AGREEMENT FOR
2025 TRANSPORTATION IMPACT FEE STUDY UPDATE
This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and DTA hereinafter referred to as the “CONSULTANT”.
W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in Exhibit “B” - Project Fee.
B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “B” identifying the Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of Consultant’s Notice to Proceed following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.
If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.
CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
III. COMPENSATION
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A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed ninety-five thousand, nine hundred forty dollars ($95,940). This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”.
B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on the percentage of work completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The Director of Engineering and Building shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.
B. CONSULTANT: __________________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.
V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
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1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.
2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.
VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
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B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.
B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or 442
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others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.
Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
XII. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONSULTANT’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.
B. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
C. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
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1. Workers’ compensation insurance as required by California statues.
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.
F. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. 444
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H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
B. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
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E. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
F. Jurisdiction/Venue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.
H. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.
L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
M. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
CONSULTANT:____________________
_________________________________
_________________________________
Attention: ________________________
Phone:___________________________
Email:____________________________
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Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
N. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CITY OF VISALIA CONSULTANT
___________________________ ___________________________ City Manager
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
_________________________________
Project Manager
Attachments:
Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees and Schedule of Fees for Professional Services (if applicable) 447
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EXHIBIT A – SCOPE OF WORK
SCOPE OF SERVICES
A. Required Product
The awarded Consultant shall provide the professional services needed to develop a report and fee program that updates the City’s existing Transportation Impact Fee Program and accompanying ordinances, based on the Nexus Study completed November 13, 2008 with a subsequent update in 2015 and ensure that the City’s Transportation Impact Fee Program is in accordance with the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. This report will be used to assess fees to new developments within the City of Visalia to construct the identified projects within the TIF program.
B. Services of the Consultant
The Consultant shall perform all necessary tasks to provide the City with the above stated “required product." Services for the Transportation Impact Fee Program shall include, but are not to be limited to:
Project Management
Project Data Creations and Analysis
Public Outreach
Meeting Coordination and Presentations
The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:
1. Federal laws
2. State laws
3. Local laws
4. Rules and regulations of governing utility districts
5. Rules and regulations of other authorities with jurisdiction over the procurement of products GENERAL REQUIREMENTS:
Consultant Requirements:
The purpose of this RFP is to give the Consultant a clear idea of the City’s goals and objectives to complete the project. The Consultant is strongly encouraged to propose the best means and methods to accomplish these goals. The Consultant shall clearly indicate the levels of participation expected from City staff in the fulfillment of their proposal. All proposals will be judged on the qualifications of the Consultant and the means and methods that are being proposed to meet the City’s goals in accordance with the evaluation criteria listed in this RFP. While it is believed that the requirements set forth in this Request for Proposal are in a logical sequence and include all elements essential for a comprehensive design, those submitting proposals are advised to include any subject or procedure which they believe has been overlooked. They may also note requirements and items which they believe to be excessive or extraneous to the scope of an effective design.
1. The page identifying preparers of engineering reports, the title sheet for specifications and each set of plans shall bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the professional engineer(s) responsible for their preparation, hereafter referred to as ENGINEER.
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2. Consultant shall promptly notify the City Project Manager of any ideas that may yield a better report or impact fee together with the supporting material for consideration.
3. Consultant has total responsibility for the accuracy and completeness of all reports, data, plans, specifications, and estimates prepared for this project and shall check all such material accordingly.
The data and plans will be reviewed by the City for conformity with City Design Standards, the California Environmental Quality Act (CEQA), and the preliminary design work.
4. The plans, designs, estimates, calculations, reports, and other documents furnished under this Scope of services shall be of a quality acceptable to the City Project Manager. The criteria for acceptance shall be a product that is complete, clear, well organized, technically, and grammatically correct, and that has been through the consultant’s quality control process. The minimum standard of appearance, organization, and contents of the drawings shall be that of similar types of products by the City of Visalia.
5. The Consultant shall utilize the City’s standards, templates, and existing program studies for completion of the work. Consultant shall prepare the work product in compliance with the requirements of the City’s standards. Consultant shall promptly bring any discrepancies or conflicting items to the City’s attention for a final determination.
6. Project coordination meetings shall be held a minimum of once a month to review the Consultant’s work schedule, the terms of the contract, and discuss any issues or concerns. Additional meetings may be required by the City Project Manager.
7. Consultant shall maintain careful and complete documentation of project activities throughout all phases of the project. In the event that the project is audited, all files shall be made available, as requested by the auditors.
TASKS:
The following section is broken down into several project Tasks to give the Consultant a full understanding of City expectations for services to be rendered. Consultant shall include a description of how they will approach each task in their proposal. Consultant shall format the Proposal to include each task for the project phase.
Task 1 – Project Management
City of Visalia staff will serve as the Contract Administrator and Project Manager for the City of Visalia. The Consultant will not be acting in a Management role for the City of Visalia. The Prime consultant shall serve as the project manager for the prime consultant and any sub-consultants. The prime consultant shall be responsible for the consulting team’s project management activities throughout the life of the contract including, but not limited to the following activities:
1. Administration
2. Coordination and management of all sub-consultants
3. Managing and updating the project schedule in coordination with the City of Visalia
4. Scheduling meetings in coordination with the City of Visalia
5. Project coordination meetings (1 per month during, more id determined by the City Project Manager). It is expected that the Consultant’s project manager will represent the Consulting firm, attend the meeting, and bring updates. Representatives from individual tasks may attend the monthly coordination meeting on an as-needed basis.
6. Prepare & distribute minutes, materials and handouts.
7. Consultant will be responsible for timely responding to City Staff questions/correspondence within 2 working days of the request from the City.
8. Quality Control (QC): Consultant shall implement and maintain quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. a. Quality Control program shall be in effect for the duration of the contract. b. Consultant shall provide a QC review prior to each submittal. c. Design and calculations shall be independently checked, corrected, and back-checked. d. All items are to be cross-coordinated between disciplines. Conflicts and misalignments shall be corrected or identified for resolution.
e. Consultant’s QC person shall sign all draft & final plans, reports and documents submitted to the City, in addition to the person responsible for preparing said plans, reports and documents.
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9. Prepare monthly progress invoices to the City of Visalia.
Task 2 – Project Initiation
Upon issuance of the Notice to Proceed, Consultant shall schedule a Kick-Off meeting with the City of Visalia. Only the Consultant’s Project Manager is required to attend the Kick-Off meeting; however, Consultant may invite other attendees as deemed necessary. This meeting will begin the official project initiation task and will help to bring all the parties into a mutual understanding. The Project Initiation task includes, but is not limited to the following items:
1. Schedule & attend the Project Kick-Off meeting.
2. Prepare agenda for Project Kick-off meeting.
3. Provide the COV with a list of designated consultant contacts.
4. The consultant’s proejct team must conduct a review of the past TIF reports and fees prior to the kick-off meeting and assess the conditions of the existing TIF.
5. Develop a list of issues, questions, and coordination items for the Project Kick-off meeting.
6. Consultant shall identify all necessary steps or potential issues that are needed for a complete project.
7. Review and refine project schedule in compliance with agreed upon schedule from Consultant Contract Agreement.
8. Review and discuss City and Consultant responsibilities, as needed to clarify any questions.
9. Review and discuss Scope and Budget as outlined in the Consultant Contract Agreement.
10. Prepare and distribute meeting minutes.
Task 3 – Preliminary Draft Report
Under this task the Consultant shall perform all services necessary to identify all infrastructure that will be included within the TIF and associated cost to construct. The following sub tasks shall be completed and summarized into the draft report upon completion and provided to the City for review.
Task 3A – Infrastructure Identification with Construction Costs The Consultant is expected to establish a list of projects that will include but not limited to all roadways needing to be completed within the current TIF study as well as any new roadways that shall be included to ensure a 20-year plan. The list shall include a preliminary cost to complete the project utilizing estimated rates for prevailing wage which includes but not limited to land acquisition, design, and construction. In addition, a detailed map will be established that will help visually show where the projects are within the City.
