began almost two decades ago to ensure more efficient use of the spectrum and greater spectrum access for public safety and non-public safety users.

Migration to 12.5 kHz efficiency technology (once referred to as Refarming, but now referred to as Narrowbanding) will allow the creation of additional channel capacity within the same radio spectrum, and support more users.

D-5 After January 1, 2013, licensees not operating at 12.5 KHz efficiency will be in violation of the Commission's rules and could be subject to FCC enforcement action, which may include admonishment, monetary fines, or loss of license. Agencies shall ensure that local radio channels are not utilized outside of the agency’s licensed area of operation.

D-6 Agencies should provide a minimum of 4 hours of annual basic radio training for Division Supervisors, Strike Team Leaders, and single resource leader positions.

EXHIBIT “D”

COMMUNICATIONS CAPABILITIES
286
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page E-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 *Intentionally Left Blank. The Committee combined two exhibits into one, which left Exhibit E open for a new subject. Instead of changing reference to lettering of all exhibits, this will be a place holder for a newly added exhibit.*
EXHIBIT “E”
287
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page F-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Hourly Rate= Depreciation + Overhead + Overhaul Labor + Overhaul Parts + Field Labor +Field Parts + Fuel + Lube + Tires
Where:

Depreciation= (Acquisition Cost – Salvage Value) / Economic Life Generally Acquisition Cost = (1 – [Discount % / 100]) * (List Price + Sales Tax + Freight Cost) Hourly Overhead = Overhead / 2112 hours
Where Overhead represents annual equipment overhead costs resulting directly from equipment ownership, the costs include such things as normal risk insurance, storage and security, inspection, and licenses. Profit, project overhead, and general overhead costs are not included in this number. 2112 hours is an annual equipment ownership baseline.

Overhaul Labor = (Annual Overhaul Labor Hours * Mechanic’s Wage) / 2112 Overhaul Parts = Annual Overhaul Parts Cost / 2112
Field Labor = (Annual Field Repair Labor Hours * Mechanic’s Wage) / Average Annual Use Hours Field Parts = (Annual Field Repair Parts Cost + Miscellaneous Supply Parts Cost) / Average Annual Use Hours
Fuel = Average Annual Fuel Cost / Average Annual Use Hours or Fuel = Hourly Fuel Consumption Rate * Unit Cost of Fuel Lube = Annual Lube Cost / Average Annual Use Hours Tires = Tire Cost / Tire Life ** You may also use FEMA’s Special Use Equipment Formula at https://www.caloes.ca.gov/cal-oesdivisions/fire-rescue/administration-reimbursement** EXHIBIT “F”

FEMA EQUIPMENT RATE FORMULA
288
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page G-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 This Exhibit applies to Cal OES and the Federal Fire Agency requests.

G-1 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus ordered for use on Federal incidents outside the State of California.

G-2 Reimbursement of personnel, emergency apparatus, and support equipment will be consistent with Exhibit “A” Reimbursement Policy and Procedures with the following exceptions:

1. Travel costs for lodging, per diem and rental vehicles for personnel shall be reimbursed at the GSA travel rates.

2. Reimbursement for Cal OES-owned communications equipment (e.g., cell and satellite phones orair and phone credit cards) will be at the total actual cost to the State of California.

3. Reimbursement invoices for Cal OES personnel, travel, and equipment will be on an actual cost basis, supported by accounting records, payroll records, and/or activity cards. Invoices for CalOES resources should be submitted no later than 5 months after the end of theincident.

4. Invoices for Cal OES resources will include an administrative rate as determined by the State of California under, Title 2 in the Codeof Federal Regulations (2 CFR), Subtitle A, Chapter II, part 200.

5. Length of assignments for resources responding to incidents outside the State of California will be consistent with the appropriate Federal Fire Agency’s policy. Conditions in Clauses A38 and A-39 of Exhibit “A” concerning minimum of seven (7) days (elapsed time), excluding travel, will not apply to resources responding to requests outside the State of California.

Federal Fire Agency policy on the length of an assignment outside the state is defined as the time period (days) between the first full operational period at the first incident or reporting location on the original resource order and commencement of return travel to the home unit.

Standard assignment length is fourteen (14) days, exclusive of travel from andto home unit.

Time spent in staging and preposition status counts toward the 14-day limit, regardless of pay status, for all personnel, including Incident ManagementTeams.

EXHIBIT “G”

REIMBURSEMENT POLICY AND PROCEDURES FOR OUTSIDE THE STATE OF

CALIFORNIA ASSIGNMENTS
289
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The purpose of this exhibit is to identify allowable costs and the process for submitting such cost for instate travel and incident related expenses. This exhibit primarily pertains to costs associated with fuel, food, vehicle and lodging costs as stated in Clauses A-37 and A-39 of Exhibit “A”, as well as attributable incident expenses such as loss or damage to local agency emergency apparatus or support equipment identified in Recital 27 of this Agreement.

In some cases, miscellaneous expenses outside of the above mentioned may be approved if the incident finds that the expense(s) is also attributable to the incident.

1. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for lodging and per diem, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS-213 and/or provide the associated “S#” validating the expense(s) on both the General Message Form ICS-213 and the OES F-42.

2. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for all other expenses such as loss or damage, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS-213 AND provide the associated “S#” validating the expense(s) on both the General Message Form ICS-213 and the OES F-42.

In both cases, when the General Message Form ICS-213 is used, it must be signed by one of these three positions: Incident Commander, Finance Section Chief or Incident Business Advisor.

NOTE: S#’s and approved General Message Form ICS-213’s should ONLY be issued when the incident cannot accommodate the expense in need, and all other options to provide the expense(s) have been exhausted.

Approved out of pocket expense(s) must accompany the OES F-42 along with the formal approval on the General Message Form ICS-213 documenting the S#, the itemized receipt(s), and the Expense Claim Reimbursement Log (OES F-142A). Receipts for meals and incidentals are not required. All other receipts must be taped to an 8 ½ x 11 sheet of paper in date order. All sides of the receipts must be taped and legible; photo copies are preferred.

EXHIBIT “H”

IN-STATE TRAVEL AND INCIDENT RELATED EXPENSES
290
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Rental Vehicles
This section of Exhibit “H” is to identify both allowable and non-allowable expenses when renting a vehicle. Items listed adhere to the state rental agreement.

Items listed below are NOT allowable expenses:

1. Personal accident insurance, personal effects coverage, or other optional coverage

2. No pre-payment of fuel or refueling

3. No payment of extension costs or late return

4. Airport pickups are discouraged

5. Airport parking feeds

6. GPS unit

7. Satellite radio services (e.g. Sirius XM)

8. Roadside service

9. Damage attributable to the incident may be local government fire agency responsibility Items listed below are REQUIRED to secure reimbursement:

1. Vehicle returned with a full tank

2. Exit invoice

3. Use of economy vehicle recommended

4. Vehicle determination should be based on your incident position

5. At time of rental, you may need to make remarks on your contact that this vehicle is going to an incident base camp and may be driven off pavement

6. If your agency provides a travel/expense car, rental and fuel must be paid by agency card *All other considerations must have prior approval from the incident* 291
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Rental vehicle reimbursement will use the state rates listed below as the maximum allowable charge:

STATE OF CALIFORNIA SHORT TERM PROGRAM RENTAL RATES TABLE EFFECTIVE, MARCH 3, 2020, WILL BE USED FOR A MAXIMUM AMOUNT ALLOWABLE FOR REIMBURSEMENT.

Class Type Sample Vehicle
Daily
Rates
Weekly
Rates
Compact Nissan Versa $36.06 $144.24
Mid-Size/Intermediate Hyundai Elantra $36.06 $144.24
Standard Buick Verano $38.25 $152.98
Full Size Nissan Altima $38.25 $152.98
Hybrid Electric/Plug-In Zero Emission
Vehicle Toyota Prius
$45.89 $183.58
Compact SUV Jeep Renegade $61.19 $244.77
Medium SUV Hyundai Santa Fe $96.16 $573.68
Pick Up Truck Ram 1500 $76.49 $305.96
3/4-Ton/ 1-Ton Pick Up Truck Chevy Silverado $98.35 $491.73 Mini Van
Dodge Grand
Caravan
$61.19 $244.77
Large Van Ford Transit Wagon $132.22 $793.32
Mini-Cargo Van Ram Promaster City $72.12 $360.60
15’ Cutaway Box Van w/ramp Transit Connect $76.49 $382.45 16’ Box Truck $92.88 $464.41
24’ Box Truck $109.27 $546.36
26’ Box Truck $109.27 $546.36
14’ Stake Bed $92.88 $464.41
24’ Stake Bed $109.24 $546.36
When renting a vehicle beyond four (4) days, assigned personnel will utilize the weekly rate through the seventh (7) day. Any days thereafter that do not constitute a week (seven (7) days) will be considered a daily rate.
292
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Included in State of California Program Rates-Short Term:

1. Unlimited mileage, Collision Damage Waiver (CDW)

2. $300,000 Supplemental Liability Protection (SLP)

3. Drop Charges: There will be no drop charges for any vehicles that are picked up and returned at an alternative Rental Branch location within the US with the exception of New York.

4. CDW for Business Rentals: Rates include full CDW (Collision Damage Waiver) with no deductible. CDW will cover any physical damage to the vehicle that may occur during a rental and is subject to the terms and limitations set forth in Enterprise’s standard rental contract.

See additional slide for exclusions.

5. SLP for Business Rentals: Rates include SLP (Supplemental Liability Protection). SLP will cover up to $300,000 in liability claims that may occur during a rental, as the result of an accident, and is subject to the terms and limitations set forth in Enterprise’s standard rental contract.

Damage Waiver Exclusion – Off-road use:

1. Operation of any vehicle that was not properly designed for the intended use

2. Excessive vehicle wear and tear, due to off-road operation, that may include:
a. Tire punctures or missing chunks of tread
b. Impact damage (body panels or undercarriage) defined as follows:
i. Scratches larger than 2” or multiple scratches per panel penetrating the paint ii. Dents larger than 2” or multiple dents per panel
iii. Impact to undercarriage that will require repair in order to maintain the drivability of the vehicle
iv. Rips in upholstery, missing or broken interior components

3. Soot, smoke, or stain damage requiring professional cleaning There are several options available to your agency and/or personnel for payment under the State of California Contract:

1. Direct bill account set up by your agency

2. Agency corporate credit card

3. Agencies can use account number XZCPFIR, and renters can choose to use their own payment method.

Rental vehicles authorized on the resource order do not need additional incident approval. The cost of the rental vehicle, if incurred by the local agency, and the fuel purchased to operate the rental vehicle must be submitted on the OES F-142A with receipts taped or photo copied. Rental vehicles that are not authorized on the resource order must receive the formal written approval from the incident as identified on page H-1 of this Exhibit.
293
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-5
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Documentation Requirements for Reimbursement of Expenses Check List:

General Message Form (ICS-213) signed by the Incident Commander, Finance Section Chief, or Incident Business Advisor
S# documented on forms ICS-213 and OES F-42
Completed OES F-42
Completed and signed OES F-142A with expense documented in date order Receipt(s)* taped on all sides to an 8 ½ x 11 sheet of paper in date order (photocopies preferred) If renting a vehicle, must submit exit invoice
For loss or damage reimbursement to a local agency emergency apparatus or support equipment, additional documentation also required:

Investigation/incident report
Photos
If costs are associated with food or lodging*, the reimbursement will be limited to the GSA Per Diem Rates in effect at the time of the response. Rates are available at https://www.gsa.gov/travel/planbook/per-diem-rates. The first and last calendar day of travel is calculated and reimbursed at 75%. *Double occupancy is preferred as appropriate.
294
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-6
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 OES F-142A at https://www.caloes.ca.gov/cal-oes-divisions/fire-rescue/administration-reimbursement 295
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-1 ACCRUAL ACCOUNTING is a method whereby revenue or expenses are recorded when a transaction occurs rather than when a payment is received or made.

I-2 ACTUAL HOURS shall mean on shift time which includes a specific start and ending time and is recorded as clock hours. On shift time includes actual work, ordered standby and compensable travel. Individuals are required to report to their designated work site as scheduled, ready and willing to perform work safely.

I-3 ADMINISTRATIVE RATE shall mean a pre-established percentage charge that maybe applied by the billing agency as determined by the CFAACommittee.

I-4 AGENCY AIRCRAFT shall mean any firefighting fixed or rotary‐winged aircraft (including Unmanned Aerial Vehicles) owned by Local, State, or Federal Fire Agencies.

I-5 AGENCY REPRESENTATIVE shall mean the ICS position that serves as the point ofcontact for an assisting or cooperating agency that has been delegated authority to make decisions on matters affecting that agency’s participation at the incident and reports to the LiaisonOfficer.

I-6 ANNUAL OPERATING PLAN shall mean a plan developed at the State, Geographic, or local levels for the implementation of administrative or operational practices or concerns.

I-7 ASSISTANCE BY HIRE shall mean fire suppression resources needed to fill the incidentorder that are to be paid for by the protecting agency.

I-8 BASE RATE shall mean the de minimis rate developed by the Committee.

I-9 BUREAU OF INDIAN AFFAIRS shall mean a federal bureau under the Department of the Interior charged with the responsibility to provide wildland fire protection and suppression for trust lands of federally recognized Native American Tribes.

I-10 CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCIES shall mean agencies, departments, or institutions to which Cal OES has, through agreement, assigned Cal OES-owned emergency apparatus; or who provide locally owned resources under provisions of the California Fire and Rescue Mutual Aid System. These agencies may also be referenced as, however, not be limited to, "local government" or "local agency".

EXHIBIT “I”

DEFINITIONS
296
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-11 CALIFORNIA MOBILIZATION GUIDE shall mean the interagency procedures for requesting, documenting, and sending resources to incidents within the State ofCalifornia.

I-12 CALIFORNIA WILDLAND COORDINATING GROUP shall mean the executive level interagency committee made up of representatives from the USDA Forest Service, California Department of Forestry and Fire Protection, USDI Bureau of Land Management, USDI National Park Service, USDI Bureau of Indian Affairs, USDI Fish and Wildlife Services, Association of Contract Counties representative, and the California Governor’s Office of Emergency Services.

I-13 COMPENSATE shall mean to give money in return for something such as work or paymentfor something lost or damaged.

I-14 DEMOBILIZATION CENTER/FACILITY shall mean that location or facility established at or near an incident for the processing of emergency apparatus and personnel prior to release to its home base.

I-15 DEPARTMENT OF DEFENSE FIRE DEPARTMENT shall mean any organizationmanaged by the Department of Defense for preventing and putting out fires principally on military installations.

I-16 EMERGENCY ACTIVITY RECORD (OES F-42) shall mean the personnel and equipment time record required for reimbursement through the CFAA. Referred to as OES F-42.

I-17 EMERGENCY APPARATUS shall mean any emergency response equipment or apparatus provided through the California Fire and Rescue Mutual Aid System.

I-18 EMERGENCY PERSONNEL shall mean any personnel responding on or with emergency apparatus and requested overhead personnel.

I-19 FEDERAL FIRE AGENCIES shall mean the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management, California Office, Regions 8 and 10; the USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Interior Regions 8 and 10, and USDI Bureau of Indian Affairs, Pacific Region.

I-20 FEDERALLY RECOGNIZED TRIBE shall mean an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and are eligible for funding and services from the Bureau of Indian Affairs.

I-21 GOVERNING BODY RESOLUTION (GBR) shall mean a formal declaration of the governing body concerning a certain subject which it either cannot or does not wish to control by ordinance. 297
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-22 HOME UNIT shall mean the geographical location an individual is normally assigned towork.

Also referred to as home base.

I-23 INCIDENT shall mean an occurrence or event, either human-caused or natural phenomena, that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources.

I-24 INCIDENT COMMAND SYSTEM (ICS) shall mean a standardized on-scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.

I-25 INCIDENT COMMANDER shall mean the ICS position responsible for overallmanagement of the incident and reports to the agency administrator for the agency having incident jurisdiction.

This position may have one or more deputies assigned from the same agency or from an assisting agency(s).

I-26 INCIDENT MANAGEMENT TEAM (IMT) shall mean the incident commander and appropriate command and general staff assigned to an incident.

I-27 INTERAGENCY shall mean involvement of two or more agencies to an agreement.

I-28 LOCAL AGENCY shall mean any city, city and county, county, or special district.

I-29 LOCAL AGREEMENT shall mean a pre-defined area agreement that includes that portion of the geographical jurisdictions of both the local reciprocal agreement signatories on which they have historically, frequently and continuously cooperated in initial and extended attack.

I-30 LOCAL JURISDICTION shall mean any political subdivision of government.

I-31 MOBILIZATION CENTER shall mean an off-incident location at which emergencyapparatus and personnel are temporarily located pending assignment, release orreassignment.

I-32 MOU/MOA shall mean a memorandum of understanding or memorandum of agreement, which is a formal business document used to outline an agreement made between two separate entities, groups, or individuals.

I-33 MUTUAL AID shall mean an agreement in which two or more parties agree to furnish resources and facilities and to render services to each party of the agreement to prevent and combat any type of disaster or emergency.

I-34 NON SUPPRESSION PERSONNEL shall mean personnel who occupy a civilian position within a fire agency.
298
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-35 POLITICAL SUBDIVISION shall mean any city, city and county, county, district, or other local governmental agency or public agency authorized bylaw.

I-36 PORTAL-TO-PORTAL shall mean the time of initial dispatch from home base to the timeof return to home base.

I-37 REIMBURSEMENT shall mean to pay someone/agency an amount equal to an amount that agency has spent or where the agency has accrued a financial liability.

I-38 SALARY RATES shall mean the sum of the hourly rates for each personnel in a classification including worker’s compensation and unemployment insurance divided by the number of employees in that classification. The hourly rate should not include overtime. Benefit pay, specialty pay, and/or incentive pay should also be excluded unless the pay is directly tied to each hour of overtime worked.

I-39 SALARY SURVEY refers to the form used to establish rates for reimbursement filed withCal OES Fire and Rescue Division.

I-40 STAGING AREA shall mean the location where emergency apparatus and personnel are assigned to an incident for deployment on a three-minute availability status.

I-41 STRUCTURAL FIRE PROTECTION shall mean fire suppression within a structure.

I-42 STRUCTURE DEFENSE shall mean the protection of homes or other structures fromwildland fire before the fire reaches the structure; exterior fire protection measures.

I-43 SUPPLEMENTAL PERSONNEL shall mean overhead tied to a local fire department generally by agreement who are mobilized primarily for response to incidents/wildland fires outside of their district or mutual aid zone. They are not a permanent part of the local fire organization and are not required to attend scheduled trainings, meetings, etc., of the department staff.

I-44 SUPPRESSION PERSONNEL shall mean personnel who routinely respond to emergencies.