If any of these roadways have a Southern California Edison Transmission line that currently exists along the corridor, the Consultant will provide the estimated cost to relocate all associated components related to the Transmission line. This cost will be added into the previously estimated cost of the project to establish a secondary cost that can be used in the fee establishment task to allow the City to make the decision to have Transmission lines included in the TIF or not. In addition, the Consultant shall identify necessary culvert crossings and bus stops along the street segment projects included within the TIF program that may need to be included. Consultant to provide estimated costs for any such culverts and bus stops within the program for program inclusion.
The Consultant and the City will review this list to establish a Capital Improvement Plan percentage credit due to other funding sources such as Measure R, grants, or another City fund. This credit will be applied to the entire project cost to implement the TIF in order to reduce the overall cost that will be imposed on development through the TIF fees. Additionally, the City may elect to identify street segments that may be deferred out of the current fee program.
Task 3B – Preliminary Fee Establishment
The Consultant will establish a fee based on the final construction costs that will be applied to the uses currently identified in the existing City fee program. During draft review, the City may elect to change and/or alter the uses within the program.
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Task 4 –Development Community Meeting
It is imperative to have open dialog and concurrence from the Visalia Development Community. The Consultant will be required to present the preliminary findings to any party interested in participating. This meeting is to provide the methodology, the preliminary construction costs, and associated fees to the development community in order to receive productive feedback that can help refine the overall project.
The Consultant will be expected to receive the information, evaluate, and make proposed changes with identified impacts to the City prior to adjusting the proposed draft report and fees. The City will then determine any associated changes to incorporate. The Consultant will assemble all associated information and effort performed with this task and include it in the presentation to City Council. The Consultant shall assume that two (2) coordination meetings may need to occur depending on the level of changes proposed.
Task 5 –City Council Meeting
Once a draft report and fee has been established and vetted through the development community, the Consultant will assemble all information in a presentation to the City Council. The Consultant team will lead the presentation like the Development Community Meetings whereby providing the methodology, the preliminary construction costs, and associated proposed fees the City Council should adopt. Collection of comments, questions and direction by the City Council is the responsibility of the Consultant. If questions can be answered during the meeting, the Consultant shall do so, but documenting all inquiries shall still occur and be provided to City staff. Based on the outcome of the meeting, the Consultant in coordination with City staff, shall adjust the proposed TIF report and fee to address any City Council questions or direction. The Consultant shall assume that attendance at two (2) City Council Work Session meetings will be required.
Task 6 –Final Report
Upon concurrence by the City of Visalia City Council, the Consultant shall finalize the report and all associated fees into a final report. This report will then be delivered to City staff to be presented formally to City Council under an Ordinance for adoption. The Consultant shall assume that attendance at the City Council meeting is required.
DELIVERABLES:
The following list contains some of the main deliverables identified in the Scope of services. The fact that an item is not listed below, does not relieve the Consultant from providing that item as necessary for the successful completion of the project. Typical deliverables may include, but are not limited to:
Project Schedule & Updates
Agendas
Minutes
Detailed Project Cost Estimates
Meeting Materials
Draft & Final Reports
Draft Fees
Final Fees
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0289 Agenda Date: 7/21/2025 Agenda #: 20.
Agenda Item Wording:
Authorization to Apply for a Wellness Grant - Confirm the Visalia Police Department’s grant submission and authorize the City to accept, and if awarded, appropriate $200,000 for the Fiscal Year 2025 Law Enforcement Mental Health Wellness Act Grant and submit.
Prepared by:
Police Chief Jason Salazar, 559-713-4215, [email protected]; Police Captain Dan Ford, 559-713-4151, [email protected]; Lieutenant Jared Hughes, 559-713-4105, [email protected]; Financial Analyst Liz Ybarra, 559-713-4250, [email protected] Department Recommendation:
Confirm the Visalia Police Department’s grant submission and authorize the City to accept, and if awarded, appropriate $200,000 for the FY 2025 Law Enforcement Mental Health Wellness Act (LEMHWA) Grant The grant performance period is for 24 months and is effective October 1, 2025.
Summary:
The Visalia Police Department recognizes the vital importance of optimizing the performance and mental health of its law enforcement personnel, particularly given the demanding nature of the profession. To address this need, Staff is proposing the implementation of a comprehensive performance coaching platform from Sharp Performance. This program is specifically designed to enhance the skills and resilience of officers in the field. It is an app-based program which offers virtual coaching sessions plus much more.
In alignment with the objectives outlined in the LEMHWA Program, the Department’s initiative seeks to not only enhance the mental well-being of Visalia Police officers but also contribute to the broader conversation surrounding mental health awareness and support within law enforcement agencies nationwide. The Department is dedicated to creating a culture of wellness and resilience within its organization, ensuring that officers have the tools and support they need to thrive both personally and professionally.
This platform will serve as a centralized resource hub, offering a range of specialized coaching programs aimed at improving focus, decision-making abilities, and stress management techniques among officers. Rooted i proven methodologies developed in collaboration with U.S. Military Special Operations teams, the performance coaching services are unparalleled in their ability to unlock the full potential of law enforcement professionals, as well as ensuring access for officers to be in direct contact with mental health professionals 24 hours a day while ensuring their personal privacy.
The Visalia Police Department currently has a 20-person peer support team and in addition to individual coaching sessions, this platform facilitates peer support networks. The Department also has established a Wellness Team, and a Chaplain Unit and offers annual heath screens. The application will help department personnel to have direct access to chaplain and peers support Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0289 Agenda Date: 7/21/2025 Agenda #: 20.
application will help department personnel to have direct access to chaplain and peers support services already established with just a touch of a button.
The Sharp Performance coaching platform's evidence of impact and efficiency speaks volumes. With the analytics dashboard, administrators can discreetly monitor departmental wellness trends, tailor interventions, and preemptively address the mental health needs of their teams, while ensuring the privacy of individual officers. This data-driven approach ensures that our efforts are targeted and effective, ultimately resulting in a healthier and more resilient law enforcement community. It should be noted that included with the program, department wide training will be offered during the roll-out period provided by Sharp Performance.
Background Discussion:
The LEMHWA Grant is administered by the U.S Department of Justice, Community Oriented Policing Service (COPS) Office. The COPS Office was appropriated $21 billion to advance community policing, which includes hiring new officers, school safety, violent crime, officer safety and wellness.
The COPS Office FY2025 LEMHWA implementation Projects provide funding to state, local, tribal, and territorial law enforcement agencies. The COPS program is authorized under Omnibus Crime control and Safe Streets Act of 1968, as amended and the Violent Crime Control and Law Enforcement Act of 1994, Title 1, Part Q, Public Law 103-322 34 U.S.C s 10381 et seq.
The funds are to be used to improve the delivery of and access to mental health and wellness services for law enforcement officers and their families through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs.
There will be 55 awards given for a total amount of funds of $8,850,000 available.
The COPS Office implemented the LEMHWA Grant program in recognition of the unique challenges faced by law enforcement first responders created by the nature of the work, exposure to critical incidents, and the impacts on officer wellness. Best practices in addressing officer wellness, reducing police suicides, and building more resilient first responders have shown to include access to culturally competent mental health providers who specialize in first responder therapy, regular wellness check-ins, and the use of physical fitness and yoga practices to improve the overall wellbeing of first responders.
Fiscal Impact:
Appropriate $200,000 for a sole source purchase of the Sharp Performance Program. The cost of the two-year Sharp Performance Program is projected for $200,000. The Grant allows for a sole source purchase of equipment and services and does not require prior approval unless the purchase is more than $250,000. However, the application does not include information on the City’s sole source requirements, and a justification is included in the application package and is attached to this report.
The application was submitted on June 26, 2025; due to time constraints, the application was submitted and Staff is asking for the Council to confirm the award of the grant. Awards will be announced in September 2025.
Prior Council Action: N\A
Other: N/A
Alternatives: N/A
Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0289 Agenda Date: 7/21/2025 Agenda #: 20.
Recommended Motion (and Alternative Motions if expected):
Confirm the Visalia Police Department’s grant submission and authorize the City to accept, and if awarded, appropriate $200,000 for the FY 2025 Law Enforcement Mental Health Wellness Act (LEMHWA) Grant and
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Grant Solicitation, Sole Source Fact Sheet, and VPD 2025 LEMHWA Sole Source Visalia City Council Page 3 of 3 Printed on 7/18/2025
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OMB No. 1103-0098
Approval Expires 5/31/2025
U.S. Department of Justice
Office of Community Oriented Policing Services
FY25 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects Assistance Listing #: 16.070
Grants.gov Opportunity Number: O-COPS-2025-172386
Notice of funding opportunity Release Date: May 14, 2025 Grants.gov Deadline: June 24, 2025, 4:59 PM ET
Application JustGrants Deadline: June 30, 2025, 4:59 PM ET Overview
The U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office, https://cops.usdoj.gov is pleased to announce that it is seeking applications for funding for the FY25 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects. LEMHWA funds are used to improve the delivery of and access to mental health and wellness services for law enforcement officers through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs.
The COPS Office welcomes applications under which two or more entities would carry out the federal award; however, only one entity may be the applicant. Any other entities carrying out the federal award must be identified as proposed subrecipients. The applicant must be the entity that would have primary responsibility for carrying out the awards, including administering the funding, managing the entire project, and monitoring compliance.
The terms and conditions of the federal award are also applicable to subrecipients. Please note the distinction between a subaward that creates a financial assistance relationship to carry out a portion of the federal award and a contract that creates a procurement relationship for the purchase of goods and services needed under the federal award. To assist in making subrecipient and contractor determinations, please refer to the guidance in 2 C.F.R. § 200.331.
All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.
As community policing is common sense policing, throughout the Notice of Funding Opportunity (NOFO) materials, the terms ‘community policing’ and ‘common sense policing’ are used interchangeably, unless otherwise specified.
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Eligibility
Eligibility for the FY25 LEMHWA Implementation Projects program is limited to state, local, tribal, and territorial law enforcement agencies. Agencies that received LEMHWA funding in either FY23, FY24, or both fiscal years are not eligible for this notice of funding opportunity.
Contact Information
Agency Contact Description
Applications must be submitted through both Grants.gov and the JustGrants system.
For technical assistance with submitting the SF-424, please call the Grants.gov customer service hotline at 800-518-4726, send questions via email to [email protected],or consult the Grants.gov Organization Applicant User Guide. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.
For technical support with the Justice Grants System (JustGrants) application, please contact JustGrants Support at [email protected] or 833-872-5175. JustGrants Support operates Monday through Friday between the hours of 5:00 a.m. and 9:00 p.m. Eastern Time (ET) and Saturday, Sunday, and federal holidays from 9:00 a.m. to 5:00 p.m. ET. Training on JustGrants can also be found at https://justicegrants.usdoj.gov/training-resources.
For programmatic assistance with the requirements of this program, please call the COPS Office Response Center at 800-421-6770 or send questions via email to [email protected]. The COPS Office Response Center operates Monday through Friday, 9:00 a.m. to 5:00 p.m. ET, except on federal holidays. In addition, the COPS Office welcomes applicant feedback on this notice of funding opportunity, the application submission process, and the application review process. Provide feedback via email to [email protected] (Subject line: “FY25 PROGRAM NAME Feedback”). 2 of 36
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Submission Information
Registration: To submit an application, your entity must have an active registration in the System for Award Management (SAM.gov). SAM.gov assigns entities a unique entity identifier (UEI) that is required for the entity to apply for federal funding. You will enter the entity’s UEI in the application. Award recipients must then maintain an active UEI for the duration of their award. Visit SAM.gov for details and resources for first-time registration or renewal of an existing registration.
Submission: Completing an application is a two-step process:
1. Applicants must register via https://www.grants.gov and complete an Application for Federal Assistance, Standard Form 424 (SF-424).
2. The remainder of the application will be completed through the Justice Grants System (JustGrants) at https://justicegrants.usdoj.gov/. No other form of application will be accepted.
Applications with errors or missing information may be disqualified or rated accordingly. Please note that the application system will not accept incomplete applications or applications with errors.
An application is not considered submitted until both of these steps are completed. For more information about registration and submission, see the “How to Apply” section of this notice of funding opportunity.
All guidance for this program is contained in this Notice of funding opportunity and can also be found at In addition to this Notice of funding opportunity, the COPS Office “How to Apply” web page, http://cops.usdoj.gov/how-to-apply, provides additional resources to help guide applicants through the process.
The complete application package (this notice of funding opportunity, including links to additional documents) is available on Grants.gov and on the COPS Office website, https://cops.usdoj.gov. 3 of 36
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Contents
Overview........................................................................................................................................... ................................................................................................................................................. ........................................................................................................................... ................................................................................................................... ......................................................................................................................... .......................................................................................................................... ............................................................................................................................ ............................................................................................................. ............................................................................................... ...............................
1 Eligibility 2
Contact Information 2
Agency Contact Description 2
Submission Information 3
Program Description 6
Statutory Authority 6
Program-Specific Information 7
FY25 LEMHWA Implementation projects 7
Requirements, Deliverables, Projects out of Scope and Additional Requirements 8 Federal Award Information: Awards, Amounts and Durations............................................................. .............................................................................................................. .................................................................................. .......................................................................................................... ............................................................................................ ................................
.................................................................................................................... ..................................................................................................................................... ...................................................................................................................................... .......................................................................................................................... ........................................................................................................................... .......................................................................................... ....................................
........................................................................................................................... ......................................................................................................... ......................................................................................................... 9 Anticipated Number of Awards 9
Anticipated Maximum Dollar Amount of Awards 9
Period of Performance Start Date 9
Period of Performance Duration (months) 9
Anticipated Total Amount to be Awarded under Notice of Funding Opportunity 9 Federal Award Information 9
Length of Award 9
Type of Award 10
Cost Sharing or Match 10
Eligibility Information 10
Application and Submission Information 11
Before You Begin: SAM.gov Registration and Unique Entity Identifiers (UEIs) 11 Step One: Grants.gov 11
Step Two: JustGrants Application 12
Content and Form of Application 12
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Budget and Associated Documentation............................................................................................... ........................................................................................................ .................................................................................................................. ........................................................................................................... ........................................................................................................................................ .................................................................................................................. .................................................................................................................................. ........................................................................................................... .............................................................................................................................. ......................................................................................................................... 14 Other Supporting Documentation 17
Disclosures and Assurances 19
Standard Applicant Information 20
How to Apply 21
Submission Dates and Time 21
Late Submissions 21
Application Review Information 23
Director’s Selection 27
Federal Award Notices 27
The Award Package.......................................................................................................................... .............................................................................. ..................................................................................... .............................................
.............................................................................................................. ................................................................................................... ...........................................
29 Administrative and National Policy Requirements 29
Terms, Conditions, and Award Requirements 29
Administrative Actions and Legal Remedies Related to Federal Awards 30 Remedies for Noncompliance 30
Federal Awarding Agency Contact(s) 31
Freedom of Information Act and Privacy Act (5 U.S.C. §§ 552 and 552a) 31 Feedback to the COPS Office................................................................................................................ ......................................................................................................... ......................................................................... .................................................................... .......................................................................................................................... ............................................................................................................................................ ................................................................................................. ................................................................................................... ................................................................ ........................................................................................................................ ............................................................................................................................ 32 COPS Office Other Information 32
Reporting, monitoring, and evaluation requirements 32
Financial Management and System of Internal Controls 34 Audit Requirement 34
Civil Rights 34
Funding to Faith-Based Organizations 35
Section 508 of the Rehabilitation Act 35
Public Reporting Burden: Paperwork Reduction Act Notice 35 Performance Measures 36
Application Checklist 36
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Program Description
The Office of Community Oriented Policing Services (COPS Office) is the component of the U.S.