I-45 TRIBAL FIRE DEPARTMENT shall mean a federally-recognized tribe with suppression and/orall-risk response capabilities.
299


SECOND ADDENDUM
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WHEREAS, on "QSJM
, 2020, the following parties entered into an agreement called the Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Fire Agencies (hereinafter referred to as the California Fire Assistance Agreement, CFAA or the Agreement) between, UIF
California Governor’s Office of Emergency Services (Cal OES); the State of California, Department of Forestry and Fire Protection (CAL FIRE); the United States Department of Agriculture (USDA) Forest Service, Pacific Southwest Region (USFS); the United States Department of the Interior (USDI) Bureau of Land Management, California State Office, Interior Regions 8 and 10 (“BLM”); the USDI National Park Service, Interior Regions 8, 9, 10, and 12 (NPS); USDI Fish and Wildlife Service, 1BDJGJD
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(“FWS”); and USDI Bureau of Indian Affairs, Pacific Region (“BIA”) (each individually a “Party” and collectively the “Parties”)1 ;
WHEREAS, the Parties have negotiated pursuant to the Agreement, specifically Recital 37, and want to revise and amend the Agreement through this Second Addendum; 5IF
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1 Each Party has an assigned agreement number as listed here to identify the Agreement: Cal OES #6143-2019, CAL FIRE #7CA004953, USFS #20-FI-11052012-147, BLM #CA915-2004, NPS #P20AC00506, FWS #FF08F00000-D-J001, and BIA #A20ACPRO01. 300
IN WITNESS WHEREOF, the Parties have executed this Second Addendum to the Agreement:

DIRECTOR

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY

SERVICES
_________________________________
By: NANCY WARD
Director
Dated: _______________________________

DIRECTOR

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE

PROTECTION
________________________________
By: JOE TYLER
Director
Dated___________________

REGIONAL FORESTER

PACIFIC SOUTHWEST REGION

USDA FOREST SERVICE
_________________________________
By: JENNIFER EBERLIEN
Regional Forester
Dated: ______________________________

CALIFORNIA STATE DIRECTOR

USDI BUREAU OF LAND

MANAGEMENT

CALIFORNIA STATE OFFICE
_________________________________
By: JOE STOUT
California State Director
Dated: _______________________________
301

REGIONAL DIRECTOR

USDI NATIONAL PARK SERVICE
INTERIOR REGIONS 8, 9, 10 & 12
_________________________________
By: DAVID SZYMANSKI
Regional Director
Dated: ______________________________

REGIONAL DIRECTOR

USDI BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE
____________________________________
By: AMY DUTSCHKE
Regional Director
Dated: ______________________________

REGIONAL DIRECTOR

USDI FISH AND WILDLIFE SERVICE

PACIFIC SOUTHWEST REGION
Acting Regional Director
Dated: _______________________________
JILL RUSSI Digitally signed by JILL RUSSI
Date: 2024.12.03 13:39:11 -08 ____________________________________'00' By: Jill Russi
302
REVIEW
The authority and format of this instrument have been reviewed and approved for signature by the following individuals:

STATE FIRE MANAGEMENT ANALYST

USDI BUREAU OF LAND

MANAGEMENT

CALIFORNIA STATE OFFICE
_________________________________
By: VANESSA KOBILIS
Dated: ______________________________

CONTRACTING OFFICER

USDI BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE
____________________________________
By: JODI ZACHARY
Dated: ______________________________
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USDI FISH AND WILDLIFE SERVICE

PACIFIC SOUTHWEST REGION

VERONIKA KLUKAS KLUKAS
Digitally signed by VERONIKA
____________________________________ Date: 2024.12.03 09:44:45 -08'00' By: 7FSPOJLB
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303
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0273 Agenda Date: 7/21/2025 Agenda #: 10.

Agenda Item Wording:

Record Final Subdivision Map - Request authorization to record the final map for Elliott Subdivision Phase 1, located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (83 lots); and also request authorization to initiate proceedings for the formation of Landscape and Lighting Assessment District No. 25-07, “Elliott Subdivision,” and ordering and levying the annual assessments for Landscape and Lighting Assessment District No. 25-07, “Elliott Subdivision.” (Resolution Nos. 2025-54 and 2025-55 required).

Prepared by:

Luqman Ragabi, Associate Engineer, [email protected], (599) 713-4362 Adrian Rubalcaba, Sr. Project Manager, [email protected] (559)713-4507 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495.

Department Recommendation: Staff recommends that City Council authorize the recordation of the final map for Elliott Subdivision Phase 1, located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue. Staff also recommends the adoption of Resolution No. 2025-54 initiating proceedings for the formation of Assessment District No. 25-07 "Elliott Subdivision" and adopt Resolution No. 2025-55 ordering the improvements and levying the annual assessments for Assessment District No. 25-07 "Elliott Subdivision".

Summary:

The Elliott Subdivision will subdivide 59.13 acres into a 225-lot single-family residential subdivision, along with five lettered lots designated for Landscape and Lighting District (LLD) purposes. The

59.13-acre site consists of two currently undeveloped parcels and is planned to be developed in two phases. The final map Elliott Subdivision Phase 1 will subdivide of 25.4-acres into 83 lots with four lettered out lots (A - D). Lot A, a 4-acre park, will be dedicated to the City as part of the Subdivision.

The remaining 25-acres will be completed as Elliott Subdivision Phase 2. The proposed subdivision will provide internal, 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and streetlights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from Roeben Street, which is identified as a collector. Secondary access will be provided from west Tulare Ave.

This final map Elliott Subdivision Phase 1 is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, San Joaquin Valley Homes., and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $6,625,423.75 and Labor and Materials Bond in the amount of $3,312,711.88; 3) cash payment of $817,545.49 distributed to various accounts to cover City fees; and 4) final map
The Landscape and Lighting Assessment District No. 25-07 has also been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0273 Agenda Date: 7/21/2025 Agenda #: 10.
development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.

Background Discussion:

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners associations for the maintenance of common features such as landscaping, irrigation systems, streetlights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080, and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact: 83 lots will start contributing to the landscape and lighting assessment district (L&LD Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0273 Agenda Date: 7/21/2025 Agenda #: 10.
25-07) created for maintenance of common features related to this subdivision. The annual lot assessment will be $ 957.07 per lot.

Prior Council Action: On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Other: On July 22, 2024 The Tentative subdivision map for Elliott Subdivision (Tentative Subdivision Map No. 5597) was approved by the Planning Commission.

On June, 2025, L&LD 25-07 was reviewed and approved as to form by the Landscape and Lighting Committee.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Elliott Subdivision Phase 1; the adoption of Resolution No. 2025-54 initiating proceedings for the formation of Assessment District No. 25-07 “Elliott Subdivision”; and the adoption of Resolution No. 2025-55 ordering the improvements and levying the annual assessments for Assessment District No. 25-07 “Elliott Subdivision.” Environmental Assessment Status: Completed.

CEQA Review: Mitigated Negative Declaration No. 2024-05.

Deadline for Action: 7/21/2025
Attachments:

1. Final Map
2 .Aerial Map

3. Development Disclosure

4. Resolution Documents including:

Resolution Initiating Proceedings for Formation
Clerk’s Certification Resolution Ordering the Improvements Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report
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307
1322.55' (1322.55')
N89° 59' 45"W 2645.09' (N89° 59' 45"E 2645.09') ((S89° 59' 53"E 2645.09')) 1322.55' (1322.55')
N0° 09' 41"W 659.33' (N0° 09' 41"W 659.33')
N89° 59' 49"W 1322.32' (N89° 59' 49"W 1322.32')
N0° 08' 31"W 659.30'
N89° 59' 53"W 2644.20' (N89° 59' 53"W 2644.20') ((S89° 59' 56"E 2644.22')) N89° 59' 45"W 1172.53' (N89° 59' 45"W 1172.53')
N90°00'00"E 2643.30' ((N90°00'00"E 2643.36'))
N0° 08' 31"W 2637.22' (N0° 08' 31"W 2637.22') ((N0° 08' 16"W 2637.08')) N0° 09' 41"W 1266.66' (N0° 09' 41"W 1266.66')

OWNER'S STATEMENT

STATE OF CALIFORNIA/COUNTY OF TULARE

SIGNATURE
MY COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC

PRINT NAME
COMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME

ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD

TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION

SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY.

WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHTS OF WAY FOR ROEBEN STREET, ROAD 92 (SHIRK ROAD), HOWARD AVENUE, JACQUES

STREET, FEEMSTER AVENUE, BLUEGRASS STREET, SAVANNAH STREET, MARCIN STREET,

DARTMOUTH AVENUE, IRIS AVENUE, AND WEST TULARE AVENUE

2. LOT A IN FEE TO THE CITY OF VISALIA FOR PARK AND OTHER PUBLIC PURPOSES

3. LOTS B, C, AND D IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES,

BLOCKWALLS, AND OTHER PUBLIC PURPOSES

4. PUBLIC UTILITY EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND

MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, WATER SERVICES, TELEVISION

AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)

5. BLOCK WALL EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND

MAINTENANCE OF BLOCK WALLS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK WALL

EASEMENT)

6. TEMPORARY STORM DRAINAGE BASIN EASEMENT OVER AND ACROSS LOTS 77, 78, 79, 80, 81, 82, AND 83 TO THE CITY OF VISALIA FOR STORM DRAIN PURPOSES

WE ALSO HEREBY RELINQUISH VEHICULAR INGRESS AND EGRESS RIGHTS TO THE PUBLIC STREETS AS SHOWN HEREON.

SJV HORIZONTAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: SJV HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS SOLE MEMBER NAME: JOSEPH A. LEAL TITLE: AUTHORIZED REPRESENTATIVE DATE:

NOTARY ACKNOWLEDGEMENT
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593

BOARD OF SUPERVISOR'S STATEMENT

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SAN JOAQUIN VALLEY HOMES 2/21/24 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND

OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

CLINTON J. CAUDLE P.L.S. 9849 DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP

ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

MICHAEL E. LONG P.L.S. 6815 DATE

CITY SURVEYOR

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS _______ DAY OF _____________________, 20______, AN ORDER WAS DULY AND REGULARLY MADE

AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC,

ACCEPTING SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, TEMPORARY STORM DRAIN BASIN EASEMENT, AND LOTS A, B, C, AND D; AND ACCEPTING THE PUBLIC UTILITY EASEMENTS, BLOCK WALL

EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF , 20 .

LESLIE B. CAVIGLIA

CITY MANAGER/CITY CLERK
BY: CHIEF DEPUTY CITY CLERK
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS

OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THE SAID BOARD OF

SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATED THIS DAY OF , 20 .

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY:

DEPUTY CLERK
DOCUMENT NO. FEE PAID
FILED THIS DAY OF ,20 , AT M.,

IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS, AT THE REQUEST OF 4 CREEKS, INC.

TARA K FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDER BY:

DEPUTY
SHEET 1 OF 4

LANDSCAPE & LIGHTING ASSESSMENT DISTRICT

ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN “ASSESSMENT DISTRICT NO. _____, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA,” ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.

FLOOD HAZARD ZONE

AS DELINEATED ON TEH FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0928E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES

PARTIALLY WITH ZONE AE, WHICH ARE SPECIAL FLOOD HAZARDS AREAS SUBJECT TO INUNDATION NY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED AND PARTIALLY WITH ZONE X (SHADED), WHICH ARE AREAS OF 0.2-PERCENT ANNUAL CHANCE FLOODING, THE 1% ANNUAL CHANCE FLOODPLAIN BOUNDARY, BASE FLOOD ELEVATION LINES

AND VALUES AND THE CALCULATED MINIMUM FINISHED FLOOR ELEVATIONS ARE SHOWN FOR THE PORTIONS OF THIS MAP THAT LIE WITHIN THE SPECIAL FLOOD HAZARD AREA.

NORTH

CITY OF

VISALIA, CA

CITY PLANNER'S STATEMENT
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP #5597

APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 07/22/2024.

BY: PAUL BERNAL, DATE

PLANNING AND COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER

THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.

PARCEL 1 OF LOT LINE ADJUSTMENT NO. PLA 24-010. RECORDED 11/26/2024, GRANT DEED DOC. NO.2024-0059887, OF OFFICIAL

TULARE COUNTY RECORDS

ELLIOTT SUBDIVISION
PHASE 1

BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR LEGEND
( )
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC.

NO. 2024-0059887, O.R .

RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR

FOUND MONUMENT AND ACCEPTED AS DESCRIBED
N0° 10' 51"W 52.00'
(N0° 10' 51"E 52.00')
N0° 10' 51"W 2637.41' (N0° 10' 51"W 2637.41') ((N0° 10' 31"W 2637.18')) W1/4 COR. OF SEC. 34-18/24
FOUND TC COR. PER PM NO. 4334 REC.

BK. 44, OF PARCEL MAPS, PG 38, TCR
CTR. COR. OF SEC. 34-18/24

FOUND BRASS DISC, NO STAMPING

AT POSITION OF NAIL WITH OFFSETS
BK 35, OF MAPS, PG 6, TCR
SW COR. OF SEC. 34-18/24

FOUND BRASS DISC WITH CENTER PUNCH, NO IDENTIFICATION
MARKINGS PER PM NO. 4334 REC. BK. 44, OF PARCEL MAPS, PG 38, TCR S 1/4 COR. OF SEC. 34-18/24
FOUND NAIL WITH 2 FOOT OFFSETS AT THE POSITION
OF THE BRASS DISC TAGGED RCE 15310
PER PM NO. 4334
1318.70' (1318.70') ((1318.59'))
HWY 198 HWY 198 SHIRK ROAD ROEBEN STREET

TULARE COUNTY

CITY OF VISALIA

CITY OF VISALIA

AKERS STREET
1318.70' (1318.70')
1318.61' (1318.61')
NORTH

CITY OF

VISALIA, CA

VICINITY MAP

NO SCALE

BOUNDARY MAP
1172.10' (1172.10') 1452.10' (1452.10')

CITY LIMITS

CITY LIMITS
FLOOD ZONE X FLOOD ZONE AE PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010 GRANT DEED DOC. NO. 2024-0059884, O.R.

SUBJECT PROPERTY

FLOOD ZONE X

FLOOD ZONE AE

BASIS OF BEARINGS
1266.70' (1266.70')

PRELIMINARY
20' PUBLIC HIGHWAY TO
TULARE COUNTY REC.
02/09/1923 BK 6 PG 307, O.R.

VERTICAL DATUM NOTE: BASE FLOOD ELEVATION VALUES SHOWN ON THIS MAP ARE CONVERTED FROM THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) TO THE CITY OF VISALIA DATUM BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29) USING THE CONVERSION FACTOR OF 2.73 ESTABLISHED IN FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE STUDY DATED JUNE 16, 2009. THE CONVERSION FACTOR OF 2.73 IS SUBTRACTED FROM THE NAVD 88 VALUE TO OBTAIN THE EQUIVALENT NGVD 29 VALUE.

TULARE AVENUE
SCALE: 1" = 250'
250' 250'
PORTION PARCEL 2
((1318.54'))
8 PM 37
1302.32'
ROAD 92 (SHIRK RD) ((1318.59'))
(( ))

EASEMENTS AND AGREEMENTS

THAT AFFECT SUBJECT PROPERTY
PERSIAN DITCH COMPANY EASEMENT FOR DITCH PURPOSES IN FAVOR OF PERSIAN DITCH COMPANY, RECORDED 11/16/1895, BK 73, OF DEEDS, PG 357, OFFICIAL RECORDS (EXACT LOCATION AND EXTENT IS NOT DISCLOSED OF RECORDS) WATSON DITCH COMPANY EASEMENT FOR DITCH PURPOSES IN FAVOR OF WATSON DITCH COMPANY, REC. BK. 116, OF DEEDS, PG 311, OFFICIAL RECORDS (BLANKET EASEMENT OVER W1/2 SE4 & E1/2 SW4 SEC. 34-18/24) WATSON DITCH COMPANY EASEMENT FOR DITCH PURPOSE REC. IN 10/04/1911 BK190, OF DEEDS, PG 169, OFFICIAL RECORDS (AMBIGUOUS WRITING UNABLE TO DRAFT ACCURATELY)
SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES REC. 07/17/1970 BK 2904, PG 111, OF OFFICIAL RECORDS (EASEMENT AFFECTING PHASE 2 OF PROPERTY)
1 2
20' PUBLIC HIGHWAY TO
TULARE COUNTY REC.
08/04/1899 BK 6 PG 292, O.R.
20'
50' DITCH EASMT. TO WATSON DITCH AND PERSIAN
DITCH CO.'S REC. 04/18/1990 DOC. NO. 23902 & 23903 O.R. 20'

ROEBEN STREET
3 4
TSM 5597

CITY LIMITS
TEMPORARY BUILDING RESTRICTIONS NOTE: LOTS 77 THROUGH 83 ARE

SUBJECT TO TEMPORARY BUILDING RESTRICTION AS SET OUT IN

DECLARATION OF TEMPORARY BUILDING RESTRICTIONS, RECORDED ______________, 20___, AS FILE NO. 20___ -_________________.

LOTS 77 THROUGH 83 CONTAIN A TEMPORARY STORM DRAINAGE BASIN

INTENDED TO SERVE THE DRAINAGE NEEDS OF THE PUBLIC STREETS AND LOTS WITHIN THE SUBDIVISION. A TEMPORARY STORM DRAINAGE EASEMENT OVER LOTS 77 THROUGH 83 IS GRANTED TO THE CITY OF VISALIA. THE CITY'S RECORDING OF THE CANCELLATION OF THE ABOVE

REFERENCED DECLARATION OF TEMPORARY BUILDING RESTRICTIONS

WILL SERVE AS THE CITY'S ABANDONMENT OF THE TEMPORARY STORM DRAIN EASEMENT.
308

22.00'

22.00'
N89° 59' 49"W 1,322.32' (N89° 59' 49"W 1,322.32')

HOWARD AVENUE

FEEMSTER AVENUE BLUEGRASS STREET

JACQUES STREET

SAVANNAH STREET
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) N0° 00' 11"E 114.32'
N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31' N0° 00' 11"E 106.67'
N0° 00' 11"E 122.43'
770.99'

60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00'

60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 32.55' C6
C5 C4
C3
C1
C2
R4
R3
R2
R1
N89° 59' 49"W 885.84'
N0° 09' 41"W 370.00'
N89° 59' 49"W 1,038.67'
N0° 00' 11"E 515.00'
295.60' 295.70' 447.37' 145.00' 370.00'
295.60' 294.64'
215.60'
290.00'
215.60'
290.00'
214.73'
290.00'
215.62'
290.00'
272.55'
350.52'
469.38'
350.30'
105.00'
100.01'
105.00'
493.81'

65.00' 60.00' 60.00' 60.00' 65.00'

65.00' 60.00' 60.00' 60.00' 65.00'
117.80' 117.63'
117.80' 117.46'
117.80' 117.29'
117.80' 117.11'
107.80' 106.93'

55.00' 60.00' 60.00' 60.00' 55.00'

55.00' 60.00' 60.00' 60.00' 55.00'
107.80' 107.82'
107.80' 107.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
107.80' 107.80'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60' N89° 59' 49"W 234.91'
N89° 59' 49"W 235.09'
N89° 59' 49"W 235.26'
N89° 59' 49"W 235.43'
N0° 09' 41"W 310.00'
N0° 09' 41"W 310.00'
N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00' N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00' 110.01'

55.00' 60.00' 60.00' 60.00' 60.00' 55.30'

62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 65.00' 65.00' 60.00' 60.00' 60.00' 60.00' 60.00' N0° 08' 31"W 659.30'
N44° 55' 50"E 21.17'

10.00'
60'
30'
60' 30'
30'
30'
60'
30'
30' 60'
30'
30'
30' 30'
60'
30' 30'
60'
30' 30'
60'
60'
30'
30'

62.00'
C9
N0° 00' 11"E 104.63'
N0° 00' 11"E 115.00'
S51° 20' 23"E (R)
N21° 54' 02"E (R)
N0° 09' 41"W 370.00'

30.00' 30.00'
145.00' 514.30'

20.00'
R5
R6

62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 55.00' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16'
N45° 04' 45"W 14.16' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16' N45° 00' 11"E 14.14' N44° 55' 15"E 14.12' N44° 59' 49"W 14.14' N45° 00' 11"E 14.14' N45° 04' 45"W 15.00'
N44° 59' 49"W 15.00'
22' 20'
30'
42'
22' 20' 42'
N45° 00' 11"E 14.14' N44° 59' 49"W 14.14'

55.00' 55.00' 60.00' 60.00' 60.00'55.00' 60.00' 60.00' 60.00' 55.00' 659.30'
1302.32'
1452.10'
376.67'
10'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE 6' PUE
6' PUE
6' PUE 6' PUE
6' PUE
6' PUE N45° 04' 10"W 21.14'
29 6747 sf
30 7130 sf
31 7130 sf
32 7130 sf
33 7130 sf
34 7130 sf
35 7130 sf
36 7130 sf
37 7425 sf
38 7607 sf
39 7068 sf
40 7068 sf
41 7068 sf
42 7607 sf
43 7607 sf
44 7068 sf
45 7068 sf
46 7068 sf
47 7607 sf
48 7607 sf
49 7068 sf
50 7068 sf
51 7068 sf
52 7607 sf
53 7556 sf
54 7032 sf
55 7042 sf
56 7053 sf
57 7602 sf
58 7425 sf
59 6900 sf
60 6900 sf
61 6900 sf
62 6900 sf
64 6439 sf 65
6787 sf
66 6859 sf
67 6859 sf
68 6859 sf
69 6859 sf
70 6859 sf
71 6859 sf
72 6859 sf
73 6859 sf 6859 sf
50' WIDE IRRIGATION DITCH IN FAVOR OF WATSON DITCH
FOR DITCH PURPOSES REC. 04/18/1990 DOC. NO. 23902 & COMPANY AND PERSIAN DITCH COMPANY 23903 O.R.

7.05'

14.12'
2' BWE
2' BWE
LOT A

4.165 acres
84'
84'
427.37'
2' BWE2' BWE2' BWE2' BWE
LOT B
1050 sf
63 6904 sf
2' BWE
2' BWE
2' BWE
30'

JACQUES STREET

HOWARD AVENUE
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 2 OF 4
LEGEND
(R)
( )
TCR

THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,

COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.

ELLIOTT SUBDIVISION
PHASE 1
O.R.

PUE
BWE

BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, 60' 60' TCR
CTR. COR. OF SEC. 34-18/24

FOUND BRASS DISC
AT POSITION OF NAIL WITH OFFSETS BK 35, OF MAPS, PG 6, TCR S1/4 COR. OF SEC. 34-18/24 FOUND NAIL WITH 2 FOOT OFFSET AT THE POSITION OF THE BRASS DISC TAGGED RCE 15310 PER PM NO. 4334 TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS

WHEN UNABLE TO PLACE ALONG LOT SIDELINES
1318.61' 659.30'

ROEBEN STREET
G.D.
5'
5'
5'
LOT
STREET
SCALE: 1" = 60'
N0° 08' 31"W 2637.22' (N0° 08' 31"W 2637.22') ((N0° 08' 07"W 2637.08')) 20' WIDE IN FAVOR OF TULARE

COUNTY FOR PUBLIC HIGHWAY
PER GRANT DEED 02/09/1923
REC. BK 6 PG 307, O.R.

PORTION PARCEL 2
8 PM 37

DARTHMOUTH AVENUE

FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"

5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE

TULARE COUNTY RECORDS

OFFICIAL RECORDS

RADIAL BEARING

GRANT DEED

BASE FLOOD ELEVATION
(( ))
2' BWE

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R .

RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR

VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP
20' 42'
84'
SEE SHEET 4 FOR RADIAL

AND CURVE TABLE
NOTE:

SEARCHED FOR BUT NOTHING FOUND

SEARCHED FOR BUT NOTHING FOUND
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) BFE
TSM 5597
22'
309
78 6651 sf 79
10450 sf
80 9947 sf
81 6099 sf
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 230.20'

18.00'

60.00'

18.44'
N89° 59' 49"W 1,038.67'
N45° 04' 43"W 14.16'
N44° 55' 17"E 14.12'
N89° 59' 49"W 1,322.32' (N89° 59' 49"W 1,322.32') SAVANNAH STREET

SAVANNAH STREET

FEEMSTER AVENUE

MARCIN STREET
N0° 00' 11"E 114.32'
770.99'
N89° 59' 49"W 885.84'
290.00'
117.80'
117.80'
117.80'
117.80'
N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32' N0° 00' 11"E 103.21'
N46° 03' 41"E 162.96'
N89° 50' 19"E 97.63'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 59' 45"W 138.00'
215.33'
153.43' 60.00' 60.00' 60.00' 60.00' 60.00'
144.34' 60.00' 60.00' 65.31' 30.00' 30.00' 65.00' 62.00' 62.00' 63.00'

60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 55.00'

30.00'

60.00' 60.00'

60.00' 60.00' 60.00' 60.00' 65.00'
117.80' 148.52' 62.00'
107.80' 107.80'
C15
C21
C20
C19
C18 C17
C16
C9
C7
C14
C11
C10
C12
N89° 59' 49"W 117.80'
N89° 59' 49"W 117.80' N49° 30' 19"W 150.84'
N0° 00' 11"E 104.63'
N0° 00' 11"E 115.00'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 112.40'
N11° 26' 30"W (R)

4.81'
S57° 52' 39"E (R)
S5° 47' 37"E (R)
N36° 22' 42"E (R)
S78° 33' 00"W (R)
N0° 09' 41"W 370.00'
R9
R10
R11
R12
R5
R6
R7
R8
N0° 09' 41"W 485.00'
272.42'
475.00'

98.00'

98.00'

55.00' 60.00'

3.01'

60.00' 60.00' 60.00' 60.00' 55.00' 60.00' 60.00' 60.00' 37.42' 215.60'

55.31' 62.00' 62.00' 63.00'
N44° 55' 15"E 14.12'
N45° 04' 45"W 14.16' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16'

60.00'

60.00'
N44° 55' 15"E 15.00'
30' 30'
60' 30'
30'
60'
30' 30'
60' 30'
30'
60'
30' 30'
C8

55.00' 60.00' 60.00' 60.00' 55.00'
N0° 09' 41"W 370.00'
552.00' 118.01'
632.00'
N0° 09' 41"W 1,174.33'
295.60'
N0° 09' 41"W 1,266.66' (N0° 09' 41"W 1,266.66')
1302.32'
1452.10'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
150.00'
9 6480 sf
10 6804 sf
11 6696 sf
12 6696 sf
13 6987 sf
14 7068 sf
15 7068 sf
16 7068 sf
17 7068 sf
18 7068 sf
19 7068 sf
20 7068 sf
21 7607 sf
22 7607 sf
23 7068 sf
24 7068 sf
25 7068 sf
26 7028 sf
28 12866 sf 29
6747 sf
7607 sf
7068 sf
7068 sf
7068 sf
7607 sf
73 6859 sf
74 6859 sf
75 6859 sf
76 6859 sf
77 6859 sf
82 6480 sf
83 6987 sf
27 11262 sf
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) 2' BWE
2' BWE
2' BWE
2' BWE
30'

MARCIN STREET
AVENUE

DARTMOUTH
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 3 OF 4

THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,

COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.

ELLIOTT SUBDIVISION
PHASE 1
60' 60'

NO SCALE

DETAIL 'A'
C8C11
C12
C13
C14
LOT 27
LOT 26
N89° 59' 49"W 112.40
R7
S62° 58' 11"W (R)

HOWARD AVENUE

SAVANNAH STREET
PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010, GRANT DEED DOC. NO. 2024-0059884, O.R.

TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS

WHEN UNABLE TO PLACE ALONG LOT SIDELINES
5'
5'
5'
LOT
STREET
SCALE: 1" = 60'
6' PUE

SEE DETAIL 'A'

BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR LEGEND
(R)
( )
TCR
O.R.

PUE
BWE
G.D.

FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"

5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE

TULARE COUNTY RECORDS

OFFICIAL RECORDS

RADIAL BEARING

GRANT DEED

BASE FLOOD ELEVATION
(( ))

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R .

RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37 OF MAPS, PAGE 4, TCR

VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP

TEMPORARY STORM DRAIN BASIN EASEMENT IN FAVOR OF CITY OF

VISALIA, PER THIS MAP
(SEE "TEMPORARY BUILDING RESTRICTIONS" NOTE ON SHEET 1) SEE SHEET 4 FOR RADIAL

AND CURVE TABLE
NOTE:

BFE

SEARCHED FOR BUT NOTHING FOUND
TSM 5597
310
693.60'
ORANGE
TC COR

18.00'
N44° 55' 17"E 14.12'
N0° 09' 41"W 659.33' (N0° 09' 41"W 659.33')
N89° 59' 45"W 1,322.55' (N89° 59' 45"W 1,322.55')

MARCIN STREET

WEST TULARE AVENUE
BFE 300.01'
BFE 300.01'
BFE 300.01'
BFE 300.01'
N45° 04' 43"W 14.16'

IRIS AVENUE
BFE 300.01'
N0° 09' 41"W 1,174.33'
N89° 59' 45"W 138.00'
632.00' 327.00'
230.08' 552.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'

98.00'

98.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'

60.00' 60.00' 60.00' 60.00' 69.69'

80.00' 60.00' 60.00' 60.00' 60.00'

55.31' 60.00' 60.00' 54.77'

60.00' 60.00' 60.00' 65.00' 30.00' 30.00'
42'
30' 12'
60' 30'
30'
42'
30' 12'
42' 42'

14.16'

6.97'
N45° 04' 43"W 21.14'
601.40'
525.32' 625.13'
502.00'
N53° 09' 48"W 16.68' N53° 53' 08"E 16.96'

58.00' N44° 54' 42"E 14.12' 10' 10'

52.00'
103.08'

12.00'
N89° 59' 45"W 1275.60'
1172.53'
N0° 09' 41"W 1,266.66' (N0° 09' 41"W 1,266.66')
6' PUE
6' PUE
6' PUE
6' PUE
2' BWE
LOT C
6133 sf
LOT D
5137 sf
1 6451 sf
2 6480 sf
3 6480 sf
4 6987 sf
7 6480 sf
8 6480 sf
9 6480 sf
6 6480 sf
5 8573 sf
20' EASE. FOR PUBLIC HIGHWAY PURPOSE IN FAVOR OF COUNTY OF TULARE REC. BK 6 OF RIGHTS OF WAY PG 292 OFFICIAL RECORDS

MARCIN STREET

33.63'
616.95'
N0°10'51"W 52.00' 33.52'

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
DELTA
27°20'23"
144°40'45"
65°59'49"
73°14'25"
5°26'31"
27°20'23"
27°21'30"
144°52'51"
38°48'10"
46°26'10"
59°38'31"
LENGTH

23.86'
131.31'

59.90'

66.47'

4.94'

23.86'

23.87'
131.49'

35.22'

42.14'

54.13'
RADIUS

50.00'

52.00'

52.00'

52.00'

52.00'

50.00'

50.00'

52.00'

52.00'

52.00'

52.00'

CURVE TABLE
CURVE #
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
DELTA
27°21'30"
0°29'21"
26°52'08"
27°19'16"
144°28'39"
21°31'27"
42°10'19"
42°10'19"
38°36'34"
27°19'16"
LENGTH

23.87'

0.43'

23.45'

23.84'
131.12'

19.53'

38.27'

38.27'

35.04'

23.84'
RADIUS

50.00'

50.00'

50.00'

50.00'

52.00'

52.00'

52.00'

52.00'

52.00'

50.00'

RADIAL TABLE
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12

BEARING
S89° 59' 49"E
S62° 39' 48"W
S27° 20' 33"W
N0° 00' 11"E
S0° 00' 11"W
N27° 21' 40"E
S62° 28' 49"W
S89° 50' 19"W
S0° 00' 11"W
N27° 19' 05"W
N62° 50' 25"W
N89° 50' 19"E
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 4 OF 4

THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,

COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.

ELLIOTT SUBDIVISION
PHASE 1
60' 60'
N0° 10' 51"W 2637.41' (N0° 10' 51"W 2637.41') ((N0° 10' 31"W 2637.18')) W1/4 COR. OF SEC. 34-18/24
FOUND TC COR. PER PM NO. 4334 REC.

BK. 44, OF PARCEL MAPS, PG 38, TCR
SW COR. OF SEC. 34-18/24

FOUND BRASS DISC WITH CENTER

PUNCH, NO IDENTIFICATION MARKINGS
PER PM NO. 4334 REC. BK. 44, OF PARCEL
MAPS, PG 38, TCR
20' RIGHT OF WAY PER
VOL 6, OF RIGHTS OF
WAY, PG 292, TCR
5'
TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS

WHEN UNABLE TO PLACE ALONG LOT SIDELINES
5'
5'
LOT
STREET
PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010, GRANT DEED DOC. NO. 2024-0059884, O.R.

BFE 300.00'
ROAD 92

FLOOD ZONE X

FLOOD ZONE AE

FLOOD ZONE AE

FLOOD ZONE X

SHIRK ROAD

FLOOD ZONE X

FLOOD ZONE AE
SCALE: 1" = 60'

BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR
LEGEND
(R)
( )
TCR
O.R.

PUE
BWE
G.D.

FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"

5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE

TULARE COUNTY RECORDS

OFFICIAL RECORDS

RADIAL BEARING

GRANT DEED

BASE FLOOD ELEVATION
(( ))

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R.

RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR

VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP
BFE
TSM 5597
2585.41'
311
312
313
RESOLUTION NO. 2025-54

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 25-07
Elliott Subdivision
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting act of 1972 (section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of landscaping, street trees, landscape trees, local streets, streetlights, block walls and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 25-07, City of Visalia, Tulare County, California”, and shall include the land shown on the map designated “Assessment Diagram, Assessment District No.25-07, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Elliott Subdivision.”

3. The City Engineer of the City of Visalia is hereby designated Engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

PASSED AND ADOPTED: July 21, 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 2025-54 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025.

Dated: July 21, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By, Reyna Rivera Chief Deputy City Clerk
314
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 25-07
Elliott Subdivision
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 25-07, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on July 21, 2025, by its Resolution No. 2025-54.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: July 21, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By, Reyna Rivera Chief Deputy City Clerk
315
RESOLUTION NO. 2025-55

RESOLUTION ORDERING THE IMPROVEMENTS
FOR ASSESSMENT DISTRICT NO. 25-07
Elliott Subdivision
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 25-07, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owner of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2025-2026.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to the County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
316
PASSED AND ADOPTED: July 21, 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 2025-55 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025.

Dated: July 21, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By, Reyna Rivera Chief Deputy City Clerk
317
Exhibit “A”
Assessment Diagram
Assessment District No. 25-07, City of Visalia, Tulare County, California Elliott Subdivision
318
Exhibit “B”
Landscape Location Diagram
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
319
Exhibit “C”
Tax Roll Assessment
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
Fiscal Year 2025-26
APN # Assessment OWNER LOT# DISTRICT
To Be Assigned $ 957.07 SJV HOMES 25-07001 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07002 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07003 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07004 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07005 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07006 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07007 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07008 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07009 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07010 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07011 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07012 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07013 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07014 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07015 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07016 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07017 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07018 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07019 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07020 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07021 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07022 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07023 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07024 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07025 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07026 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07027 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07028 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07029 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07030 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07031 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07032 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07033 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07034 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07035 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07036 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07037 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07038 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07039 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07040 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07041 25-07 ELLIOTT SUBDIVISION 320
Exhibit “C”
Tax Roll Assessment
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
Fiscal Year 2025-26
To Be Assigned $ 957.07 SJV HOMES 25-07042 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07043 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07044 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07045 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07046 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07047 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07048 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07049 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07050 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07051 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07052 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07053 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07054 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07055 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07056 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07057 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07058 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07059 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07060 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07061 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07062 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07063 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07064 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07065 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07066 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07067 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07068 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07069 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07070 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07071 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07072 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07073 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07074 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07075 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07076 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07077 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07078 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07079 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07080 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07081 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07082 25-07 ELLIOTT SUBDIVISION To Be Assigned $ 957.07 SJV HOMES 25-07083 25-07 ELLIOTT SUBDIVISION 321
Exhibit “D”
Engineer’s Report
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
General Description
This Assessment District (25-07, Elliott Subdivision) located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue. Exhibit “A” is a map of Assessment District 25-07. This district includes the maintenance of shrub areas, irrigation systems, street trees, landscape trees, block walls, streetlights, pavement on local streets, and any other applicable equipment or improvements; see Exhibit “B”. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing any acts of vandalism (graffiti, theft or damage) that may occur. This District also includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 225, of which 83 will be assessed for Fiscal Year 2025-2026.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of the landscape areas, street lights, streets, and block walls is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, street lights, block walls, street trees, landscape trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and streetlights. The lots not adjacent to landscape areas, block walls, and streetlights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, streetlights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule: Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle
322
Exhibit “D”
Engineer’s Report
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
The quantities and estimated costs are as follows:

Pocket Park 15 Yr Cycle Unit Amount Cost Per Unit
Times per
Year
Annual Cost
Per Unit Annual Total Cost
Turf Area Monthly Sq Ft $ 0.034 12 $ 0.41 $ -
Shrub Area Monthly Sq Ft $ 0.025 12 $ 0.30 $ -
Water Monthly Sq Ft - $ 0.018 12 $ 0.22 $ -
Electricity Monthly Meter $ 20.69 12 $ 248.28 $ -
Trees Annual Each $ 60.00 1 $ 60.00 $ -
Custodial Maintenance Monthly Each - $ 172.00 12 $ 2,064.00 $ - Annual Fibar Material
Replacement
Annual Cubic Yd - $ 42.00 1 $ 42.00 $ -
Equipment Inspection Monthly Hourly - $ 98.24 12 $ 1,178.88 $ - Repair/Replace Equipment Monthly Hourly - $ 55.00 12 $ 660.00 $ - Playground Structure Once Each - $ 95,000.00 - $ 6,333.33 $ - Picnic Table Once Each - $ 5,707.00 - $ 380.47 $ -
Bench Once Each $ 1,492.00 - $ 99.47 $ -
Trash Receptacle Once Each $ 1,199.00 - $ 79.93 $ -
Trellis/Arbor Once Each - $ 3,500.00 - $ 233.33 $ -
Outdoor Lighting Pole Once Each $ 8,000.00 - $ 533.33 $ - Description 20 Yr Cycle Unit Amount Cost Per Unit
Times per
Year
Annual Cost
Per Unit Annual Total Cost
Turf Area Monthly Sq Ft 37,238 $ 0.034 12 $ 0.41 $ 15,300.35 Shrub Area Monthly Sq Ft - $ 0.025 12 $ 0.30 $ -
Water Monthly Sq Ft 37,238 $ 0.018 12 $ 0.22 $ 8,043.41 Electricity Monthly Meter 1 $ 20.69 12 $ 248.28 $ 248.28 Landscape Trees Annual Each 49 $ 60.00 1 $ 60.00 $ 2,940.00 Interior Street Tree Annual Each 305 $ 60.00 1 $ 60.00 $ 18,300.00 Street Lights (Electricity &
Maint) Monthly Each 59 $ 11.30 12 $ 135.60 $ 8,000.40
Block Wall Annual Ln Ft 2,747 $ 0.75 1 $ 0.75 $ 2,060.25 Project Management Annual Lots 225 $ 40.00 1 $ 40.00 $ 9,000.00 Description 20 Yr Cycle Unit Amount Cost Per Unit
Times per
Cycle
Annual Cost
Per Unit Annual Total Cost
Reclamite (5 year cycle) Twice Sq Yd 55,107 $ 0.96 2 $ 0.96 $ 5,290.26 Crack Seal (7 year cycle) Twice Sq Yd 55,107 $ 0.68 2 $ 0.68 $ 3,747.27 Cape Seal (15 year cycle) Once Sq Yd 55,107 $ 11.16 1 $ 11.16 $ 30,749.64

2.0' Overlay (20 year cycle) Once Sq Yd 55,107 $ 33.42 1 $ 33.42 $ 92,083.61 Total $ 195,763.47
10% $ 19,576.35
Grand Total $ 215,339.82
Number of Lots 225
Annual Per Lot Assessment $ 957.07
Playground Equipment
10% Reserve Fund (Repairs)
323
Exhibit “D”
Engineer’s Report
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($215,339.82) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $234,720.40 [a 9% increase over the base year assessment of $215,339.82]. The ceiling on the assessment increase for year four would be $249,282.76 [ceiling = ($215,339.82) (1.05) (4-1)]. The assessment would be set at $234,720.40 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $243,334.00 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $249,282,76 [ceiling = ($215,339.82) (1.05) (4-1)]. The assessment would be set at $243,334.00 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $234,720.40 [a 9% increase over the base year assessment of $215,339.82] and damage occurred to the masonry wall raising the year five assessment to $286,358.89 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $258,192.44, a 10% increase over the previous year and under the ceiling of $261,746.90 [ceiling = ($215,339.82) (1.05) (5-1)]. The difference of $28,166.45 will be recognized as a deficit and carried over into future years’ assessment. 324
Exhibit “D”
Engineer’s Report
Assessment District No. 25-07; City of Visalia, Tulare County, California Elliott Subdivision
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Christopher Crawford Date
City Engineer
325
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0277 Agenda Date: 7/21/2025 Agenda #: 11.