Department of Justice responsible for advancing the practice of community policing by the nation’s state, local, territorial, and tribal law enforcement agencies through information and grant resources.
The COPS Office has been appropriated more than $21 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 140,000 officers. COPS Office information resources, covering a wide range of community policing topics such as school and campus safety, violent crime, and officer safety and wellness, can be downloaded via the COPS Office’s home page, https://cops.usdoj.gov.
Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as violent crime, nonviolent crime, and fear of crime. To read an overview of the principles of community policing, please see the COPS Office publication Community Policing Defined.
The COPS Office FY25 LEMHWA Implementation Projects provide funding to state, local, tribal, and territorial law enforcement agencies to implement new or enhance existing programs that offer training and services to support officers emotional and mental health including through counseling programs, peer mentoring, suicide prevention, stress reduction, and police officer family services.
Statutory Authority
The COPS Office Program is authorized under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Violent Crime Control and Law Enforcement Act of 1994, Title I, Part Q, Public Law 103-322, 34 U.S.C. § 10381 et seq.
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Program-Specific Information
FY25 LEMHWA Implementation projects
Program Goal and Objectives
Prioritizing officer wellness and strengthening community relationships are critical for the successful implementation of community policing. The Law Enforcement Mental Health and Wellness Act (LEMHWA) program prioritizes wellness by providing resources to law enforcement agencies to support mental health and wellness efforts. This priority increases the ability of agencies to create a more compassionate, effective, and resilient workforce that fosters a safer environment for both officers and the communities they serve.
Goal: To increase the delivery of and access to mental health and wellness services, training, and programming for employees of law enforcement agencies and their families. • Objective 1: Increase law enforcement agency capacity to provide mental health and wellness training and resources for employees of law enforcement agencies and their families. • Objective 2: Increase law enforcement agency capacity to implement peer support networks for crisis and non-crisis circumstances.
• Objective 3: Increase law enforcement agency capacity to address and reduce the stigma associated with officer mental health and wellness by supporting the implementation of mental health education and development of resources.
Background
Mental and psychological health is as essential as physical health for law enforcement officers to effectively keep communities safe from crime and violence. The Law Enforcement Mental Health and Wellness Act (LEMHWA) program will fund the delivery of and access to mental health and wellness services for law enforcement officers and their families through the implementation of peer support, training, family resources, suicide prevention, stress reduction, clinical support, and other promising practices for wellness programs. The COPS Office encourages small, rural, and tribal agencies and regional coalitions of agencies to apply for LEMHWA funding to improve their joint or regional wellness efforts.
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Requirements, Deliverables, Projects out of Scope and Additional Requirements
Requirements
Applicants are strongly encouraged to refer to both the LEMHWA Report to Congress and the accompanying eleven case studies when designing new or enhanced programs in support of wellness and resilience in their agencies. Programs must focus on implementation of peer support, training, family resources, suicide prevention, stress reduction, clinical support, and other promising practices for wellness programs. Programs may serve sworn law enforcement, civilian staff, and families of agency members.
The application answers should address the following objectives:
• How the proposed program activities will support wellness in the agency or agencies served • The intended service area and size of the program (e.g., one agency, more than one agency) • The privacy protections that will be put in place for anyone using the support services • Reported outcomes of the program activities
• Attendance (virtual or in person) at a regional or national conference related to officer wellness Deliverables
The primary deliverable of these awards will be the delivery of peer support, training, family resources, suicide prevention, stress reduction, clinical support, and other promising practices for wellness programs.
Projects Out of Scope
• Applicants that are not state, local, tribal, or territorial law enforcement agencies will not be considered.
• Projects that do not develop or enhance the delivery of and access to mental health and wellness services for sworn law enforcement, civilian staff, or families of agency members will not be considered.
• Projects that exclusively seek to purchase technology, software/mobile applications, or equipment without offering broader training, programming, or services to support those tools will not be considered.
• Projects focused solely on health screenings or fitness programs are out of scope. 8 of 36
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Federal Award Information: Awards, Amounts and
Durations
Anticipated Number of Awards
55 Anticipated Maximum Dollar Amount of Awards
$200,000 per award
Period of Performance Start Date
October 1, 2025
Period of Performance Duration (months)
24 months
Anticipated Total Amount to be Awarded under Notice of Funding Opportunity
$8,850,000
Federal Award Information
Depending on the quality of applications received and the availability of funding, the COPS Office may not fund every topic or subcategory or may make additional or larger awards under one or more topic area or subcategory. In addition, the COPS Office reserves the right to revise the scope of the project in an application submission and modify the associated budget proposal accordingly.
All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. With limited funding, the COPS Office expects a competitive notice of funding opportunity.
Length of Award
The COPS Office expects to make the project period for all awards 24 months. 9 of 36
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Type of Award
The COPS Office will make all awards from the LEMHWA NOFO in the form of grants, which does not provide for substantial involvement between the federal awarding agency and the nonfederal entity in carrying out the activity contemplated by the federal award. Grant recipients will be responsible for dayto-day project management and may reach out to the COPS Office with assistance in implementing the award. However, grant recipients will need to work with the COPS Office program manager in situations stated in the terms and conditions, such as scope changes, extensions, or conference request approvals.
Cost Sharing or Match
For this opportunity, match is not required.
Eligibility Information
Eligibility is limited to state, local, tribal, or territorial law enforcement agencies. Agencies that received LEMHWA funding in either FY23, FY24, or both fiscal years are not eligible for this notice of funding opportunity.
State and local governmental entities must comply with 8 U.S.C. §1373, which provides that state and local government entities may not prohibit, or in any way restrict, any government entity or official from sending to, receiving from, maintaining, or exchanging information regarding citizenship or immigration status, lawful or unlawful, of any individual with components of the U.S. Department of Homeland Security or any other federal, state or local government entity. This includes any prohibitions or restrictions imposed or established by a state or local government entity or official. For additional information, please see the appendices in theFY25 Resource Guide for Community Policing Advancement (CPA) Programs.
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Application and Submission Information
The complete application package (that is, this NOFO, including links to additional documents) is available on Grants.gov and on the COPS Office website https://cops.usdoj.gov/. Completing an application under this program is a two-step process.
Before You Begin: SAM.gov Registration and Unique Entity Identifiers (UEIs)
To submit an application, your entity must have an active registration in the System for Award Management (SAM.gov). SAM.gov assigns entities a unique entity identifier (UEI) that is required for the entity to apply for federal funding. You will enter the entity’s UEI in the application. Award recipients must then maintain an active UEI for the duration of their award. Visit SAM.gov for details and resources for first-time registration or renewal of an existing registration.
The registration and renewal processes can take several weeks. Start these processes at least 30 days prior to the Grants.gov deadline. Applicants who do not begin the registration or renewal process at least 10 business days prior to the Grants.gov deadline may not be able to complete the process in time and will not be considered for a technical waiver that allows for late submission.
Step One: Grants.gov
Application for Federal Assistance (SF-424): Applicants must register via https://www.grants.gov and complete an Application for Federal Assistance, Standard Form 424 (SF-424). The SF-424 is a required standard form that collects the applicant’s name, address, and UEI; the funding opportunity number; and the proposed project title, among other information. It is used as a cover sheet for submission of pre-applications, applications, and related information under discretionary programs.
Applicants must complete and submit the SF-424 via https://www.grants.gov using the information provided on that site. The SF-424 must be signed by the Grants.gov authorized organizational representative.
Section 8F – Applicant Point of Contact: Enter the name and contact information of the individual who will complete application materials in JustGrants. JustGrants will use this information to assign the application to this user in JustGrants.