Agenda Item Wording:

Service Agreement for After School Club for Visalia Unified School District - Authorize City Manager to execute an agreement between City of Visalia and Visalia Unified School District to provide an after school club for Crowley elementary school students at the city operated Manuel F.

Hernandez Community Center.

Prepared by: Laurissa Roggenkamp, Recreation Manager [email protected] (559)713-4336; Jason Glick, Parks and Recreation Director [email protected] (559)713-4042 Department Recommendation: Staff recommends that City Council authorize the City Manager to execute an agreement between the City of Visalia and Visalia Unified School District for the purpose of providing an after-school club for the students of Crowley Elementary School at the city operated Manuel F. Hernandez Community Center.

Summary:

City and Visalia Unified School District (VUSD) staff are seeking a one-year service agreement for an after-school club program for the students of Crowley Elementary school. Crowley students will have the opportunity to sign-up for the after school club program at the Manuel F. Hernandez Community Center through VUSD ELO-P services. VUSD will contract with City for 40 Crowley students to attend the City’s existing after-school program, for a total fee of $39,521.40 to paid to the City for the 2025- 2026 school year.

The Recreation division will continue to provide regular after-school and intersession programming, open to all Visalia youth, enrolled in kindergarten through twelfth grades, at the Manuel F. Hernandez Community Center. All participants of The Manuel after-school program will have the same access and opportunities to participate in organized activities and club offerings. Crowley students will receive a snack at campus before walking to the Manuel F. Hernandez Community Center, escorted by Recreation staff.

Background Discussion:

In 2021 Visalia Unified School District (VUSD) became recipients of funds through the California Department of Education, Expanded Learning Opportunities Program (ELO-P), derived from State of California Assembly Bill (AB) 130 to provide programs for transitional-kindergarten through sixth grade students that include before school, after school, summer, or intersession programs that assist in developing academic, social, emotional, and physical needs and interests of students through hands-on engaging learning experiences. VUSD utilizes this funding to partner with community entities to provide programs to students.

The Recreation division has offered a City subsidized free to attend after-school and intersession program at the Manuel F. Hernandez Community Center dating back to the late 1980’s, the program is referred to as The Manuel. Due to the short distance between Crowley Elementary and the Manuel Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0277 Agenda Date: 7/21/2025 Agenda #: 11.
is referred to as The Manuel. Due to the short distance between Crowley Elementary and the Manuel F. Hernandez Community Center, Recreation staff have provided a walking program for Crowley students from the school to The Manuel, with an average of 40 students in grades first through sixth participating.

Prior to 2017, The Manuel provided traditional after-school program enrichment; arts, crafts, sports; starting in 2017, with the funding of Measure N, staff were able to expand enrichment activities to include STEAM (Science, Technology, Engineering, Arts, Mathematics) based clubs. Throughout the school year STEAM based clubs such as; Art Explorers, Garden-Sprout Scouts, Yoga, Build-It Brigade, Bot Builders, 3D Creators and more are offered to the youth attending The Manuel. VUSD is interested in utilizing the City’s existing services at The Manuel, walking program and STEAM clubs, for the students of Crowley, as incorporated into the VUSD ELO-P program.

Fiscal Impact: Contract is not to exceed $39,521.40 and will be paid to the City by VUSD in monthly increments of $3,952.14, as invoiced.

Prior Council Action: N/A
Other: N/A
Alternatives: Do not approve Service Agreement. Recreation will continue to operate The Manuel program as-is, without being an after-school club option for Crowley Elementary school.

Recommended Motion (and Alternative Motions if expected):

Council authorizes the City Manager to execute an agreement between the City of Visalia and Visalia Unified School District for the purpose of providing an after-school club to the first through sixth grade students of Crowley Elementary at the city operated Manuel F. Hernandez Community Center for the 2025 - 2026 school year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/31/2025
Attachments: Service Agreement for Expanded Learning Programs Visalia City Council Page 2 of 2 Printed on 7/18/2025
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1 SERVICE AGREEMENT FOR EXPANDED LEARNING PROGRAMS
This Service Agreement (“Agreement”) is entered into on June 30, 2025 (“Effective Date”), by and between the Visalia Unified School District, a California public school district (“District”), and City of Visalia, a California government entity (“Contractor”). District and Contractor may be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, the California Legislature established the Expanded Learning Opportunities Program (“ELOP”), providing local educational agencies (“LEAs”) funding for before school, after school, summer, or intersession learning programs that focus on the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences; and
WHEREAS, the District receives funding for the following (“Program Funding”):
⁃ After School Education and Safety (ASES) to implement an after-school program, ⁃ Extended Learning Opportunities Program (ELOP) funds to implement an expanded learning program,
⁃ Federal After School Safety Enrichment for Teens (ASSETs) Grant to implement an expanded learning program at the high school level,
⁃ Federal 21st Century Community Learning Centers Grant (21st CCLC) to implement an after-school expanded learning program,
⁃ Federal 21st Century Community Learning Centers (21st CCLC) Supplemental Grants to implement an ELOP outside of the regular 180-day school year; and WHEREAS, the District wishes to partner with community entities to provide before school, after school, summer, or intersession learning programs to District students; and WHEREAS, Contractor is duly licensed, qualified, and willing to provide an enrichment program in accordance with all ELOP and Program Funding requirements relevant to its program for District students; and
WHEREAS, the District desires to hire Contractor, and Contractor agrees, to provide expanded learning services to District students in grades 1 through 6 at District schools (“School Sites”) in accordance with ELOP and Program Funding requirements; and WHEREAS, Contractor agrees to provide the expanded learning program specified in Exhibit A, which will be referred to as “Contractor Program”; and WHEREAS, District and Contractor will work collaboratively to develop, support, coordinate, and provide academic enrichment programs and recreational activities for District students in accordance with ELOP and Program Funding requirements.

NOW, THEREFORE, in consideration of the mutual promises, assurances, covenants, and other consideration set forth below, the Parties agree as follows:
328
2 AGREEMENT

1. Recitals. The Parties agree that the recitals set forth above are true and correct.

2. Term. The term of this Agreement shall commence on August 14, 2025, and terminate on June 30, 2026, (“Term”) unless otherwise stated in Section 6 below. There shall be no extension of the Term without a written amendment signed by all Parties and approved by the District’s governing board.

3. Scope of Services. Contractor agrees to provide the specific services (“Services” or “Scope of Services”) described in Exhibit A – Scope of Services, attached hereto and incorporated herein by reference.

4. Contractor Duties. Contractor agrees to carry out the responsibilities described in Exhibit B – Contractor Duties, attached hereto and incorporated herein by reference.

5. District Duties. District agrees to carry out the responsibilities described in Exhibit C – District Duties, attached hereto and incorporated herein by reference.

6. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party pursuant to the “Notices” section below. Notwithstanding the foregoing, District may terminate this Agreement at any time by giving written notice to Contractor if:
a) Contractor materially breaches any of the terms of this Agreement; b) Any act or omission of Contractor or its employees, agents, or volunteers exposes District to potential liability or may cause an increase in District’s insurance premiums;
c) Contractor is adjudged bankrupt;
d) Contractor makes a general assignment for the benefit of creditors; e) A receiver is appointed because of Contractor’s insolvency; and/or f) Contractor fails to comply with the fingerprinting, criminal background check, and/or tuberculosis certification sections of this Agreement.

Written notice of termination by the District shall be sufficient to stop further performance of Services by Contractor. Such termination shall be effective immediately upon Contractor’s receipt of the notice. In the event of early termination, Contractor shall invoice District within thirty (30) days of the termination for all outstanding fees and expenses incurred up to the date of termination which are due and payable to Contractor by the District. Upon payment by District, District shall be under no further obligation to Contractor, monetarily or otherwise.

Upon a material breach, the Agreement may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the nature of the breach is such that it cannot be cured within a five (5) day period, the Parties may consent in writing to a different time period in which the defaulting party may cure the failure. If the breach is not remedied within the five (5) day period or the additional time agreed upon in writing, the non-defaulting party may terminate the Agreement upon written notice specifying the date of termination. 329
3 Termination of this Agreement shall not terminate Contractor’s obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities.

7. Contractor Qualifications. Contractor represents and warrants that Contractor and all of Contractor’s employees, agents, or volunteers, have in effect and shall maintain in full effect throughout the Term of this Agreement all licenses, credentials, permits, and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all terms set forth in this Agreement. All Contractor employees, agents, or volunteers who directly supervise students shall, at a minimum, meet the qualifications for an instructional aide.

Contractor shall provide proof of such licenses, credentials, permits, or any other required qualifications upon reasonable request by District. Contractor agrees to perform all Services and requirements of this Agreement in a professional and competent manner, consistent with federal, state, and local law. Contractor represents that Contractor has sufficient resources and staff to fully perform all Services and requirements of this Agreement.

8. Payment of Fees for Services and Expense Reimbursement. District agrees to pay Contractor for services rendered pursuant to this Agreement in an amount and manner described in Exhibit D – Fee and Payment Structure, attached hereto and incorporated herein by reference.

9. Non-appropriation of Funds. Contractor understands that the payments made to Contractor by the District for the Services provided under this Agreement are derived from federal, state, or local funding sources, which are subject to curtailment, reduction, or termination by government agencies beyond the control of the District. If at any time during the Term of this Agreement, the District does not appropriate sufficient funds to pay for Contractor Services, District reserves the right to terminate this Agreement in accordance with Section 6. In such an event, District shall have no further obligations to pay any funds to Contractor or furnish any other consideration under this Agreement, and Contractor shall not be obligated to perform any Services pursuant to this Agreement.

10. Equipment and Material. Except as provided below, Contractor, at its sole cost and expense and without reimbursement by District, unless expressly stated in this Agreement, shall provide and furnish all tools, labor, materials, equipment, transportation services, and any other items (collectively, “Equipment”) which are required or necessary to perform the Services of this Agreement in a manner which is consistent with generally accepted standards of the profession for similar services.

Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property as a result of the use, misuse, or failure of any Equipment used by Contractor, even if such Equipment is furnished, rented, or loaned to Contractor by District. Furthermore, District may reject any Equipment that does not conform to the requirements of this Agreement, and Contractor must then promptly remedy or replace it at no additional cost to District and subject to District’s reasonable satisfaction.

District agrees to provide the following Equipment to Contractor (“District Equipment”): N.A. ____________________________________________________________________________ 330
4 11. Independent Contractor. In the performance of this Agreement, Contractor shall be and act as an independent contractor. Contractor is not an agent or employee of District.

Notwithstanding Contractor’s status as an independent contractor, District shall have the right to monitor and evaluate Contractor’s performance to ensure compliance with Program Funding, federal and state laws, and the terms and conditions of this Agreement. Contractor is hereby retained to provide the specified Services for District. Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor shall not be considered officers, employees, agents, partners, or joint venturers of District, and are not entitled to benefits of any kind or nature normally provided to District employees and/or to which District’s employees are normally entitled. Contractor retains full supervision and control over the employment, direction, compensation, and discharge of all persons assisting Contractor in its performance under this Agreement. With respect to Contractor’s employees, Contractor shall be solely responsible for payment of wages, benefits, and other compensation, compliance with all occupational safety, welfare, and civil rights laws, tax withholding and payment of employment taxes whether federal, state, or local, and compliance with any and all other laws regulating employment.

12. Insurance. Without limiting Contractor’s liability, or indemnification obligations set forth herein, Contractor shall secure and maintain insurance consistent with the requirements contained in Exhibit E – Insurance Requirements (which is attached hereto and incorporated herein by reference) throughout the Term of this Agreement. Contractor shall not commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by District.

13. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold harmless District and its agents, representatives, officers, consultants, employees, Board of Trustees, members of the Board of Trustees (collectively, the “District Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits, and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature, and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, or Contractor’s agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to performance of the Services, breach of any of the representations or warranties contained in this Agreement, for injury to or death of persons, damage to property, delay, or damage to the District or District Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. Contractor’s defense and indemnity obligations under this section shall arise immediately upon the filing and/or service of any claim or action against District arising under this Agreement and shall extend to all such claims or actions except those based on the sole negligence or willful misconduct of District. The indemnification provided for in this section also includes any claims that may be made against the District by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against District alleging civil rights violations by Contractor under the California Fair Employment and Housing Act. 331
5 This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

14. Fingerprinting/Criminal Background Investigation Certification. Contractor shall at all times, and at no cost to the District, comply with the fingerprinting and criminal background investigation requirements of the California Education Code section 45125.1.

Before performing any Services under this Agreement, Contractor and all of Contractor’s employees and volunteers providing Services shall execute and return the District’s Fingerprinting Notice and Acknowledgement form and the required certification, which are attached hereto and incorporated herein by reference in Exhibit F.

Contractor warrants that Contractor and all employees and volunteers providing Services have completed background checks and have been fingerprinted under procedures established by the California Department of Justice and the Federal Bureau of Investigation, and the results of those background checks and fingerprints reveal that none of these Contractor and Contractor Parties have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code. Contractor shall maintain on file information confirming that its employees have passed fingerprinting and criminal background investigation requirements of the Education Code.

Contractor further agrees and acknowledges that, if at any time during the Term, the Contractor learns or becomes aware of additional information which differs in any way from the representations set forth above or the Contractor adds personnel, the Contractor shall immediately notify the District and prohibit any new personnel from having any contact with District students until the fingerprinting and background check requirements have been satisfied, and the District determines whether any contact is permissible.

15. Tuberculosis Certification. Contractor and its employees and volunteers providing Services shall at all times comply with the tuberculosis (“TB”) certification requirements of Education Code section 49406. Accordingly, by checking the applicable boxes below, Contractor hereby represents and warrants to District the following:
☐ Contractor and employees and volunteers will only have limited contact or no contact (as determined by District) with District students at all times during the Term of this Agreement.
☒ The following Contractor employees or volunteers will have more than limited contact (as determined by District) with District students during the Term of this Agreement and, at no cost to District, have received a TB test or risk assessment in full compliance with the requirements of Education Code section 49406:
________________________________
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ See attached letter(s) from a licensed medical professional. 332
6 Contractor shall maintain on file the certificates showing that all employees and volunteers providing Services were examined and found free from active TB. These forms shall be updated and regularly maintained by Contractor and shall be available to District upon request or audit.

Contractor further agrees and acknowledges that all new personnel hired to provide Services under this Agreement after the Effective Date of this Agreement by Contractor are subject to the TB certification requirements of Education Code section 49406 and shall be prohibited from having any contact with District students until the TB certification requirements have been satisfied, and District determines whether any contact is permissible.

16. Drug and Smoke Free. Contractor shall ensure that there is no consumption or possession of drugs, alcohol, and/or tobacco products at any time during the implementation or performance of obligations or Services under this Agreement, other than those items which are necessary for a student or employee’s disability as permitted by law and District policies.

17. Compliance with Program Funding Requirements. This Agreement is subject to the Program Funding and any additional restrictions, limitations, or conditions enacted by the California Department of Education (“CDE”) or U.S. Department of Education (“DOE”), which may affect the provisions, terms, or funding of this Agreement. Both parties will adhere to the certified assurances for an after-school component as indicated in the grant applications if such assurances are not previously mentioned in this Agreement. The Certified Assurances are attached hereto and included herein by reference as Exhibit G.

18. Safety and Security. Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, policies, and procedures regarding student health and safety. Contractor must request student health information, such as whether the student has allergies, asthma, diabetes, etc., from parents or guardians before student enrollment pursuant to Education Code section 8483.4. Contractor shall also be responsible for ascertaining and adhering to all District Board Policies (“BP”) and Administrative Procedures (“AR”) pertaining to student health, safety, and security, including, but not limited to, BP/AR 5142 and BP/AR 3516, which are attached hereto and incorporated herein by reference as Exhibit H. In addition to providing the fingerprinting and background check information to the District set forth in Section 14, Contractor shall work with the District to deliver any additional necessary information related to Contractor and all Contractor employees and volunteers providing Services so the District can issue a badge to each person, which shall be utilized to access school sites in provision of such Services.

19. Incident Reporting. Contractor must notify the District of the occurrence of any accident, incident, or health- or safety-related event within twenty four (24) hours and submit a written report within seven (7) days of its occurrence in accordance with Education Code section 8483.4.

20. Taxes. All payments made by District to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. Unless required by law, District will not withhold any money from fees payable to Contractor, including FICA (social security) and state or federal unemployment insurance contributions, income tax, or 333
7 disability insurance. If applicable, Contractor shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to its employees and otherwise in connection with this Agreement.

Further, the Parties agree as follows (check one of the following):
☒ Contractor and its employees are neither CalPERS nor CalSTRS retirees. ☐ CalSTRS Post-Retirement Employment Notice. The Parties acknowledge that the Contractor is a CalSTRS retiree and is subject to post-retirement employment restrictions. The CalSTRS Post-Retirement Employment Notice is attached hereto and incorporated herein by reference as Exhibit I.
☐ CalPERS Post-Retirement Employment Notice. The Parties acknowledge that the Contractor is a CalPERS retiree and is performing the services set forth in this Agreement as an independent contractor, with no employer-employee relationship existing between the District and Contractor. Prior to Contractor beginning the services set forth in this Agreement, a formal written independent contractor determination must be made by CalPERS, establishing the Contractor is an independent contractor and can work without post-retirement restrictions. The CalPERS Notice of Exclusion is attached hereto and incorporated herein by reference as Exhibit J.

21. Retirement. Notwithstanding any other provision of this Agreement, the District shall not be liable for any retirement consequences to the Contractor or its employees. The Contractor shall assume sole responsibility and liability for any and all retirement consequences that may result from this Agreement, including, but not limited to, all retirement consequences stemming from any payments made to the Contractor as a result of the termination without cause provision of this Agreement, retirement payments, expense reimbursements, automobile allowances, and payments for insurance.

22. Confidential Information. All District information disclosed to Contractor during the course of performance of Services and obligations under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by District or required by law. Contractor shall maintain the confidentiality of, and protect from unauthorized disclosure, any and all individual student information received from the District, including but not limited to student names and other identifying information.

Contractor shall not use such student information for any purpose other than carrying out the obligations under this Agreement.

Upon termination of this Agreement, Contractor shall turn over to District all educational records related to the Services provided to any District student pursuant to this Agreement. Contractor further agrees to comply with the Privacy Requirements listed in defined in Exhibit K, which is attached hereto and incorporated herein by reference.

23. Records and Audits. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be 334
8 prepared in accordance with accounting methods and procedures required by state and federal laws and regulations, including, but not limited to, the California School Accounting Manual (“CSAM”). Upon request, Contractor shall make such records available to District for the purpose of auditing and copying such records for a period of five (5) years from the date of final payment under this Agreement.

24. Notices. Any and all written notices relating to this Agreement shall be deemed duly serviced if personally served upon or delivered via registered, certified, or overnight mail at the following address:

If to District, to:

Name: Kirk Shrum
Title: Superintendent
Address: 5000 W. Cypress Ave.

Visalia, CA 93291
Telephone: 559-730-7300
Email: [email protected]
If to Contractor, to:

Name: Leslie Caviglia
Title: City Manager
Address: 220 N. Santa Fe Street
Visalia, CA 93292
Telephone: 559-713-4314
Email: [email protected]

25. Assignment, Successors, and Assigns. Neither Party shall assign any right, title, or interest it may acquire by reason of this Agreement, except after first obtaining the written consent of the other Party. District is relying on the skill, training, and experience of Contractor and, as such, Contractor shall not assign or transfer, by operation of law or otherwise, any or all of its rights, burdens, duties, or obligations under this Agreement without the prior written consent of District. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

26. Time is of the Essence. Time is of the essence for performance of the Services under this Agreement.

27. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the District’s governing board.

28. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to fingerprinting under Education Code section 45125.1, Education Code section 49406, confidentiality of records, and others. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

29. Non-Discrimination. The Parties agree there shall be no unlawful discrimination in employment or in the implementation or performance of obligations or Services under this Agreement on the basis of any characteristic or condition upon which discrimination is 335
9 prohibited by state or federal law or regulation, and as prescribed in California Government Code § 12900, et seq., and California Labor Code § 1735, including, but not limited to, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status, or any other protected class or characteristic.

30. Dispute Resolution. The Parties shall use their best efforts in good faith to mutually resolve any disputes which may arise between the Parties relating to this Agreement.

The Parties shall, as a condition precedent to initiating any litigation against the other Party, demand mediation of any dispute. The Parties shall endeavor to include any third party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees. Each Party shall bear its own attorney’s fees related to the mediation.

31. Liability of District. Notwithstanding anything stated herein to the contrary, District shall not be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.

32. Attorney’s Fees. If a Party to this Agreement commences a legal action against the other Party to enforce a provision of this Agreement or seek damages related to the Services provided under this Agreement, the prevailing Party in the legal action will be entitled to recover from the other Party all of its reasonable litigation expenses, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

33. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, or the parties agree that any such provision is in conflict with any applicable code or regulation governing the subject, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

34. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Tulare.

35. Ambiguity. The Parties to this Agreement hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity. Accordingly, the provisions of California Civil Code § 1654 will not apply to address and interpret any uncertainty.

36. No Authority to Bind. It is understood that neither Party, in its performance of any and all duties under this Agreement, has authority to bind the other Party to any agreements 336
10 or undertakings with respect to any and all persons or entities with whom such Party deals in the course of its business.

37. Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.

Furthermore, the failure of District to insist on strict compliance with any provision of this Agreement will not be considered a waiver of any right to do so.

38. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

39. Contents of Agreement. The Parties acknowledge that each of them has fully discussed the contents of this Agreement with their chosen representatives and/or legal counsel, and they had the benefit of legal counsel in negotiating and drafting the terms of this Agreement.

This Agreement shall not be construed as having been drafted by one Party. Rather, it is the product of the negotiations between the Parties.

40. Conflict of Interest. Contractor warrants that it has no actual or potential conflict of interest with the District in respect to the Services to be performed under this Agreement for the District. Contractor agrees to comply with the law of the State of California regarding actual or perceived conflicts of interest, including, but not limited to Government Code § 1090 et seq., the Political Reform Act (Gov. Code, § 81000 et seq.), and related regulations promulgated by the California Fair Political Practices Commission. Contractor shall not acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District.

41. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

42. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

43. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective Parties and, by their signatures, bind the respective Parties to this Agreement.

44. Ratification by School Board. This Agreement shall not become effective and enforceable unless and until it has been ratified and approved by the District’s Governing Board. 337
11 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the date set forth below.

VISALIA UNIFIED SCHOOL DISTRICT
By: Date:

Kirk Shrum, Superintendent

CITY OF VISALIA
By: Date:

Leslie Caviglia, City Manager
By: Date:

Ken Richardson, City Attorney
By: Date:

Andrew Guzman, Insurance & Benefits Manager
Exhibits enclosed:

Exhibit A – Scope of Services
Exhibit B – Contractor Duties
Exhibit C – District Duties
Exhibit D – Fee and Payment Structure
Exhibit E – Insurance Requirements
Exhibit F – Fingerprinting Notice and Acknowledgement Form Exhibit G – Certified Assurances
Exhibit H – Board Policy and Administrative Procedure 5142 and 3516 Exhibit I – CalSTRS Post-Retirement Employment Notice
Exhibit J – CalPERS Notice of Exclusion
Exhibit K – Privacy Requirements
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EXHIBIT A
Scope of Services
Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education and enrichment programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

Contractor agrees to be a flexible, responsive partner to the District and to collaborate closely to accomplish the program objectives and support the changing needs of students and families.

Program Elements

1. Contractor agrees to provide Contractor Program to eligible District students in various grades at the school sites (“Sites” or “School Sites”) listed in Table 1 below.

2. Contractor Program details are described in Attachment A to Exhibit A.

3. Contractor will provide Contractor Program consistent with the Program Funding requirements.

4. Contractor Program will include an educational and literacy element in which tutoring or homework assistance is provided and other elements the District deems necessary.

5. Contractor may request modifications to the Scope of Services. Such requests shall be submitted to District in writing and contain a clear justification statement as to the need for the modification. Modifications shall not become effective unless and until District approves the request for modification in writing.

6. District agrees to make the School Sites available to Contractor for the purposes of fulfilling the terms of this Agreement and Program Funding requirements. If the funded Sites are unavailable for any reason, District will arrange for the availability of other Site(s) and provide transportation for students to and from that Site(s).

Hours of Operation

7. Contractor will operate Contractor Program during the days and times at the School Sites specified in Attachment A to Exhibit A.

8. During State mandated increases in services, Contractor may be required to provide additional services, including additional hours, at the School Sites.

Staffing

9. Contractor shall ensure each Contractor Program maintains a student-to-staff ratio of no more than twenty (20) students per one (1) staff member. Programs serving transitional kindergarten or kindergarten students shall maintain a student-to-staff member ratio of no more than ten (10) to one (1).

10. Contractor shall provide staffing and services for additional students.

11. District reserves the right to request the removal of a Contractor staff member from any District Site at any time and for any reason. Contractor agrees to immediately comply and to not reassign the removed staff to any other District Site under any circumstances.

Contractor staff member’s removal from any District Site shall have no effect on the staff member’s employment status with Contractor. Prior to the removal or reassignment of the removed Contractor staff member, Contractor agrees to notify the District of the removal or reassignment and the reasons thereof. If a Contractor staff member is removed from any District Site without providing District with prior notice, Contractor shall notify the District of the removal the following business day.
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Enrollment

12. Contractor shall enroll only District students and give first priority enrollment in Contractor Program to District students who are foster students, low socioeconomic status students, English learner students, and homeless students.

13. Contractor shall give second priority enrollment to District students who attend Contractor Program daily.

Table 1 – School Sites
School Name
Crowley Elementary School
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EXHIBIT A – Attachment A
Program Details
Contractor shall implement the afterschool program (“Contractor Program”) for Crowley Elementary students in grades 1 through 6 at the Manuel Hernandez Community Center.

Program Details

1. Contractor will provide Contractor Program at the Manuel Hernandez Community Center (“MHCC”) Monday through Friday during regular school days.

2. Following the conclusion of the regular school day, participating students shall receive a snack at the School Site. Contractor will accompany students from the School Site to the MHCC where Contractor Program will be provided. At the conclusion of Contractor Program at MHCC, Contractor shall escort all students who have not yet been picked up by their parents or guardians back to the School Site, where students will join the primary afterschool program until 6:00 p.m.

3. Contractor shall maintain appropriate supervision during student transitions and throughout the enrichment program period, ensuring student safety.

4. Contractor shall implement and maintain a strict check-in and check-out process to ensure that all participating students are accounted for at all times. Before transitioning students from the School Site to MHCC, Contractor shall provide the primary afterschool program provider with a daily roster identifying all students enrolled in the Contractor Program and confirming which students will be escorted to MHCC for enrichment activities. At the conclusion of the Contractor Program, Contractor shall escort all returning students back to the School Site and promptly check them in with the primary afterschool program provider to verify attendance and ensure continuity of supervision. Contractor shall maintain accurate attendance records throughout each transition period and make them available upon request to the School District or the primary afterschool program provider.

5. Contractor will provide a safe, engaging, and structured afterschool program for students in grades 1 through 6 at the Crowley Elementary School at the Manuel Hernandez Community Center. Contractor Program focuses on early childhood development through hands-on activities that promote social-emotional learning, literacy, numeracy, and fine/gross motor skills. Students participate in a mix of enrichment activities, play-based learning, and structured routines designed to support their developmental needs.

6. Contractor Program will include the following elements and activities:
o Art Explorers – students will create masterpieces with various mediums of art, by exploring art through canvas painting, sculpture, drawing and mixed-media. o Garden-Sprout Scouts – students will learn the basics of gardening including soils, herbs, vegetables, flowers and how to create a bountiful garden. o Yoga – students will learn the basics of yoga positions and beathing exercises. o Build-It Brigade – students will learn different skills such as coding, circuitry, animation, art and design, painting, sculpture, drawing, and crafts by creating projects using found objects, sewing material, electronic components and more. Participants will work on do-it-yourself projects that require innovative use from every day or recycled items.
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o Bot Builders – students will explore robotics, coding, and engineering by building and programming robots, take on creative challenges, and learn new tech skills in a friendly and supportive environment.
o Dance Squad – students will learn and enjoy different styles of dance and build skills, boost confidence, and make new friends while moving to the music. o Cheer Crew – students will learn group choreography, basic cheer moves, and low tumbling.
o All-Sports – students will try out a variety of sports and games, learn new skills, and have fun with friends.
o 3D Creators – students will learn the process of creating their own designs and have hands on knowledge of the software, allowing them to create shapes, fun objects, and unique designs.
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EXHIBIT B
Contractor Duties
Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education and enrichment programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

Contractor agrees to provide Services (Exhibit A) according to the terms of this Agreement, Certified Assurances (Exhibit G), Program Funding requirements, and federal and state laws.

Program Elements

1. Contractor agrees to coordinate and implement Contractor Program to eligible District students in grades 1 through 6 at the School Sites listed in Exhibit A.

2. Contractor agrees to be a flexible, responsive partner to the District and to collaborate closely to accomplish the program objectives and support the changing needs of students.

3. Contract Program will include an educational element in which tutoring or homework assistance is provided and other elements the District deems necessary.

4. District shall make the School Sites available to Contractor for the purposes of fulfilling the terms of this Agreement and Program Funding requirements. If the funded Sites are unavailable for any reason, District will arrange for the availability of other Site(s) and provide transportation for students to and from that Site(s).

Monitoring and Program Implementation

5. Contractor acknowledges that District has a legal obligation to ensure the expanded learning programs are administered according to Program Funding conditions and federal, state, and local laws.

6. Contractor agrees that District shall at all times maintain control and direction over the Scope of Services being performed under this Agreement.

7. District reserves the right to change or delete the tasks to be performed by Contractor within the Scope of Services and any required due dates consistent with federal and state directives.

8. Contractor understands that these are state and federal grant projects and modifications to the Scope of Services may occur during the Term of the Agreement.

9. Contractor may request modifications to the Scope of Services. The request shall be in writing and contain a clear justification statement as to the need for the modification.

District will determine, in its sole discretion, whether any modification to the Scope of Services shall be made. Modifications shall be mutually agreeable to both parties and agreed upon, in writing, consistent with the amendment terms of the Agreement.

10. Contractor consents to on-site monitoring and personal interviews of site directors, program leads, coordinators, advisors, and participants of Contractor Program by appropriate District staff.
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Staffing

11. Contractor shall ensure that Contractor Program maintains a student-to-staff ratio of no more than twenty (20) students per one (1) staff member, which shall include staff members from parallel afterschool program providers. Program serving transitional kindergarten or kindergarten students shall maintain a student-to-staff member ratio of no more than ten (10) to one (1). Contractor shall provide staffing and services for additional students as needed and/or as directed by the District.

12. Contractor shall employ and manage the staff at each School Site who will service the needs of the children enrolled in Contractor Program.

13. Except as otherwise provided herein or subsequently agreed to in writing signed by both District and Contractor, Contractor shall be the employer for all personnel employed in Contractor Program, and all volunteers shall provide their services to Contractor.

14. Contractor shall be solely responsible for all costs of employment and personnel administration, including but not limited to wages, salaries, workers’ compensation costs, and unemployment costs, with reimbursement from the District.

15. Contractor shall provide coaching and mentoring to Site staff consistent with Contractor standards, will collaborate with District in the implementation of a staff development and training program, and will collaborate with District’s staff to integrate service activities between the programs.

16. Contractor shall maintain a staffing level and supplies at School Sites that are consistent for all Contractor Program sites.

17. District reserves the right to request the removal of a Contractor staff member from any District Site at any time and for any reason. Contractor agrees to immediately comply and to not reassign the removed staff to any other District Site under any circumstances.

Contractor staff member’s removal from any District Site shall have no effect on the staff member’s employment status with Contractor. Prior to the removal or reassignment of the removed Contractor staff member, Contractor agrees to notify the District of the removal or reassignment and the reasons thereof. If a Contractor staff member is removed from any District Site without providing District with prior notice, Contractor shall notify the District of the removal the following business day.

Fiscal Responsibilities

18. Contractor understands that all funds expended under this Agreement are subject to annual audits and will be used in accordance with federal and state Program Funding guidelines.

19. Contractor shall establish and maintain adequate, accurate financial and accounting records for Services provided under this Agreement. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible.

20. Contractor’s books, records, and accounts pertaining to Services rendered under this Agreement shall at all times be open to inspection by authorized District representatives, the California Department of Education (“CDE”), and the U.S. Department of Education (“DOE”).

21. Contractor shall support all expenditures and costs pursuant to this Agreement by properly executed payrolls, time records, invoices, receipts, contracts, vouchers, orders, any other 344
forms of proof of payment, or any other documents pertaining in whole or in part to this Agreement, and they shall be clearly identified and readily accessible to District.

22. Fiscal Compliance: Notwithstanding any contrary provisions found elsewhere in this Agreement, Contractor, in the expenditure of funds under this Agreement, shall comply with all reasonable application procedures and regulations of the CDE and DOE.

23. Expenditure Reports: Contractor shall submit to the District and/or the CDE a detailed expenditure report with documentation attached for each school site upon the due dates established by the District and Program Funding requirements.

24. Upon request, Contractor shall make such records available within Tulare County to the designated public and/or private auditor of District, the CDE, and the DOE and to their agents and representatives, for the purpose of auditing and/or copying such records for a period of five (5) years from the date of final payment under this Agreement.

Reports

25. Attendance Reports: “Attendance Reports” record the number of students served and the number of days of Program operation per school site. Contractor shall be responsible for maintaining these records and supporting documentation verifying student attendance and days of operation recorded on Attendance Reports for each school site and reporting these quarterly and/or upon request to Superintendent, District, and the CDE.

26. Evaluation Reports: Evaluation is a required key component of the afterschool program.

Contractor shall, consistent with the Program Funding provisions, collect information about results for students and families, and the services and activities offered during Contractor Program, as required to the Superintendent, District, and/or the Tulare County of Education (“COE”). District shall provide Contractor with raw data of reading and math scores, school day attendance, and other statistical data required by State or Federal granting agencies, from existing District assessments and databases, with any confidential student records deleted. Contractor shall designate a staff person for the evaluation effort.

27. All reports for each school site shall be submitted by Contractor to the Superintendent, District, and/or COE upon the due dates established by Superintendent, District, and by applicable Program Funding requirements.
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EXHIBIT C
District Duties
District will collaborate with Contractor to provide safe, meaningful, and enjoyable after school education and enrichment programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

District agrees to fulfill its obligations in accordance with the terms of this Agreement, Certified Assurances (see Exhibit G), Program Funding requirements, and federal, state, and local laws.

Program Responsibilities

1. District shall serve as the Local Education Agency Partner and Fiscal Agent for the Program Funding awarded to District to implement the Contractor Program at the partner schools, listed in Exhibit A.

2. District will collaborate with Contractor to identify and meet the needs of students served in the program.

3. District shall provide appropriate facilities, including classrooms, multipurpose room access, rest rooms, specialty room access, and sports field access, to meet the requirements of the Contractor Program at no charge to Contractor.

4. If the school sites listed in Exhibit A are unavailable for use outside of the regular 180-day school year for any reason, District will arrange for the availability of another site(s) and transportation for students to and from that site(s).

5. District will provide office and/or clerical support to promote the Contractor Program, including but not limited to, distributing flyers to students/ parents, conducting enrollment events, and notifying parents and families of afterschool program enrollment and attendance via automated dialers, text messages, emails, and social media posts.

6. District shall follow all fiscal reports and auditing standards required by the CDE and DOE.

7. District will provide student assessment data to assist Contractor in aligning learning activities and setting academic goals to best support students.

8. District will provide audit documentation to the CDE and/or DOE as required by the Program Funding requirements.

Monitoring

9. District shall monitor the products, services, and performance of Contractor in order to determine to the best possible degree:
a. the conditions under which the Program is successful; b. whether Contractor performance is adequate to satisfy the needs of the Contractor Program participants; and
c. whether Services provided are consistent with state and federal Program Funding requirements.

Facilities and Transportation

10. District will provide a location for locked supply storage and locked office space for the Contractor staff, specifically for storage of confidential student materials (enrollment forms, emergency contact data, medical information, etc.) at each Program school site. 346

11. The District shall provide all custodial services and labor, custodial supplies, and utilities consumed during operation of the Contractor Program at the School Sites. In the event of the District implementing work year reduction days, custodial service may not be available to Contractor on those (approximately 2-5 days). In the event of Southern California Edison implementing Critical Peak Pricing Program the District may invoice Contractor for the additional utility costs on those (approximately 5-10 days) within 30 days of the Southern California Edison bill containing those additional costs.

12. District will provide Contractor normal internet access through existing school site internet connectivity for purposes of internet access for program purposes.

13. District may permit Contractor, from time to time, to purchase materials and supplies through the District, based on the discounts received by the District. Contractor agrees to make payment to the District within thirty (30) days or receipt of the invoice(s) from the District.
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EXHIBIT D
Fee and Payment Structure
District shall pay Contractor for services satisfactorily rendered pursuant to this Agreement in accordance with the provisions and rate(s)/fee(s) provided below:

1. The fees for Contractor services to be provided under this Agreement shall not exceed $39,521.40 (“Total Fee”). Contractor shall not increase the fee over the course of this Agreement. Any work performed by the Contractor in excess of the Total Fee shall not be compensated without District’s prior written approval. All fees under this Agreement are to cover the costs associated with children attending, with a total of approximately 40 children attending across all School Sites. The cost of additionally attending children will be reimbursed at the rate of $00.00 per student per day.