Section 19 – Intergovernmental Review: This funding opportunity is subject to Executive Order (E.O.) 12372 (Intergovernmental Review). States that participate in the Intergovernmental Review process have an opportunity to review the applicant’s submission. Find the names and addresses of state Single Points of Contact (SPOCs) for Intergovernmental Review at the following website:
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If the applicant’s state appears on the SPOC list:
• Contact the state SPOC for information and follow the state’s process under E.O. 12372. • On the SF-424, make the appropriate selection for question 19 once the applicant has complied with its state E.O. 12372 process.
If the applicant’s state does not appear on the SPOC list:
• Answer question 19 by selecting, “Program is subject to E.O. 12372 but has not been selected by the state for review.”
Applicants are strongly encouraged to register immediately on https://www.grants.gov. Any delays in registering with Grants.gov or submitting the SF-424 may result in insufficient time for processing your application through JustGrants. Refer to the U.S. Department of Justice (DOJ) Application Submission Checklist for additional details.
For technical assistance with submitting the SF-424, please call the Grants.gov customer service hotline at 800-518-4726, send questions via email to [email protected], or consult the Grants.gov Organization Applicant User Guide. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.
Step Two: JustGrants Application
The remainder of the application will be completed through the Justice Grants System (JustGrants) at https://justicegrants.usdoj.gov/. No other form of application will be accepted. Applications with errors or missing information may be disqualified or rated accordingly. Please note that the application system will not accept incomplete applications or applications with errors.
Content and Form of Application
This section describes in detail what an application must include. Failure to submit an application that contains all of the specified elements may negatively affect the review of its application; and should a decision be made to make an award; such failure may result in the inclusion of award conditions that prevent the recipient from accessing or using award funds until the recipient satisfies the special conditions and the COPS Office makes the funds available. Applicants must comply with any word and field limit requirements described in this notice of funding opportunity. 12 of 36
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Moreover, applicants should anticipate that an application that the COPS Office determines does not address the scope of the NOFO or does not include the application elements that the COPS Office has designated to be critical will neither proceed to peer review nor receive further consideration. For this notice of funding opportunity, the COPS Office has designated the following application elements as mandatory:
• Proposal Abstract (must be brief high-level project description that summarizes the proposed project in 5–6 sentences / 500 words or less)
• Application Questions (must respond to the application questions under the "Data Requested with Application" section. Please be advised there is a 125-word count limit for survey responses. Note: review panels will not read any information past the 125-word count limit. Any information provided beyond the word limit will not be counted in your application.) • Budget Narrative (must be submitted as an attachment in the “Budget/Financial Attachments” section)
• Budget Detail Worksheets (must use the web-based forms in “Budget and Associated Documentation” section)
• Timeline of project deliverables, milestones, activities and who will complete the activities. (must be submitted as an attachment in the "Additional Application Components" section) • Résumés/Curricula Vitae of Key Personnel (must be submitted as an attachment in the “Additional Application Components” section)
• Letters of support, if applicable (must be submitted as an attachment in the “Additional Application Components” section) – Optional
Proposal Abstract
The proposal abstract is entered into a text box in JustGrants. Briefly summarize (in 5–6 sentences / 500 words or less) how your agency intends to use this award to achieve the stated program goals, if funded.
The abstract should include names of applicant and partners, project title, purpose of the project (including goal and intended outcome), primary activities for which funds are requested, key partners, and who will benefit (including geographic area to be served). The abstract should be coherent, concise, and able to stand alone as a project summary. The abstract will not be scored but is used throughout the review process.
Write your project abstract for a general public audience without any personally identifiable or law enforcement sensitive information. Avoid using acronyms or terminology unfamiliar to a general public audience. This abstract, along with other federal award information, may be published on publicly available government-wide websites.
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Data Requested with Application
Applicants must complete the survey questions in the “Data Requested with Application” section of the JustGrants application. A copy of the survey questions required for this NOFO can be found at https://cops.usdoj.gov/lemhwa.
Please refer to the following steps to help guide you through initiating, completing, modifying, and obtaining the status of notice of funding opportunity surveys in the JustGrants system:
• To initiate a survey, please click on the survey title to open. • When you have completed the survey, please click the “Finish” button on the lower right corner of the screen. The system will direct you to a review screen displaying your survey responses. • To go back to the initial list of surveys, go to the “Actions” menu at the top right corner of the screen and select “Close” to exit the survey review screen. The survey you just completed will still display an “Open” status.
• To confirm the completed status of your survey, go back to the “Actions” menu and select “Refresh.” The status of your completed survey will change to “Resolved-Completed.” • If you would like to verify the survey responses of a completed survey, you may click the survey title to reopen the selected survey and view your saved responses. • If you would like to change and/or update the survey responses of a completed survey, you may click the “Re-open” option to update your saved responses. • Remember, to confirm the status of a completed survey, you will need to click the “Actions” menu and “Refresh.”
Budget and Associated Documentation
Budget Detail Worksheet and Budget Narrative (Web-Based Form) Applicants must complete the web-based budget worksheet form in JustGrants, providing narrative entries in the “additional narrative” field to describe and justify each proposed cost.
The information in the “additional narrative” field(s) should be mathematically sound and correspond clearly with the information provided in the budget detail worksheets. The narrative should explain how the applicant estimated and calculated all costs and how those costs are necessary to the completion of the proposed project and demonstrate the efficient use of funding in achieving program goals.
Note: Costs incurred by the applicant prior to the start date of the period of performance of the federal award are unallowable. Requests for reimbursement of items purchased or expenses incurred prior to the award start date (i.e., pre-agreement costs) will not be approved by the COPS Office.
Note: For-profit organizations (as well as other recipients) must forgo any profit or management fee. 14 of 36
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Budget requests may be made in the following categories:
• Civilian personnel (base salary and fringe benefits)
• Travel
• Equipment
• Supplies
• Sub-awards
• Procurement contracts
• Other costs
• Indirect costs
Allowable and Unallowable Costs
Definitions for each budget category, as well as information on frequent requests as well as typically allowable and unallowable costs can be found at https://cops.usdoj.gov/lemhwa. Before preparing your budget, please refer to the detailed list of allowable and unallowable costs for this program. Please note:
The unallowable lists are not exhaustive and are generally considered unallowable for the entire notice of funding opportunity, irrespective of where the applicant adds the requested item in the budget. The COPS Office reserves the right to deny funding for any items that may not be included in this notice of funding opportunity.
Please be advised that COPS Office funding must not be used for the following:
1. To directly or indirectly support or subsidize an educational service agency, state educational agency, local educational agency, elementary school, secondary school, or institution of higher education that requires students to have received a COVID-19 vaccination to attend any inperson education program.
2. To promote gender ideology.
3. For projects that provide or advance diversity, equity, inclusion, and accessibility, or environmental justice programs, services, or activities.
4. State and local governments and law enforcement agencies that have failed to protect public monuments, memorials, and statues from destruction or vandalism.
If awarded, and it is determined that the applicant is not in compliance with the funding restrictions, the COPS Office may place a hold on the award and/or take other remedial action.
Budget Narrative
Applicants must also complete and attach a separate budget narrative in the “Budget and Associated Documentation” section. The budget narrative provides a space for further elaboration on project activities detailed in the applicant’s responses to application questions. Deliverables and activities that 15 of 36
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are solely listed in the budget narrative and not described in the applicant's application questions (and vice versa) will be scored negatively during the initial review process. All items will be reviewed on a caseby-case basis and in the context of the allowable and unallowable costs list. The budget narrative should do the following:
• List all requested budget items necessary for completion of the proposed project • Match and describe every category of expense listed in the budget detail worksheet • Clearly explain the links between specific project activities and the requested budget item(s) needed to implement those activities
• Be mathematically sound and explain how the applicant estimated and calculated all costs • Be complete, cost effective, efficient, and allowable (e.g., reasonable, allocable, and necessary for project activities)
• Describe costs by year and cover the full project period In some circumstances, the budget and budget narrative will be reviewed separately from the applicant's proposal narrative. Therefore, it is very important that the budget narrative be as comprehensive as possible and describe in a narrative format each line item requested in the budget.