2. Method of Payment: Payment in the amount of $3,952.14 will be rendered to Contractor on a monthly basis.

3. Invoices: District agrees to make payment within thirty (30) days of receipt of an itemized invoice from Contractor on an invoice form provided by the District. Contractor shall provide one consolidated invoice per month, summarizing the total costs for services rendered across all School Sites, including any supporting documentation. Accompanying this invoice, Contractor shall include detailed backup documentation, itemizing the costs and expenses for each individual School Site. “Supporting documentation” must include, at a minimum, an attendance report per School Site, receipts and invoices or other proof of payment for any itemized expenses, administrative fees less than or equal to 10% of the Total Fee, and any additional documentation that District reasonably requests. Contractor shall not submit its invoices to District more frequently than monthly.

4. Expenses not Covered. Except as provided below, District shall not reimburse Contractor for any Expenses. “Expenses” means any costs and expenses incurred in the performance of the Services, including equipment, transportation, mileage, travel fare, living expenses in connection with out-of-town travel, subscription fees, licensing fees, insurance premiums, online subscriptions, referral bonuses, staff training, messenger fees, postage, long distance communications, fax, and the like, unless expressly identified as Reimbursable Expense.

5. Reimbursable Expenses. Notwithstanding the above, District agrees to reimburse Contractor for out-of-pocket expenses, without mark-up, identified below (“Reimbursable Expenses”):
a. [ X ] None. District will not reimburse any expenses in addition to the Total Fee. b. [__] Reimbursable Expenses include the following: _________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Reimbursable Expenses shall not exceed $00.00 per invoice unless Contractor obtains prior written approval from District.
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6. Unallowable Use of Program Funding. Contractor shall only use Program Funding for reasonable and necessary expenditures in accordance with the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”) and other applicable regulations. (2 C.F.R, § 200.30 et seq.) In accordance with the Uniform Guidance, unallowable expenditures of Program Funding include, but are not limited to, advertising, public relations costs, advisory councils, alcohol, bad debt, donations, entertainment costs, fundraising costs, recruiting costs, membership costs, rental costs, and any unreasonable and unnecessary expenditures. (2 C.F.R. § 200.400 et seq.)

7. Program Funding. Contractor hereby acknowledges that District’s payments to Contractor are specifically conditioned upon the District’s receipt of state and federal funding for extended learning opportunity programs.
a. If District’s receipt of such Program Funding is for any reason delayed or suspended, District reserves the right to suspend payments to Contractor until such time as Program Funding resumes, and District shall have no obligation to pay Contractor for services provided pursuant to this Agreement except to the extent of such Program Funding received by District. In such an event, however, Contractor may suspend performance of Services until such time as the Program Funding resumes.
b. If such Program Funding terminates, District shall have no obligation to continue payments to Contractor, other than for services satisfactorily completed prior to termination of the Program Funding, and this Agreement shall be deemed and construed to automatically terminate immediately upon termination of the Program Funding. In the event this Agreement so terminates, Contractor shall terminate its performance pursuant to this Agreement, provided that the provisions of this Agreement that expressly or implicitly survive termination shall remain in effect.
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EXHIBIT E
Insurance Requirements
Contractor shall procure and maintain insurance for the duration of this Agreement against all claims, including but not limited to claims for injuries to persons and damage to property which may arise from, or in connection with, performance under this Agreement by Contractor, its agents, representatives, employees, or subcontractors, if applicable.

1. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
a. Commercial General Liability Insurance
with limits of not less than $1,000,000 per occurrence and $5,000,000 in the aggregate (including sexual abuse/molestation coverage, either by separate policy or by an endorsement to the commercial general liability policy).
b. Comprehensive Automobile Liability Insurance (if applicable) with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. c. Workers’ Compensation and Employer’s Liability Insurance as required by law.

2. Specific Provisions of the Certificate
a. The Certificate of Insurance for Commercial General Liability, Comprehensive Automobile Liability Insurance, and Professional Errors and Omissions Insurance must meet the following requirements:
i. Name the District, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds.
ii. State that such Insurance for additional insureds will apply as primary insurance and any other insurance we maintain will be excess.
iii. Provide that coverage will not be suspended, voided, canceled, reduced in coverage, or otherwise materially changed except after thirty (30) days prior notice by certified mail, return receipt requested, has been given to District. b. The Certificate of Insurance for Workers’ Compensation must include the following:
i. Waiver of Subrogation. You waive all rights against the District, its officers, agents, employees, and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employer’s liability.

3. Deductibles and Self-Insured Retentions
The District Risk Manager must approve any deductible or self-insured retention that exceeds $10,000.

4. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A(-) from a company admitted to do business in California. Any waiver of these standards is subject to District’s approval by the District Risk Manager or District Risk Manager’s designee.

5. Verification of Coverage
Prior to District’s approval of this Agreement, Contractor will file with the Superintendent of the District Certificates of Insurance with original endorsements effecting coverage in a form acceptable to the District. The District reserves the right to require certified copies of all required insurance policies at any time.
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EXHIBIT F
Fingerprinting Notice and Acknowledgement for Contracts (Education Code Section 45125.1)
Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied with Education Code section 45125.2, business entities entering into contracts with the District must comply with Education Code sections 45125.1. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law:

1. You (as a business entity) shall ensure that each of your employees who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a District or school employee has a valid criminal records summary as described in Education Code section 44237. (Ed. Code, § 45125.1, subd. (a).) You shall do the same for any other employees as directed by District. (Ed. Code, § 45125.1, subd. (c).) When you perform the criminal background check, you shall immediately provide any subsequent arrest and conviction information it receives to the District pursuant to the subsequent arrest service. (Ed Code, § 45125.1, subd. (a).)

2. You shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code section 45122.1. (Ed. Code, § 45125.1, subd. (e).) See the lists of violent and serious felonies in Attachment A to this Notice.

3. Prior to performing any work or services under your contract with the District , and prior to being present on District property or being within the vicinity of District pupils, you shall certify in writing to the District under the penalty of perjury that neither the employer nor any of its employees who are required to submit fingerprints, and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1, and that you are in full compliance with Education Code section 45125.1. (Education Code, § 45125.1(f).) For this certification, you shall use the form in Attachment B to this Notice.

4. If you are providing the above services in an emergency or exceptional situation, you are not required to comply with Education Code section 45125.1, above. An “emergency or exceptional” situation is one in which pupil health or safety is endangered or when repairs are needed to make a facility safe and habitable. The District shall determine whether an emergency or exceptional situation exists. (Education Code, § 45125.1(b).)

5. If you are an individual operating as a sole proprietor of a business entity, you are considered an employee of that entity for purposes of Education Code section 45125.1, and the District shall prepare and submit your fingerprints to the Department of Justice as described in Education Code section 45125.1(a). (Education Code, § 45125.1(h).)
I, __________________________ (Name), as __________________________ (Title) of Contractor, have read the foregoing and agree to comply with the requirements of Education Code section 45125.1 as applicable, including submission of the certificate mentioned above.

Name: ________________________________________ Title: __________________________ Signature: _____________________________________ Dated: __________________________ 351
EXHIBIT F – Attachment A
Violent and Serious Felonies
Under Education Code sections 45122.1 and 45125.1, no employee of a contractor or subcontractor who has been convicted of or has criminal proceedings pending for a violent or serious felony may come into contact with any student. A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. 352
(24) Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.

A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) Lewd or lascivious act on a child under the age of 14 years; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) Attempted murder; (10) Assault with intent to commit rape or robbery; (11) Assault with a deadly weapon or instrument on a peace officer; (12) Assault by a life prisoner on a non-inmate; (13) Assault with a deadly weapon by an inmate; (14) Arson; (15) Exploding a destructive device or any explosive with intent to injure; (16) Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) Exploding a destructive device or any explosive with intent to murder; (18) Any burglary of the first degree; (19) Robbery or bank robbery; (20) Kidnapping; (21) Holding of a hostage by a person confined in a state prison; (22) Attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) Any felony in which the defendant personally used a dangerous or deadly weapon; (24) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) Grand theft involving a firearm; (27) Carjacking; (28) Any felony offense, which would also constitute a felony violation of Section 186.22; (29) Assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) Throwing acid or flammable substances, in violation of Section 244; (31) Assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) Assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) Continuous sexual abuse of a child, in violation of Section 288.5; (36) Shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) Intimidation of victims or witnesses, in violation of Section 136.1; (38) Criminal threats, in violation of Section 422; (39) Any attempt to commit a crime listed in this subdivision other than an assault; (40) Any violation of Section 12022.53; (41) A violation of subdivision (b) or (c) of Section 11418; and (42) Human trafficking of a minor, in violation of subdivision (c) of Section 236.1, except, with respect to a violation of paragraph (1) of subdivision (c) of Section 236.1, where the person who committed the offense was a victim of human trafficking, as described in subdivision (b) or (c) of Section 236.1, at the time of the offense; and (43) Any conspiracy to commit an offense described in this subdivision.
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EXHIBIT F – Attachment B
Form for Certification of Lack of Felony Convictions
Note: This form must be submitted by the owner, or an officer, of the contracting entity before it may commence any work or services, and before it may be present on District property or being within the vicinity of District pupils.

Entity Name: ______________________________
Date of Entity’s Contract with District: ______________________________ Scope of Entity’s Contract with District: ____________ through ___________ I, _______________________, am the _____________________ (Title) for _____________________ (Contractor Name), which entered a contract on __________________, with the District for ELOP services.

I certify that (1) pursuant to Education Code section 45125.1(f), neither the Contractor, nor any of its employees who are required to submit fingerprints and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1; and (2) the Contractor is in full compliance with Education Code section 45125.1, including but not limited to each employee who will interact with a pupil outside of the immediate supervision and control of the pupil’s parent or guardian having a valid criminal background check as described in Education Code section 44237.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Date: ____________, 20__ Signature: _____________________________ Typed Name: __________________________
Title: ________________________________
Entity: _______________________________
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EXHIBIT G
Certified Assurances
ASES and 21CCLC Certified Assurances

1. The program will include an educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science (Ed. Code, § 8482.3(c)(1)(A), 8482.3(f)(6), and 8483.3(c)(1)).

2. The program will have an educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities (Ed.

Code, §§ 8482.3(c)(1)(B), 8482.3(f)(6), and 8483.3(c)(2)). Such activities might involve Science, Technology, Engineering, and Mathematics, the arts, music, physical activity, health promotion, general recreation, technology, career awareness, and activities to support positive youth development.

3. The program will align the activities provided by the program with the challenging State academic standards (20 U.S.C. § 7172(c)(3)(E)).

4. The program will agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Ed. Code, § 49430) of Chapter 9 of Part 27 of Division 4 of Title 2. The program will agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (Ed. Code, §§ 8482.3(d)(1), 8482.3(d)(2), and 8483.3(c)(8)).

5. Each partner in the application agrees to share responsibility for the quality of the program (Ed.

Code, § 8482.3(f)(3)).

6. The program agrees to follow all fiscal reporting and auditing standards required by the CDE (Ed.

Code, § 8482.3(f)(5)).

7. Program agrees to provide information to the department for the purpose of program evaluation and will certify that program evaluations will be based upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, including the annual outcome-based data for evaluation (Ed. Code, §§ 8482.3(f)(7), 8482.3(f)(8), 8483.3(c)(11), and 8484(a)).

8. The program will provide school day attendance rates on participating pupils to the CDE on an annual basis (Ed. Code, §§ 8482.3(f)(10)(A) and 8484(a)(1)(A)).

9. As required by the CDE, programs will submit program attendance on a semiannual basis (Ed.

Code, §§ 8482.3(f)(10)(B) and 8484(a)(1)(B)).

10. The program will review their afterschool program plans every three years. The review is to include, but not limited to program goals (a program may specify any new program goals that will apply to the following three years during the grant renewal process), program content, outcome measures that the program will use for the next three years, and any other information requested by the CDE. If the program goals or outcome measures change as a result of this review, the program shall notify the CDE. The grantee shall maintain documentation of the after-school program plan for a minimum of five years (Ed. Code, §§ 8482.3(g)(1)(A) and 8482.3(g)(1)(F)).

11. The program acknowledges that the CDE shall monitor this review as part of its onsite monitoring process (Ed. Code, § 8482.3(g)(2)).

12. Every program established pursuant to this article shall be planned through a collaborative process that includes parents, youth, and representatives of participating public schools, governmental agencies, such as city and county parks and recreation departments, local law enforcement, community organizations, and the private sector (Ed. Code, § 8482.5(b); (20 U.S.C. § 7174, subd. (b)(2)(D)(i)).
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13. Every pupil attending a school operating a program is eligible to participate in the program, subject to program capacity (Ed. Code, § 8482.6).

14. A program is not required to charge family fees or conduct individual eligibility determination based on need or income (Ed. Code, § 8482.6).

15. Offsite programs shall align the educational and literacy component of the program with participating pupils’ regular school programs (Ed. Code, §§ 8482.8(a)(2) and 8484.6(a)). Offsite programs will ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils. (Ed. Code, § 8482.8(a)(2)). No program located off schoolgrounds shall be approved unless safe, supervised transportation is provided to the pupils enrolled in the program (Ed. Code, § 8484.6(a)).

16. The program will commence immediately upon the conclusion of the regular school day. (Note: A regular school day is any day that students attend and instruction takes place.) (Ed. Code, § 8483(a)(1)).

17. The program will operate for a minimum of 15 hours per week (Ed. Code, § 8483(a)(1)).

18. The program will operate until at least 6 p.m., on every regular school day (Ed. Code, § 8483(a)(1)).

19. The program will establish a policy regarding reasonable early daily release of pupils from the program (Ed. Code, § 8483 (a)(1)).

20. Elementary school and middle school or junior high pupils should participate in the full day of the program every day during which pupils participate (Ed. Code, § 8483(a)(2)).

21. For middle school or junior high school, programs may implement a flexible attendance schedule for those pupils (Ed. Code, § 8483(a)(3)).

22. First priority for enrollment of pupils in an after school program shall be given to homeless youth and pupils identified by the program as being in foster care (Ed. Code, § 8483(c)(1)(a)) and second priority shall be given to middle school and junior high pupils who attend program daily (Ed. Code, § 8483(c)(1)(b)).

23. The program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement (Ed. Code, § 8483.3(c)(3)).

24. The program will provide staff training and development (Ed. Code, § 8483.3 (c)(4)).

25. The program will integrate with the regular school day and other expanded learning opportunities (Ed. Code, § 8483.3(c)(5)).

26. The program will engage in community collaboration, including, but not limited to, demonstrated support of the school site principal and staff (Ed. Code, § 8483.3(c)(6)).

27. The program will provide opportunities for physical activity (Ed. Code, §8483.3(c)(7)).

28. The program will assume fiscal accountability (Ed. Code, § 8483.3(c)(9)).

29. The program will meet all of the evaluation requirements (Ed. Code, § 8483.3(c)(11)) and any such data required by the CDE.

30. A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department (Ed. Code, § 8484.8(e)(6)).

31. The program will engage in the collection and use of pupil social, behavioral, or skill development data to support quality program improvement processes (Ed. Code, § 8483.3(c)(12)).

32. The program will ensure that the program maintains a pupil-to-staff member ratio of no more than 20 to 1 (Ed. Code, § 8483.4).

33. The program will establish minimum qualifications for each staff position that, at a minimum, ensure that all staff members who directly supervise pupils meet the minimum qualifications for an instructional aide, pursuant to the policies of the school district (Ed. Code, § 8483.4).

34. Selection of the program site supervisors shall be subject to the approval of the school site principal (Ed. Code, § 8483.4).
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35. All program staff and volunteers will be subject to the health screening and fingerprint clearance requirements in current law and district policy for school personnel and volunteers in the school district (Ed. Code, § 8483.4).

36. All funds expended will supplement, but not supplant, existing funding for after school programs.

State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs (Ed. Code, §§ 8483.5(e) and 8483.7(b); 20 U.S.C. § 7174(b)(2)(G)).

37. The program may provide three days of staff development during regular program hours using funds from the total grant award (Ed. Code, § 8483.7(a)(1)(J)). (ASES only)

38. The program will provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution (Ed. Code, § 8483.7(a)(6)). (ASES only)

39. The program acknowledges that State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs (Ed. Code, § 8483.7(b)).

40. A program may expend on indirect costs no more than the lesser the school district’s indirect cost rate, as approved by the CDE for the appropriate fiscal year or five percent of the state program funding received (Ed. Code, § 8483.9(a)).

41. The program will not expend more than 15 percent of that funding on administrative costs, which include indirect costs (Ed. Code, § 8483.9(b)).

42. A program will ensure that no less than 85 percent of that funding is allocated to school sites for direct services to pupils. The cost of a program site supervisor may be included as direct services, provided that at least 85 percent of the site supervisor’s time is spent at the program site (Ed. Code, § 8483.9(c)).

43. The program shall submit evidence of a data-driven program quality improvement process that is based on CDE’s guidance on program quality standards (Ed. Code, § 8484(a)(2)).

44. Programs may be conducted upon the grounds of a community park, recreational facility, or other site as approved by the State Department of Education in the grant application process (Ed. Code, § 8484.6(a)). The program shall take place in a safe and easily accessible facility (20 U.S.C. § 7174(b)(2)(A)(i)).

45. An offsite program shall comply with all statutory and regulatory requirements that are applicable to similar programs conducted on the school site (Ed. Code, § 8484.6(b)).

46. If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the CDE in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language (Ed. Code, § 48985(a)).

47. The designated public agency representative for the applicant(s) certifies that an annual fiscal audit will be conducted, and that adequate, accurate records will be kept. In addition, each applicant certifies that funds received under this subdivision are expended only for those services and supports for which they are granted. The CDE shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded (Ed. Code, § 8484.8(b)(3)). (21CCLC)

48. Grant recipients shall submit quarterly expenditure reports, and the CDE may withhold funds in subsequent years if 21CCLC access or literacy grant funds are expended for purposes other than as granted (Ed. Code, § 8484.8(b)(4)). (21CCLC)

49. Grant awards shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 357
(Pub. L. 107-110). Competitive priority shall prepare a plan for continuing the program beyond federal grant funding (Ed. Code, § 8484.8(e)(5); 20 U.S.C. § 7174(b)(2)(C)). (21CCLC)

50. A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources and shall prepare a plan for continuing the program beyond federal grant funding. (Ed. Code, § 8484.8(e)(5); 20 U.S.C. § 7174(b)(2)(C)). (21CCLC)

51. The program will maintain in the program’s records, and provide to the CDE, a written affirmation signed by officials of each participating private school that the meaningful consultation required under 20 U.S.C. Section 7881(c)(5) has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the program will forward the documentation that such consultation has, or attempts at such consultation have, taken place to the CDE (20 U.S.C. § 7881(c)(5)). (21CCLC)

52. The program will target students who primarily attend schools eligible for schoolwide programs under Section 6314 of this title and the families of such students (20 U.S.C. § 7174(b)(2)(F)). (21CCLC)
ASSETs Certified Assurances:

1. The high school after school programs shall serve pupils in grades 9 to 12, inclusive (Ed. Code, § 8421(a)).

2. A high school after school program shall consist of the following two elements:
a. An academic assistance element that shall include, but need not be limited to, at least one of the following: tutoring, career exploration, homework assistance, or college preparation, including information about the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. The assistance shall be coordinated with the regular academic programs of the pupils (Ed. Code, § 8421 (b)(1)(A)). For purposes of this article, “career exploration” means activities that help pupils develop the knowledge and skills that are relevant to their career interests and reinforce academic content (Ed. Code, § 8421(b)(1)(B)). b. An enrichment element that may include, but need, not be limited to, community service, career and technical education, job readiness, opportunities for mentoring and tutoring younger pupils, service learning, arts, computer and technology training, physical fitness, and recreation activities (Ed. Code, § 8421(b)(2)).

3. The program shall operate for a minimum of 15 hours per week (Ed. Code, § 8421(c)).

4. A program operating offsite shall provide:
a. Safe transportation (if necessary) (Ed. Code, § 8421(e)(1)), and b. Availability and accessibility as similar programs conducted on school sites (Ed. Code, § 8421(e)(2)).

5. The program certifies that all of the following requirements will be fulfilled, if applicable:
a. The application includes a description of the activities that will be available for pupils and lists the program hours (Ed. Code, § 8421(f)(1)).
b. The application includes an estimate of the following:
i. The number of pupils expected to attend the program on a regular basis (Ed. Code, § 8421(f)(2)(A)).
ii. The average hours of attendance per pupil (Ed. Code, § 8421(f)(2)(B)). iii. The percentage of pupils expected to attend the program less than three days a week, three days a week, and more than three days a week, for each quarter or semester during the grant period (Ed. Code, § 8421(f)(2)(C)). 358
c. The application documents the commitments of each partner to operate a program at a location or locations that are safe and easily accessible to participating pupils (Ed. Code, § 8421(f)(3); 20 U.S.C. § 7174(b)(2)(A)(i)).
d. The application certifies that pupils were involved in the design of the program and describes the extent of that involvement (Ed. Code, § 8421(f)(4)). e. The application identifies federal, state, and local programs that will be combined or coordinated with the high school after school program for the most effective use of public resources and describes a plan for implementing the high school after school program beyond federal grant funding (Ed. Code, § 8421(f)(5); 20 U.S.C. § 7174(b)(2)(G)). f. The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each school site or other site (Ed.

Code, § 8421(f)(6)).
g. The application includes a certification that the applicant has complied with the requirement in subdivision (b) of Section 8422 (Ed. Code, § 8421(f)(7)). h. The application includes a certification that each applicant or partner in the application agrees to do all of the following:
i. Assume responsibility for the quality of the program (Ed. Code, § 8421(f)(8)(A)). ii. Follow all fiscal reporting and auditing standards required by the department (Ed.

Code, § 8421(f)(8)(B)).
iii. Provide the following information on participating pupils to the department:

1. School day attendance rates (Ed. Code, § 8421(f)(8)(C)(i))

2. Program attendance (Ed. Code, § 8421(f)(8)(C)(ii))

3. Acknowledge that program evaluations will be based upon the criteria in Section 8427 (Ed. Code, § 8421(f)(8)(D)).
i. Certify that the applicant has complied with all federal requirements in preparing and submitting the application (Ed. Code, § 8421(f)(9)).

6. The program certifies all of the following:
a. Completion of an assessment of pupils’ preferences for program activities (Ed. Code, § 8423(c)(1)).
b. Access to, and availability of, computers and technology (Ed. Code, § 8423(c)(2)). c. Inclusion of a nutritional snack, meal, or both, and a physical activity element (Ed. Code, § 8423(c)(3)). The physical activity element is applicable only if selected as an enrichment activity as part of Ed. Code, § 8421(b)(2).
d. That the program will meet all of the evaluation requirements (Ed. Code, § 8423(c)(4)). e. Fiscal accountability (Ed. Code, § 8423(c)(5)).
f. Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness (Ed. Code, § 8423(c)(6)).

7. The designated public agency representative for the applicant(s) certifies that an annual fiscal audit will be conducted, and that adequate, accurate records will be kept. In addition, each applicant certifies that funds received under this subdivision are expended only for those services and supports for which they are granted. The CDE shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded (Ed. Code, § 8484.8(b)(3)).

8. Grant recipients shall submit quarterly expenditure reports, and the CDE may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted (Ed. Code, § 8484.8(b)(4)).
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9. Grant awards shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Pub. L. 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and communitybased organizations (Ed. Code, § 8484.8(d)).

10. A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources and shall prepare a plan for continuing the program beyond federal grant funding (Ed. Code, § 8484.8(e)(5); 20 U.S.C. § 7174(b)(2)(C)).

11. A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department (Ed. Code, § 8484.8(e)(6)).

12. If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language (Ed. Code, § 48985(a)).

13. The program will maintain in the program’s records, and provide to the CDE, a written affirmation signed by officials of each participating private school that the meaningful consultation required under 20 U.S.C. Section 7881(c)(5) has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the program will forward the documentation that such consultation has, or attempts at such consultation have, taken place to the CDE (20 U.S.C. § 7881(c)(5)).

14. All funds expended will supplement, but not supplant, existing funding for after school programs.

State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs (20 U.S.C. § 7174(b)(2)(G)).

15. The program will target students who primarily attend schools eligible for schoolwide programs under Section 6314 of this title and the families of such students (20 U.S.C. § 7174(b)(2)(F)).

16. The proposed program will be carried out in active collaboration with the schools that participating students attend (including through the sharing of relevant data among the schools) (20 U.S.C. § 7174(b)(2)(D)(i)).

17. The program will align the activities provided by the program with the challenging State academic standards (20 U.S.C. § 7172(c)(3)(E)).

General Assurances and Certifications required for grants supported by state and federal funds:

1. Programs and services are and will be in compliance with Title VI and Title VII of the Civil Rights Act of 1964; the California Fair Employment Practices Act, Government Code Section 11135; and Chapter 1, Subchapter 4 (commencing with Section 30) of Division I of Title 5, California Code of Regulations (5 C.C.R. § 40).

2. Programs and services are and will be in compliance with Title IX (nondiscrimination on the basis of sex) of the Education Amendments of 1972. Each program or activity conducted by the local educational agency (LEA) will be conducted in compliance with the provisions of Chapter 2, (commencing with Section 200), Prohibition of Discrimination on the Basis of Sex, of Part 1 of Division 1 of Title I of the California Education Code, as well as all other applicable provisions of state law prohibiting discrimination on the basis of sex. 360

3. Programs and services are and will be in compliance with the affirmative action provisions of the Education Amendments of 1972.

4. Programs and services are and will be in compliance with the Age Discrimination Act of 1975.

5. Programs and services for individuals with disabilities are in compliance with the disability laws. (Pub. L. 105-17; 34 C.F.R. § 300, 303; Section 504 of the Rehabilitation Act of 1973).

6. When federal funds are made available, they will be used to supplement the amount of state and local funds that would, in the absence of such federal funds, be made available for the uses specified in the state plan, and in no case supplant such state or local funds. (20 U.S.C. § 6321; Pub. L. 114- 95, Section 1118(b)(1))

7. All state and federal statutes, regulations, program plans, and applications appropriate to each program under which federal or state funds are made available through this application will be met by the applicant agency in its administration of each program.

8. School site councils have developed and approved a School Plan for Student Achievement (SPSA) for schools participating in programs funded through the consolidated application process, and any other school program they choose to include, and that school plans were developed with the review, certification, and advice of any applicable school advisory committees. (Ed. Code, § 64001).

9. LEAs using their own school planning template in place of the SPSA have ensured that the content meets the statutory requirements of schoolwide programs and school improvement (comprehensive support and improvement, targeted support and improvement, and additional targeted support and improvement) under the Every Student Succeeds Act, as applicable. (Ed. Code, § 64001; 20 U.S.C. § 6311; Pub. L. 114-95, Section 1111(d)(1)).

10. The LEA will use fiscal control and fund accounting procedures that will ensure proper disbursement for state and federal funds paid to that agency under each program. (5 C.C.R. § 4202).

11. The LEA will make reports to the state agency or board and to the Secretary of Education as may reasonably be necessary to enable the state agency or board and the Secretary to perform their duties and will maintain such records and provide access to those records as the state agency or board or the Secretary deems necessary. Such records will include, but will not be limited to, records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective audit. The recipient shall maintain such records for three years after the completion of the activities for which the funds are used. (34 CFR § 76.722,

76.730, 76.731, 76.760; 2 C.F.R. § 200.333).

12. The local governing board has adopted written procedures to ensure prompt response to complaints within 60 calendar days, and has disseminated these procedures to students, employees, parents or guardians, district/school advisory committees, appropriate private school officials or representatives, and other interested parties. (5 C.C.R. § 4600 et seq.).

13. The LEA declares that it neither uses nor will use federal funds for lobbying activities and hereby complies with the certification requirements of 34 C.F.R. Part 82.

14. The LEA has complied with the certification requirements under 34 C.F.R. Part 84 regarding debarment, suspension and other requirements for a drug-free workplace. (34 C.F.R. Part 84).

15. The LEA will provide the certification on constitutionally protected prayer. (20 U.S.C. § 7904; Pub.

L. 114-95, Section 8524(b)).

16. The LEA administers all funds and property related to programs funded through the Consolidated Application. (20 U.S.C. § 6320; Pub. L. 114-95, Section 1117(d)(1)).

17. The LEA will adopt and use proper methods of administering each program including enforcement of any obligations imposed by law on agencies responsible for carrying out programs and correction of deficiencies in program operations identified through audits, monitoring or evaluation. (20 U.S.C. § 7846; Pub. L. 114-95, Section 8306(a)(3)(A-B)).

18. The LEA will participate in the California Assessment of Student Performance and Progress. (Ed.

Code, § 60640, et seq.).
361

19. The LEA assures that classroom teachers who are being assisted by instructional assistants retain their responsibility for the instruction and supervision of the students in their charge. (Ed. Code, § 45344(a)).

20. The LEA governing board has adopted a policy on parent involvement that is consistent with the purposes and goals of Education Code section 11502. These include all of the following: (a) to engage parents positively in their children’s education by helping parents to develop skills to use at home that support their children’s academic efforts at school and their children’s development as responsible future members of our society; (b) to inform parents that they can directly affect the success of their children’s learning, by providing parents with techniques and strategies that they may utilize to improve their children’s academic success and to assist their children in learning at home; (c) to build consistent and effective communication between the home and the school so that parents may know when and how to assist their children in support of classroom learning activities; (d) to train teachers and administrators to communicate effectively with parents; and (e) to integrate parent involvement programs, including compliance with this chapter, into the school’s master plan for academic accountability. (Ed. Code, § 11502, 11504).

21. Results of an annual evaluation demonstrate that the LEA and each participating school are implementing Consolidated Programs that are not of low effectiveness, under criteria established by the local governing board. (5 C.C.R. § 3942)

22. The program using consolidated programs funds does not isolate or segregate students on the basis of race, ethnicity, religion, sex, sexual orientation or socioeconomic status. (United States Constitution, Fourteenth Amendment; California Constitution, Article 1, Section 7; California Gov.

Code, § 11135-11139; 42 U.S.C. § 2000d; 5 C.C.R. § 3934).

23. Personnel, contracts, materials, supplies, and equipment purchased with Consolidated Program funds supplement the basic education program. (Ed. Code, § 62002; 5 C.C.R. § 3944, 3946).

24. At least 85 percent of the funds for School Improvement Programs, Title I, Title VI and Economic Impact Aid (State Compensatory Education and programs for English learners) are spent for direct services to students. One hundred percent of Miller-Unruh apportionments are spent for the salary of specialist reading teachers. (Ed. Code, § 63001; 5 C.C.R. § 3944(a)(b)).

25. State and federal categorical funds will be allocated to continuation schools in the same manner as to comprehensive schools, to the maximum extent permitted by state and federal laws and regulations. (Ed. Code, § 48438).

26. Programs and services are and will be in compliance with Section 8355 of the California Government Code and the Drug-Free Workplace Act of 1988, and implemented at C.F.R. Part 84, Subpart F, for grantees, as defined at 34 C.F.R. Part 84, Sections 84.105 and 84.110.

27. Federal grant recipients, sub recipients and their grant personnel are prohibited from text messaging while driving a government owned vehicle, or while driving their own privately owned vehicle during official grant business, or from using government supplied electronic equipment to text message or email when driving. Recipients must comply with these conditions under Executive Order 13513, “Federal Leadership on Reducing Text Messaging while Driving,” October 1, 2009.

28. The Federal grant sub recipient has complied with the Federal Funding Accountability and Transparency Act, as defined in 2 C.F.R. Part 25 (Pub. L. 109-282; Pub. L. 110-252) regarding the establishment of a Data Universal Numbering System (DUNS) number and maintaining a current/active registration in the System for Award Management web page. 362

EXHIBIT H
Board Policy and Administrative Procedure 5142 and
Board Policy and Administrative Procedure 3516
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379

EXHIBIT I
CalSTRS Post-Retirement Employment Notice
The parties acknowledge that the Contractor is a CalSTRS retiree and will be performing retired member activities normally performed by employees of a CalSTRS employer, and therefore is subject to postretirement employment restrictions set forth in Education Code sections 24114, 24116, 24214, 24214.5, 24215, 22461, and 45134.

Contractor agrees that paragraphs (i) through (v) below satisfy all notice requirements imposed by law.

Contractor declares that prior to signing this Agreement, Contractor is apprised of relevant data and received independent advice and counsel regarding the state and federal tax and retirement consequences of this Agreement.

1. Fiscal Hours Limitation. Contractor is subject to the annual earning limitation set by Ca1STRS, as that limit may change from time to time. For the 2018-2019 fiscal year, the earning limit is set at Forty-Five Thousand Twenty-Two Dollars ($45,022). Contractor shall be solely responsible for monitoring the earning limits in order to ensure compliance with this limit. If Contractor exceeds the annual earnings limit set by CalSTRS, Contractor shall be solely liable for any penalties or re-payments imposed by Ca1STRS on either the Contractor or the District as a result of exceeding this limit.

2. Unemployment Insurance Payment. Contractor represents to the District that Contractor did not receive any unemployment insurance payments in the preceding twelve months prior to the Effective Date.

3. 180 Day Waiting Period. Contractor represents to the District that as of the Effective Date at least 180 days have passed since the Contractor retired from the CalSTRS system.

4. CalSTRS Retirement Incentive Program. Contractor represents to the District that he/she has not received an incentive to retire under the CalSTRS Retirement Incentive Program.

5. Special Skills. The Parties agree that Contractor cannot work in a classified position, except as a teacher’s aide. The Parties also agree that Contractor possesses specialized skills. Further, Contractor represents that he/she possesses the credentials required to perform the duties set forth in this Agreement.
380

EXHIBIT J
CalPERS Notice of Exclusion
If applicable, please use CalPERS Form 1007 “Notice of Exclusion from CalPERS Membership” located here:
https://www.calpers.ca.gov/docs/forms-publications/notice-of-exclusion-from-calpersmembership-state-agency-calpers-1007.pdf 381

EXHIBIT K
Privacy Requirements

1. Family Educational Rights and Privacy Act. The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g) and the federal regulations that implement FERPA (34 C.F.R. Part 99), set forth requirements for protecting the privacy of parent and student information, including, among others, requirements for maintaining the confidentiality of personally identifiable information (e.g., names, addresses, telephone numbers, dates of birth, test scores, et cetera). To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of FERPA (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable requirements of FERPA and its implementing regulations.

2. Health Insurance Portability and Accountability Act. The Health Insurance Portability and Accountability Act, Public Law 104-191 (“HIPAA”) and the federal regulations that implement HIPAA (42 U.S.C. § 1320d-6), set forth requirements for, among other things, use and disclosure of individuals’ health information, including, among others, requirements for individuals to control use of their health information and for entities possessing such health information to properly protect it from unauthorized disclosure. In addition, the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-5 (“HITECH”) and the federal regulations that implement HITECH, address concerns associated with electronic transmission of health information and establishes penalties for violations. To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of HIPAA and/or HITECH (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable requirements of HIPAA and/or HITECH, and their respective implementing regulations.

3. Student Online Information Protection Act. Division 8, Chapter 22.2 (commencing with Section 22584) of the California Business and Professions Code, which is the Student Online Personal Information Protection Act (“SOPIPA”), sets forth privacy laws for operators of websites, online services, and applications that are marketed and used for K-12 school purposes, even if those operators do not contract with educational agencies. To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of SOPIPA (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable requirements of SOPIPA.

4. Children’s Online Privacy Act. California Education Code Section 49073.1 sets forth requirements for contracts for third-party storage, management, and retrieval of pupil records and contracts for digital educational software that authorizes any third-party to access, store and use pupil records, including, among others, requirements for limitations and procedures relating to access and use of information maintained by educational agencies and information acquired directly from pupils. To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of Section 49073.1 (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable 382
requirements of Section 49073.1. For such purposes, the provisions specified in Section 49073.1 are deemed and construed to be incorporated into this Agreement by this reference.

5. Children’s Online Privacy Protection Rule. The Children’s Online Privacy Protection Act of 1998 set forth in Title 15 USC Section 6501 et seq. (“COPPA”) prohibits unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on the internet. To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of COPPA (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable requirements of COPPA.

6. Reporting of Incidents. In the event, in connection with the ELOP Services, the Provider becomes aware of any violation of any of the foregoing provisions described in this Attachment B, then, within twenty-four (24) hours of becoming aware of the violation (in each case, an “Incident”), the Provider shall submit a written report of the Incident to the District, which shall include, without limitation, a reasonably detailed description of the related facts known by the Provider and copies of any and all documentation relating to the Incident that is within the possession or control of the Provider.
383
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0278 Agenda Date: 7/21/2025 Agenda #: 12.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Houk Park Shade Structure Design & Installation Services, at various parks.

Prepared by: 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: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Shade Structure Design & Installation Services Project at Houk Park.

Summary:

The scope of work included the design and installation of a freestanding shade structure. The contract was awarded to Zoom Recreation at the April 15, 2024, City Council Meeting in the amount of $156,920.89.

Background Discussion:

On March 12, 2024, and March 19, 2024, the City solicited bids by advertising in the Visalia Times Delta and the RFP was posted on Bid-Net. The City also emailed the RFP notices to contractors who have requested to be on our construction projects list to participate in this bid process.

On March 27, 2024, and March 28, 2024, two mandatory pre-bid meetings were held at Houk Park.

Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On April 11, 2024, the City received three proposals from three (3) proposers. A selection committee was formed and met on April 30, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-12D. During their review the committee felt that the proposals submitted by Zoom Recreation and Anchor 41 Construction were the top two proposals and met the design criteria established in RFP #23-24-12D.

Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on May 8, 2024, to review the cost for each of the two designs and concluded that the Zoom Recreation proposal was the overall winner that best meets the requirements of RFP #23-24-12D and the needs of the community.

Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0278 Agenda Date: 7/21/2025 Agenda #: 12.

Fiscal Impact: The Houk Park Shade Structure Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were two change orders for the project that were reviewed and approved by the City’s Change Order Review Committee.

Houk Park Playground Shade Structure Design & Installation Services Project CIP 3880-72000/CP0763-999
Fund 388 – ARPA Fund $156,920.89
Actual Construction Costs
Zoom Recreation $156,920.89
Zoom Recreation Change Order #1 – Architectural Site Drawings $ 4,275.00 Zoom Recreation Change Order #2 – Removal of Architectural Site Drawings
($ 4,275.00)
Legal Advertisement $ 57.43
Building Permit $ 486.54
Total Project Costs $157,464.86
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with Zoom Recreation for the Shade Structure Design & Installation Services.