The budget narrative should not be used to explain deliverables or project activities that are not included in the applicant's proposal narrative.
Applicants should submit projects that are scalable where appropriate. Note that the COPS Office may reduce funding for selected projects based on the number of awards selected. The COPS Office may revise the proposed scope and modify the associated budget proposal accordingly.
The COPS Office provides a template for the budget narrative that can be used as a voluntary tool to assist your organization in developing this required document. You will be able to access the template (Microsoft Word document) on the How to Apply web page under the Notice of Funding Opportunity Resources section. (Please delete the template instructions before submitting.) The COPS Office strongly recommends that uploaded files be clearly named to indicate the applicant organization name and file contents to ensure that reviewers can easily locate application documents.
Recommended file formats are Adobe PDF, Microsoft Word, and Microsoft Excel. If an applicant submits multiple versions of the same document, the COPS Office will review only the most recent systemvalidated version submitted.
Other Budget Documentation
Noncompetitive Justification
Applicants should attach the noncompetitive justification or sole source justification as applicable.
Additional guidance can be found in the Sole Source Justification Fact Sheet. 16 of 36
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Indirect CostRate Agreement (ifapplicable)
If the budget includes indirect costs calculated using a current, federally approved indirect cost rate, applicants should attach the indirect cost rate agreement. Additional guidance can be found in the Indirect Cost Rate for COPS Office Awards Fact Sheet.
Consultant Rate
Applicants should attach the consultant rate justification as applicable. Additional guidance can be found in the Consultant/Contractor Rate Information for COPS Office Awards Fact Sheet.
The COPS Office strongly recommends that uploaded files be clearly named to indicate the applicant organization name and the file contents to ensure that reviewers can easily locate application documents. Recommended file formats are Adobe PDF, Microsoft Word, and Microsoft Excel.
Other Supporting Documentation
As applicable, applicants will attach the following additional application attachments in this section:
• Curricula Vitae or résumés
• Memoranda of Understanding (MOU)
• Letters of Support
• Project Timeline
The COPS Office strongly recommends that uploaded files be clearly named to indicate the applicant organization name and the file contents to ensure that reviewers can easily locate application documents. All other attachments—such as letters of support and résumés—should use descriptive file names identified on the attachment(s) such as “[Applicant].Resume.” Recommended file formats are PDF, Microsoft Word, and Microsoft Excel. The system may reject applications with other formats. If an applicant submits multiple versions of the same document, the COPS Office will review only the most recent system-validated version submitted.
Curricula Vitae or Resumes
As applicable, applicants will attach a Curriculum Vitae or resume for up to three key project staff detailing work experience and educational history and highlighting any experience that is relevant to their ability to successfully carry out assigned project activities.
Memoranda of Understanding (MOU)
For each named partner, include a signed Memorandum of Understanding (MOU) or a letter of intent that confirms the partner’s agreement to support the project through commitments of staff time, space, services, or other project needs.
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Each MOU should include the following:
• Names of the organizations involved in the agreement
• What service(s) and other work will be performed under the agreement by each organization • Duration of the agreement
Submit all MOUs together as one attachment to the application. Unsigned draft MOUs may be submitted with the application, but the applicant should describe in a cover page to the attachment why they are unsigned.
Letters of Support
In this section, applicants will attach letters of support from partners such as other law enforcement agencies, community organizations, government officials, or other stakeholders as applicable.
Each letter of support may include descriptions of the following:
• Relationship between the applicant and the supporting entity. • Need for and benefits that would be gained from the project. • Applicant’s capacity to complete the proposed projects.
Submit letters of support together as one attachment. The COPS Office strongly recommends that uploaded files be clearly named to indicate the applicant organization name and the file contents to ensure that reviewers can easily locate application documents. Recommended file formats are PDF, Microsoft Word, and Microsoft Excel.
Project Timeline
Applicants must attach a separate timeline of activities mapped to the goals and objectives of the proposed project. The timeline must list key activities and milestones and the months/quarters during which they will take place. The timeline attachment should be uploaded in the “Additional Application Components” section of the application.
If funding is awarded, the information provided in the timeline attachment will be used in performance reporting and recipients will have to provide updates on the goals, objectives, and deliverables mentioned in the timeline. The COPS Office encourages applicants to review and link their goals and objectives to the program goals and objectives listed in the Program Description section of this NOFO.
Performance reporting for this award occurs semiannually in March and August. Applicants are encouraged to create an efficient timeline with that aligns milestones and objectives with these performance reporting dates is encouraged.
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The COPS Office provides a template for the project timeline that can be used as a voluntary tool to assist your organization in developing this required document. You will be able to access the template (Microsoft Word document) on the How to Apply web page under the Notice of Funding Opportunity Resources section. (Please delete the template instructions before submitting.) Disclosures and Assurances
Lobbying Activities
JustGrants will prompt each applicant to indicate if it is required to complete and submit a lobbying disclosure under 31 U.S.C. § 1352.
The applicant is required by law to complete and submit a lobbying disclosure form (Standard Form/SFLLL) if it has paid or will pay any person to lobby in connection with the award for which it is applying AND this application is for an award in excess of $100,000. This disclosure requirement is not applicable to such payments by an Indian Tribe, Tribal organization, or any other Indian organization that are permitted by other federal law.
For this requirement, lobbying means influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress.1
1 See 31 U.S.C. 1352; 28 C.F.R. part 69.
Note: Most applicants do not engage in activities that trigger this disclosure requirement.
An applicant that is not required by law2 to complete and submit a lobbying disclosure should enter “No.”
2 Law referenced is 31 U.S.C. 1352.
By doing so, the applicant is affirmatively asserting (under applicable penalties) that it has nothing to disclose under 31 U.S.C. § 1352 with regard to the application for the award at issue.
U.S. Department of Justice (DOJ) Certified Standard Assurances Review and accept the DOJ Certified Standard Assurances in JustGrants. See the FY25 Resource Guide for Community Policing Advancement (CPA) Programs for additional information.
DOJ Certifications
Review the DOJ document Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Community Policing.
Sign the certification document. See theFY25 Resource Guide for Community Policing Advancement (CPA) Programs for more information.
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Standard Applicant Information
To begin the JustGrants application, applicants must first complete a web-based form in JustGrants which is pre-populated with the SF-424 data submitted in Grants.gov. Applicants are required to confirm the two Authorized Representatives (see following) and verify the legal name, address, and enter the ZIP code(s) for the areas affected by the project. For statewide or nationwide projects, the applicant should enter “State” or “National” in this field.
The Authorized Representatives are the officials who have ultimate and final responsibility for all programmatic and financial decisions regarding this COPS Office application as representatives of the legal recipient (e.g., your agency or organization).
Who should be assigned as Authorized Representatives?
For law enforcement agencies, COPS Office awards require that both the top law enforcement executive (e.g., chief of police, sheriff, or equivalent) and the top government executive (e.g., mayor, board chairman, or equivalent) sign the application, and (if awarded funding) accept the award package.
Both the top law enforcement executive and the top government executive must be assigned the role of Authorized Representative in JustGrants.
For non–law enforcement agencies, (institutions of higher education, school districts, private organizations, etc.), COPS Office awards require that both the programmatic official (e.g., executive director, chief executive officer, or equivalent) and financial official (e.g., chief financial officer, treasurer, or equivalent) sign the application, and (if awarded funding) accept the award package. These two officials must have the ultimate signatory authority to sign contracts on behalf of your organization.
Both the programmatic official and the financial official must be assigned the role of Authorized Representative in Just Grants. Please note that nonexecutive positions (e.g., clerks, trustees) are not acceptable Authorized Representatives.