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

I move to authorize the filing of a Notice of Completion for the Houk Park Shade Structure Design & Installation Services Project
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
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Houk Park Site Map
Playground
Area
386
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

HOUK PARK SHADE STRUCTURE DESIGN & INSTALLATION SERVICES, AT VARIOUS PARKS. (PROJECT NO. 3880-72000/CP0763-999) under the contract agreement entered into with Mountain Vista Construction dated 11/07/2024, as a whole was completed on 3/24/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 387
388
389
390
391
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0279 Agenda Date: 7/21/2025 Agenda #: 13.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Provident Skate Park Shade Structure Design & Installation Services, at various parks.

Prepared by: 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: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Shade Structure Design & Installation Services Project at Provident Skate Park.

Summary:

The scope of work included the design and installation of a freestanding shade structure. The contract was awarded to Zoom Recreation at the April 15, 2024, City Council Meeting in the amount of $327,353.00.

Background Discussion:

On March 12, 2024, and March 19, 2024, the City solicited bids by advertising in the Visalia Times Delta and the Request for Proposals (RFP) was posted on Bid-Net. The City also emailed the RFP notices to contractors who have requested to be on our construction projects list to participate in this bid process.

On March 27, 2024, and March 28, 2024, two mandatory pre-bid meetings were held at Provident Skate Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On April 11, 2024, the City received two proposals from one (1) proposer. A selection committee was formed and met on April 30, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-12B. During their review the committee felt that the proposals submitted by Zoom Recreation met the design criteria established in RFP #23-24-12B. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on May 8, 2024, to review the cost for each of the two designs and concluded that the Zoom Recreation Option 2 design proposal was the overall winner that best meets the Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0279 Agenda Date: 7/21/2025 Agenda #: 13.
the Zoom Recreation Option 2 design proposal was the overall winner that best meets the requirements of RFP #23-24-12B and the needs of the community.

Fiscal Impact: The Recreation Park Shade Structure Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were three change orders for the project that were reviewed and approved by the City’s Change Order Review Committee.

Provident Skate Park Shade Structure Design & Installation Services Project CIP 3880-72000/CP0763-999
Fund 388 – ARPA Fund $327,353.00
Actual Construction Costs
Zoom Recreation $327,353.00
Zoom Recreation Change Order #1 – Architectural Site Drawings $ 4,275.00 Zoom Recreation Change Order #2 – Removal of Architectural Site Drawings
($ 4,275.00)
Zoom Recreation Change Order #3 – Installation of Concrete Bollards $ 6,548.75 Legal Advertisement $ 57.43
Building Permit $ 698.26
Total Project Costs $334,657.44
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with Zoom Recreation for the Shade Structure Design & Installation Services.

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

I move to authorize the filing of a Notice of Completion for the Provident Skate Park Playground Replacement Project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
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Provident Skate Park Site Map
Playground
Area
394
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

PROVIDENT SKATE PARK SHADE STRUCTURE DESIGN & INSTALLATION SERVICES, AT VARIOUS PARKS. (PROJECT NO. 3880-72000/CP0763-999) under the contract agreement entered into with Mountain Vista Construction dated 11/07/2024, as a whole was completed on 5/22/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 395
396
397
398
399
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0280 Agenda Date: 7/21/2025 Agenda #: 14.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Recreation Park Shade Structure Design & Installation Services project.

Prepared by: 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: Staff recommends the City Council authorize the filing of a Notice of Completion for the Shade Structure Design & Installation Services Project at Recreation Park.

Summary:

The scope of work included the design and installation of a freestanding shade structure. The contract was awarded to Zoom Recreation at the April 15, 2024, City Council Meeting in the amount of $241,783.00.

Background Discussion:

On March 12, 2024, and March 19, 2024, the City solicited bids by advertising in the Visalia Times Delta and the Request For Proposal (RFP) was posted on Bid-Net. The City also emailed the RFP notices to contractors who have requested to be on the City’s construction projects list to participate in this bid process.

On March 27, 2024, and March 28, 2024, two mandatory pre-bid meetings were held at Provident Skate Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On April 11, 2024, the City received two proposals. A selection committee was formed and met on April 30, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-12A. During their review the committee felt that the proposals submitted by Zoom Recreation and Anchor 41 Construction met the design criteria established in RFP #23-24-12A. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then met again on May 8, 2024 to review the cost for each of the two designs and concluded that the Zoom Recreation proposal was the overall winner that best meets the requirements of RFP #23-24-12A and the needs of the community.

Visalia City Council Page 1 of 2 Printed on 7/18/2025
powered by Legistar™400
File #: 25-0280 Agenda Date: 7/21/2025 Agenda #: 14.

Fiscal Impact: The Recreation Park Shade Structure Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were three change orders for the project that were reviewed and approved by the City’s Change Order Review Committee.

Recreation Park Shade Structure Design & Installation Services Project CIP 3880-72000/CP0763-999
Fund 388 – ARPA Fund $251,510.73
Actual Construction Costs
Zoom Recreation $241,783.00
Zoom Recreation Change Order #1 – Architectural Site Drawings $ 4,275.00 Zoom Recreation Change Order #2 – Removal of Architectural Site Drawings
($ 4,275.00)
Zoom Recreation Change Order #3 – Concrete and Debris Removal $ 9,000.00 Legal Advertisement $ 57.43
Building Permit $ 670.30
Total Project Costs $251,510.73
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with Zoom Recreation for the Shade Structure Design & Installation Services.

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

I move to authorize the filing of a Notice of Completion for the Recreation Park Shade Structure Design & Installation Services.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
powered by Legistar™401
Recrea�on Park Site Map
Playground
Area
402
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

RECREATION PARK SHADE STRUCTURE DESIGN & INSTALLATION SERVICES, AT VARIOUS PARKS. (PROJECT NO. 3880-72000/CP0763-999) under the contract agreement entered into with Mountain Vista Construction dated 11/07/2024, as a whole was completed on 5/22/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 403
404
405
406
407
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0283 Agenda Date: 7/21/2025 Agenda #: 15.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Pinkham Park Playground Replacement Project.

Prepared by: 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: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Playground Replacement Project at Pinkham Park.

Summary:

The scope of work included the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure. The contract was awarded to R.E. Shultz Construction at the April 15, 2024, City Council Meeting in the amount of $298,810.00.

Background Discussion:

On December 14, 2023, and December 21, 2023, the City solicited bids by advertising in the Visalia Times Delta and the Request for Proposals (RFP) was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on the City’sconstruction projects list to participate in this bid process.

On January 3, 2024, and January 4, 2024, two mandatory pre-bid meetings were held at Woodland Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On January 25, 2024, the City received nine (9) proposals. A selection committee was formed and met on February 14, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-28. During their review the committee felt that the proposals submitted by Anchor 41 Construction and R. E. Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on February 29, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 2 design proposal was the overall winner that best meets the requirements of RFP #23-24-28 and the needs of the community.

Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0283 Agenda Date: 7/21/2025 Agenda #: 15.

Fiscal Impact: The Pinkham Park Playground Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were no change orders for the Pinkham Park Project.

Pinkham Park Playground Replacement Project CIP 3880-
72000/CP0763-999
Fund 388 – ARPA Fund $299,814.84
Actual Construction Costs
R.E. Schultz Construction $298,810.00
Building Permit Fees $ 652.87
Legal Advertisement $ 351.97
Total Project Costs $299,814.84
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with R.E. Schultz Construction for the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure.

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

I move to authorize the filing of a Notice of Completion for the Pinkham Park Playground Replacement Project
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
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Pinkham Park Site Map
Playground
Area
410
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

PINKHAM PARK PLAYGROUND REPLACEMENT PROJECT RFP 23-24-28 under the contract agreement entered into with R.E. Schultz Construction dated 4/15/2024, as a whole was completed on 6/20/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 411
412
413
414
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0284 Agenda Date: 7/21/2025 Agenda #: 16.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Woodland Park Playground Replacement Project.

Prepared by: 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: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Playground Replacement Project at Woodland Park.

Summary:

The scope of work included the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure. The contract was awarded to R.E. Shultz Construction at the April 15, 2024, City Council Meeting in the amount of $478,680.00.

Background Discussion:

On January 2, 2024, and January 9, 2024, the City solicited bids by advertising in the Visalia Times Delta and the Request for Proposals RFP was posted on Bid-Net. The City also emailed the RFP notices to contractors who have requested to be on the City’s construction projects list to participate in this bid process.

On January 17, 2024, and January 18, 2024, two mandatory pre-bid meetings were held at Woodland Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On February 1, 2024, the City received six (6) proposals. A selection committee was formed and met on January 18, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-32. During their review the committee felt that the proposals submitted by Zoom Recreation Option 1 and R. E.

Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on March 20, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 2 design proposal was the overall winner that best meets the requirements of RFP #23-24-32 and the needs of the community.

Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0284 Agenda Date: 7/21/2025 Agenda #: 16.

Fiscal Impact: The Woodland Park Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were no change orders for the Woodland Park Project.

Woodland Park Playground Replacement Project CIP 3880-
72000/CP0763-999
Fund 388 – ARPA Fund $479,650.45
Actual Construction Costs
R.E. Schultz Construction $478,680.00
Building Permit Fees $ 589.63
Legal Advertisement $ 380.82
Total Project Costs $479,650.45
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with R.E. Schultz Construction for the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure.

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

I move to authorize the filing of a Notice of Completion for the Woodland Park Playground Replacement Project
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
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Woodland Park Site Map
Playground
Area
417
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

WOODLAND PARK PLAYGROUND REPLACEMENT PROJECT RFP 23-24-32 under the contract agreement entered into with R.E. Schultz Construction dated 4/15/2024, as a whole was completed on 6/20/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 418
419
420
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0286 Agenda Date: 7/21/2025 Agenda #: 17.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the John Combs Park Playground Replacement Project.

Prepared by: 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: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Playground Replacement Project at John Combs Park.

Summary:

The scope of work included the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure. The contract was awarded to Gametime c/o MRC at the April 15, 2024, City Council Meeting in the amount of $183,160.00.

Background Discussion:

On December 14, 2023, and December 21, 2023, the City solicited bids by advertising in the Visalia Times Delta and the Request for Proposals (RFP) was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on the City’s construction projects list to participate in this bid process.

On January 3, 2024, and January 4, 2024, two mandatory pre-bid meetings were held at Woodland Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On January 25, 2024, the City received nine (9) proposals. A selection committee was formed and met on February 14, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-29. During their review the committee felt that the proposals submitted by Anchor 41 Construction, Playcore, dba Gametime, and R. E. Schultz Option 2 had the top designs, with Gametime and R.E. Schultz submitting identical playground structures. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on February 29, 2024, to review the cost for each of the top designs and concluded that the Gametime design proposal was the overall winner that best meets the Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0286 Agenda Date: 7/21/2025 Agenda #: 17.
requirements of RFP #23-24-29 and the needs of the community.

Fiscal Impact: The John Combs Park Playground Design & Installation Services Project was part of the American Rescue Plan Act (ARPA), of which $3,900,000.00 was budgeted for park improvements in Fund 388 (Project No. 3880-72000/CP0763-999). There were no change orders for the John Combs Project.

John Combs Park Playground Replacement Project CIP 3880- 72000/CP0763-999
Fund 388 – ARPA Fund $184,128.45
Actual Construction Costs
Playcore dba Gametime $183,160.00
Building Permit Fees $ 616.48
Legal Advertisement $ 351.97
Total Project Costs $184,128.45
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with Gametime c/o MRC for the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure.

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

I move to authorize the filing of a Notice of Completion for the John Combs Park Playground Replacement Project
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Page 2 of 2 Printed on 7/18/2025
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John Combs Park Site Map
Playground
Area
423
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

JOHN COMBS PARK PLAYGROUND REPLACEMENT PROJECT RFP 23-24-29 under the contract agreement entered into with R.E. Schultz Construction dated 4/15/2024, as a whole was completed on 6/10/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 424
425
426
427
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0288 Agenda Date: 7/21/2025 Agenda #: 18.

Agenda Item Wording:

Notice of Completion Willow Springs Unit No. 2 - Request authorization to file a Notice of Completion for Willow Springs, Unit No. 2 subdivision, located on the south side of Walnut Ave and East of Santa Fe Street, containing 87 residential lots.

Prepared by: Edelma Gonzalez, Associate Engineer, [email protected], (559) 713-4364; Adrian Rubalcaba, Sr. Project Manager, [email protected], (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, [email protected], (559)713- 4495
Department Recommendation: Staff recommends that City Council authorize the filing of a Notice of Completion for Willow Springs, Unit No. 2 subdivision.

Summary:

All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Willow Springs, Unit No. 2 subdivision, was developed by West Coast Construction (Morgan Enterprises, Inc.), and contains 87 single family residential lots.

The developer has submitted a maintenance bond in the amount of $247,225.50 as required by the Subdivision Map Act to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

The City Council authorized the recording of the final map for Willow Springs, Unit No. 2, subdivision on November 16, 2020. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.

Fiscal Impact: By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Prior Council Action:

On June 04, 2018 - Council authorized the recordation of Willow Spring Unit No. 1 final map, and the formation and assessment of Landscape and Lighting District 18-05 “Willow Springs.” On November 16, 2020 - Council authorized the recordation of the final map for Willow Springs, Unit No. 2, subdivision and the annexation of Landscape and Lighting Assessment District No. 18-05 “Willow Springs”.

On June 10, 1987 - Council authorized the use of landscape maintenance assessment districts per Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0288 Agenda Date: 7/21/2025 Agenda #: 18.

On June 10, 1987 - Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Other: N/A
Alternatives: No alternatives are provided.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of a Notice of Completion for Willow Springs, Unit No. 2 subdivision.

Environmental Assessment Status: Negative Declaration adopted November 14, 2005 - Environmental Document No. 2005-39.

CEQA Review: Negative Declaration adopted November 14, 2005 - Environmental Document No. 2005-39.

Deadline for Action: 7/21/2025
Attachments: 1. Aerial Map 2. Location Map 3. Final Map 4. Development Disclosure Visalia City Council Page 2 of 2 Printed on 7/18/2025
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E K Ave
S
S
a
nta
F
e
St
E Walnut Ave
S
B
u
r
k
e
St

AERIAL MAP
WILLOW SPRINGS UNIT 2 ·

WILLOW SPRINGS
UNIT NO 1

WILLOW SPRINGS
UNIT NO. 2

WILLOW SPRINGS

QUASI PUBLIC ZONING
FUTURE
PHASE 3
430
E K Ave
S
S
a
nta
F
e
St
E Walnut Ave
S
B
u
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LOCATION MAP
WILLOW SPRINGS UNIT 2 ·

WILLOW SPRINGS
UNIT NO 1

WILLOW SPRINGS
UNIT NO. 2

WILLOW SPRINGS

QUASI PUBLIC ZONING
FUTURE
PHASE 3
431
432
433
434
435
Form Date: 8/9/07 Page 1 of 1

CITY OF VISALIA
Disclosure Development Project

NOTICE OF COMPLETION

INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

Address or APN(s): _________________________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ DEVELOPER(S):

If more than two developers, please provide information and signature(s) on a separate sheet.

Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ___________________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ___________________________________________ Statement: I/We declare under penalty of perjury that I am/we are the developers(s) of the property per the executed Subdivision Agreement with the City of Visalia. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________ ____________________________________________ Date Developer Signature
____________________________________________
Print Name & Title
_______________________ ____________________________________________ Date Developer Signature
____________________________________________
Print Name & Title
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

List the names of all principals, partners, and/or trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ East Walnut Avenue / South Santa Fe Street
Willow Springs, Phase 2
Single Family Home Subdivision Development
Olive Farms Associates, LLC.

Bill Morgan, Managing Partner
3600 W Mineral King Ave, Suite B
Visalia, CA 93291
(559) 739-2927
06/30/2025
Greg Kubicek
Frye Family Partnership
James I. Holland and Randi E. Holland
Skyler Smick
436
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0285 Agenda Date: 7/21/2025 Agenda #: 19.

Agenda Item Wording:

Professional Services Agreement for Transportation Impact Fee Update - Approve a professional services agreement for an update to the Transportation Impact Fee program with DTA Consultants for $95,940.

Prepared by: Adrian Rubalcaba, Sr. Project Manager (559) 713-4507 [email protected]; Chris Crawford, City Engineer, (559) 713-4331 [email protected]; Jason Huckleberry, Engineering and Building Dept. Director, (559) 713-4495, [email protected] Department Recommendation: Staff recommends that Council approve a professional services agreement for an update to the Transportation Impact Fee program with DTA at a cost of $95,940.

Summary:

Visalia’s Transportation Impact Fee (TIF) Program’s last major update was adopted by Council in April 2015. A comprehensive update is now needed in order to stay up-to-date with project costs and fee calculations. This program update is required by the State of California Mitigation Fee Act (Government Code, Title 7, Division 1) to identify the purpose of the fee, verify a nexus to new development and confirm that the fees are being used appropriately.

A Request for Proposals (RFP 23-24-23) was issued in October 2024, with proposals being due on November 7, 2024. The City received one proposal from DTA. After reviewing DTA’s written proposal they were selected by staff for the recommendation of Council award. DTA has an office in San Jose, CA and performed similar fee updates for agencies throughout California. The consultant’s cost proposal is an amount not to exceed $95,940.

Background Discussion:

The City’s Transportation Impact Fee Program is designed to help fund many of the City’s new arterial and collector status streets as outlined by the Circulation Element of the General Plan. This program has been an extremely important and necessary funding source for these new street projects. There have been many significant improvements done with this funding including major roadway improvements and expansions of Visalia Parkway, Caldwell Avenue, and Riggin Avenue.

Updating the TIF program to current construction costs and land values is essential to ensure the City is capable of planning and delivering these major roadways and relieving traffic congestion, as well as providing multimodal facilities for pedestrians and cyclists.

The staff and consultant will perform extensive outreach to interested groups such as the BIA of Tulare and Kings Counties, Visalia Chamber of Commerce, Visalia Economic Development Corporation, and various active developers within the City. Several stakeholder meetings will be conducted during the course of this project in order to engage, gather input, and address questions and concerns about this update. These meetings will be helpful for the consultants and staff to communicate clearly the reasoning and calculations for the fee program. Under the current proposal, DTA has outlined a minimum of five in-person meetings with stakeholders, staff and City Council Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0285 Agenda Date: 7/21/2025 Agenda #: 19.

DTA has outlined a minimum of five in-person meetings with stakeholders, staff and City Council through adoption of the updated TIF program.

The consultant’s proposal outlines a six-month update process, thereby bringing a draft TIA to Council in March 2026 with final adoption targeted for April 2026.

Fiscal Impact: The update of the TIF program was budgeted in fiscal year 2024/25 in the amount of $220,000. With Council’s authorization the agreement of $95,940 would be executed with DTA; any remaining funding will be directed toward the upcoming Circulation Element Update as associated with the General Plan Update beginning in this fiscal year.

Prior Council Action:

April 6, 2015 - TIF Program update approved by Council by Resolution 2015-08.

Other: None
Alternatives: Council may elect to decline entering into the contract with the consultant and direct staff to readvertise the Request for Proposals seeking additional consultants to perform the Transportation Impact Fee program update.

Recommended Motion (and Alternative Motions if expected):

I recommend authorizing the City Manager to execute the professional services agreement with DTA for the Transportation Impact Fee program update in the amount of $95,940.

Environmental Assessment Status: Not applicable
CEQA Review: Not applicable
Deadline for Action: 7/21/2025
Attachments:

1. Draft Agreement

2. DTA Cost Proposal
Visalia City Council Page 2 of 2 Printed on 7/18/2025
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2025 Transportation Impact Fee Study Update