Before applicants can complete this section, the two Authorized Representatives must have established accounts in JustGrants after the Grants.gov portion of the application was submitted. Please note: Users assigned as Authorized Representatives must log into the JustGrants system to activate their account.
Users will not be visible in JustGrants until they have successfully logged into JustGrants.
For further assistance with accessing JustGrants, please visit the JustGrants website. For further assistance with submitting an application in JustGrants, please visit the JustGrants Training web page.
Federal Civil Rights and Award Review
Please be advised that an application may not be funded and, if awarded, a hold may be placed on the award if it is deemed that the applicant is not in compliance with federal civil rights laws, is not cooperating with an ongoing federal civil rights investigation, or is not cooperating with a U.S.
Department of Justice award review or audit.
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How to Apply
The COPS Office highly recommends applicants work through the JustGrants DOJ Application Submission Checklist before submitting an application for review. This checklist details each step required to prepare a complete and accurate application submission.
Submission Dates and Time
Completed applications and all mandatory application components must be submitted in JustGrants June 30, 2025, by 4:59 p.m. Eastern Time. Please note that technical support will not be available after 5:00 p.m. ET.
To maintain the integrity of the competitive notice of funding opportunity process, the COPS Office can provide publicly available technical assistance regarding the mechanics of the application but cannot evaluate the merits of an application during the open notice of funding opportunity period.
For technical support with the Justice Grants System (JustGrants) application, please contact JustGrants Support at [email protected] or 833-872-5175. JustGrants Support operates Monday through Friday between the hours of 5:00 a.m. and 9:00 p.m. Eastern Time (ET) and Saturday, Sunday, and federal holidays from 9:00 a.m. to 5:00 p.m. ET. Training on JustGrants can also be found at https://justicegrants.usdoj.gov/training-resources.
Late Submissions
The COPS Office will review on a case-by-case basis requests for late submission due to unforeseen technical issues or extraordinary events such as extreme weather emergencies or mass casualty events. • Requests for an extension of the Grants.gov deadline must be received no later than June 24, 2025, at 4:59 p.m. ET.
• Requests for an extension of the JustGrants deadline must be received no later than June 30, 2025, at 4:59 p.m. ET.
No late submission requests will be considered after the extension requests deadline. Extension of deadlines is rare and is not guaranteed.
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To be considered for an extension, applicants must contact the COPS Office Response Center via email at [email protected] detailing the technical/extraordinary issues that impact application submission. This email must be submitted prior to the deadline for which the applicant is requesting an extension. The applicant’s email must include the following information:
• UEI number
• Organization name
• Point of contact name and information
• Application ID
• Nature of the issue/disaster and how it affected the applicant’s ability to submit the application on time
The email subject line should read “[Insert Program] Extraordinary Circumstances: [UEI number, Agency Name, Application ID]”, with your UEI number and organization name and details filled in. The COPS Office reserves the right to not consider late submission requests that do not include all of the required information listed above.
The COPS Office will respond to each applicant as soon as possible with either an approval and instructions for submission or a rejection. If the technical issues you reported cannot be validated, the application will be rejected.
The following conditions are not valid reasons to request an extension:
• Failure to begin the registration process in sufficient time • Failure to follow instructions on Grants.gov or JustGrants • Failure of the two assigned Authorized Representatives, with the proper authority, to activate accounts in JustGrants prior to application submission
• Failure to follow all the instructions in the notice of funding opportunity • Failure to register or update information on the SAM website • Failure to register or complete the SF-424 in grants.gov Late submissions may be considered for review at the discretion of the COPS Office on a case-by-case basis due to unforeseen technical issues or extraordinary events such as extreme weather emergencies or mass casualty events.
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Application Review Information
Review Process
The COPS Office is committed to ensuring a fair process for making awards. The COPS Office will review the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the notice of funding opportunity. Applications will undergo a standard review and selection process, which includes a review of basic minimum requirements, initial scoring of data based questions, review panel ratings, administrative compliance review, a COPS Office senior leadership review and recommendation panel, and the COPS Office Director’s selection. A description of each phase is provided in the following sections. Applicants are encouraged to review their own application prior to submission, with particular attention given to the Basic Minimum Requirements and each of the Review Criteria specified in the descriptions that follow.
Basic Minimum Requirements Review
Once the NOFO closes, COPS Office staff screen and evaluate applications for compliance with basic minimum requirements (BMR). Applications should be written with clarity, organization, and soundness in the proposed work, with all mandatory attachments.
BMR Review Criteria
Applications that are missing any of the following basic minimum requirements will be disqualified, without exception, and therefore not scored by review panels. • Did the applicant respond to all of the application questions? • Did the applicant provide a separate budget narrative that is 60 percent or more allowable? • Is the applicant eligible to submit an application under this NOFO: A state, local, tribal, or territorial law enforcement agency that has not received funding in fiscal years 2023 and 2024? • Is the proposed project within scope of the NOFO?
Initial Application Review
Applications will first be scored according to the following weighting methodology, using responses to application questions:
• Agency Demographics: 10 percent
• Agency Need: 8 percent
• Agency Mental Health Related Data Collection: 16 percent • Agency Current Efforts: 10 percent
• Agency Proposed LEMWHA Project: 46 percent
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Scores received from the initial review will determine which applications move forward to a comprehensive peer review.
Peer Review
A team of reviewers will evaluate applications that meet the eligibility basic minimum requirements and have moved on from the initial first round of scoring. The COPS Office may use internal reviewers, external reviewers, or a combination to assess applications on technical merit using the NOFO’s review criteria. An external reviewer is an expert in the subject matter of a given topic area who is not a current federal employee. An internal reviewer is a current federal employee who is well-versed or has expertise in the subject matter of the subcategory. Feedback is advisory only, although reviewer views are considered carefully. Reviewers will be asked to review applications based on the application subcategory and the NOFO’s stated purpose for the funding. Reviewers will also be asked to consider the subcategory-specific solicited goals, requirements, and deliverables described in the NOFO language.
Upon completion of their reviews, reviewers will recommend applications that should advance to the next round of review.
Review Criteria
Applications will be evaluated based on the following merit criteria, which the applicant addresses in their application, application questions, budget narrative, budget worksheets, and other attachments.
Applications that are not responsive to the NOFO or duplicative of past or ongoing federally funded work will be scored accordingly. Reviewers will be asked to evaluate applications according to the following criteria:
Program Focus [up to 10 points]
• Please describe the specific activities or services that your agency would implement or provide if awarded LEMHWA funding.
Program Impact [up to 25 points]
• Please describe your program deliverable(s), what specific outcomes your agency expects to accomplish with this funding, and how the project team will track or measure them. The information you collect should demonstrate the viability of the project and the need for continued funding (e.g., internal survey(s) of work-related stress, job satisfaction, etc.; community survey(s) of topics such as trust in or satisfaction with the agency; change in rates of use of force; number of people using services; or other–please describe). 24 of 36
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Program Implementation [up to 25 points]
• Please describe the overall management and implementation plan for the project. This should include the key team members from your agency and any community or stakeholder partnerships (community groups, private or public agencies) who will support this project.
Applicant must detail the capacity of the agency and partners who will carry out the proposed activities.
• Please describe how the agency will ensure appropriate confidentiality for participants and service recipients. Where applicable, please provide evidence that providers are appropriately licensed or certified and that clinicians are certified mental health providers. • Applicant should include résumés or vitae for key program staff and any contracted clinicians and/or mental health providers. Please note: A timeline of project deliverables, activities and who will complete the activities, and milestones will need to be uploaded in the “Additional Application Components” section.
Program Sustainability [up to 5 points]
• Please describe how your proposed LEMHWA program will be sustained once the award ends.
Timeline [Up to 10 points]
• Applicants must attach a separate timeline of activities mapped to the goals and objectives of the proposed project.
• The timeline must list key activities and milestones and the months/quarters during which they will take place. The timeline attachment should be uploaded in the “Additional Application Components” section of the application.
• Goals and objectives should be linked to the program goals and objectives listed in the Program Description section of this NOFO.
• Timeline milestones and objectives should be aligned to the COPS Office semi-annual performance reporting periods (March and August).
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Budget Narrative/Detail [up to 25 points]
• Provides a detailed budget narrative with costs that are allowable, appropriate, and reasonable relative to the level of effort and critical to the completion of the project • Provides a budget narrative that adequately justifies the budget and matches the feasibility and intent of the proposed project
• Provides a detailed budget that matches the tasks and deliverable(s) outlined in the application • Provides detailed breakdowns of each budget category and justification for total costs, such as per unit over time or reasonable estimate at time of application submission • Provides appropriate budget justification documentation, which may include a current indirect cost rate agreement, sole source justification, and consultant rate justification • Includes funding for attendance at a regional or national conference or explains that funding will come from elsewhere
Cooperation with Federal Immigration Officials
In addition to the criteria listed earlier, the COPS Office will provide priority consideration to state or local law enforcement applicants that respond affirmatively to the application question related to cooperation with federal immigration officials.
Any applicable priority consideration(s) is only one of many factors in making COPS Office funding decisions and does not guarantee an award.
Administrative Compliance Review
All advancing applications will undergo an administrative compliance review. Past financial and programmatic performance with U.S. Department of Justice (DOJ) award funding will be considered in this review process. Past performance may affect the overall rating and ranking of an application. Factors that may be included in the past performance review include the following:
• Applicant adherence to all special conditions in prior awards • Applicant compliance with programmatic and financial reporting requirements • Applicant completion of closeout for prior awards in a timely manner • Whether the applicant has received financial clearances in a timely manner • Applicant timely resolution of issues identified in an audit or monitoring review • Applicant adherence to single audit requirements
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Pursuant to 2 C.F.R. Part 200 (“Uniform Guidance”), before award decisions are made, the COPS Office also reviews information related to the degree of risk posed by applicants. Among other things to help assess whether an applicant with one or more prior federal awards has a satisfactory record with respect to performance, integrity, and business ethics, the COPS Office checks whether the applicant is listed in SAM as excluded from receiving a federal award.
The COPS Office must also review and consider any information about the applicant that appears in the nonpublic segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, “FAPIIS”). Applicants may review and comment on any information about their organization or agency in SAM that a federal awarding agency previously entered in the designated integrity and performance system, and such applicant comments will also be reviewed and considered.
The COPS Office may contact applicants regarding budget and financial questions as part of the review process. Contact is not indicative of an award decision. Based on risk findings, the COPS Office may remove an applicant from consideration or apply additional post-award conditions for oversight of the award should it be selected for funding.
Senior Leadership Review
Applications advancing from the initial review undergo a second review conducted by a separate team of federal employees. Evaluation at this stage includes administrative compliance review, alignment with Administration priorities, past performance, project scope, availability of funding, and budget costeffectiveness.
Director’s Selection
Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Director of the COPS Office, who may also give consideration to factors including prior funding history, current award balances, underserved populations, population served, geographic variety, strategic priorities, past performance, significant concerns regarding ability of the applicant to administer federal funds, and available funding when making awards.
Federal Award Notices
It is anticipated that awards will be announced on or after October 1, 2025. Any public announcements will be posted on the COPS Office website. All award decisions are final and not subject to appeal. 27 of 36
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Notice of award will be sent electronically from JustGrants to the Application Submitter, Authorized Representative, and Entity Administrator. Please note that this notice of award is NOT an authorization to begin performance. This award notification will include instructions on accessing the official award package in JustGrants, enrolling in Automated Standard Application for Payments (ASAP), and accepting the award. The notice of award will contain details about the award including start and end dates, funding amounts, and award conditions. Recipients will be required to log into JustGrants to review, sign, and accept the award package. Applicants not selected for award will receive notification after all award recipients have been notified.
To officially accept and begin your award, your organization must access your award package at https://justgrants.usdoj.gov/. Once you access your account, two Authorized Representatives will review and electronically sign the award document (including award terms and conditions and, if applicable, any special award conditions or high-risk conditions) within 45 days of the date shown on the award congratulatory letter, unless an extension is requested and granted.
The two assigned Authorized Representatives (Law Enforcement Executive / Programmatic Official and Government Executive / Financial Official), as described in the Application Contents and Format section, are required to sign the award package. If either or both Authorized Representatives change between application submission and award receipt, the Entity Administrator will need to update the Authorized Representative(s) in JustGrants.
Your organization will not be able to draw down award funds until the COPS Office receives your signed award document. For more information on accepting your award, please visit the JustGrants Training page for step-by-step instructions.
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The Award Package
The federal award package is the document indicating your official award funding amount, the award number, the award terms and conditions, and award start and end dates. The award start date indicated in the award package means that your organization may be reimbursed for any allowable costs incurred on or after this date. The duration of award is 24 months.
Your FY25 award number is in the following format: 15JCOPS-25-XX-XXXXX-XXXX. The COPS Office tracks award information using this number; therefore, it is important to have your award number readily available when corresponding with the COPS Office.
The award terms and conditions are listed in the award package. In limited circumstances, your award package may include additional award conditions or high-risk conditions that prevent your organization from drawing down or accessing award funds until the COPS Office determines that these conditions have been satisfied. Acceptance of the award is an acknowledgement that you are obtaining federal funds from the COPS Office. As part of that agreement, your organization acknowledges that it will comply with all applicable award terms and conditions, including any award or high-risk conditions.
Administrative and National Policy Requirements
In addition to implementing the funded project consistent with the approved project proposal and budget, the recipient must also comply with award terms, conditions, and other legal requirements including, but not limited to, Office of Management and Budget (OMB), U.S. Department of Justice (DOJ), or other federal regulations that will be included in the award or incorporated into the award by reference or applicability.
The COPS Office strongly encourages applicants to review applicable requirements and terms and conditions prior to submitting an application. Terms and conditions for COPS Office awards are available on the COPS Office website in the FY25 Resource Guide for Community Policing Advancement (CPA) Programs Terms and conditions are subject to change before the award is issued. The FY25 Resource Guide for Community Policing Advancement (CPA) Programs also contains additional requirements which apply to this application and award, including audit requirements, suspension, and termination requirements.
Terms, Conditions, and Award Requirements
Please review carefully the FY25 Resource Guide for Community Policing Advancement (CPA) Programs for a full description of each of the listed terms, conditions, and other requirements for this COPS Office program. By submitting your application, your organization assures the COPS Office that you agree to the terms, conditions, and requirements. If awarded funds, by accepting your COPS Office award, your organization agrees to comply with all terms, conditions, and other requirements in your award package and any additional special or high-risk conditions that may be imposed on your award. 29 of 36
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Administrative Actions and Legal Remedies
Related to Federal Awards
Please be advised that an application may not be funded or, if awarded, a hold may be placed on this application if it is deemed that the applicant is not in compliance with federal civil rights laws, is not cooperating with an ongoing federal civil rights investigation, or is not cooperating with a U.S.
Department of Justice award review or audit.
Misuse of COPS Office funds or failure to comply with all COPS Office award requirements may result in legal sanctions including suspension and termination of award funds, the repayment of expended funds, ineligibility to receive additional COPS Office funding, designation on the U.S. Department of Justice (DOJ) High Risk List, and other remedies available by law.
Under the False Claims Act, any credible evidence that a person has submitted a false claim or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving COPS Office funds may be referred to the Office of Inspector General (OIG). The OIG may be contacted at [email protected], https://oig.justice.gov/hotline/index.htm, or 800-869-4499.
Remedies for Noncompliance
Under 2 C.F.R. § 200.339, if the recipient fails to comply with award terms and conditions, the Federal awarding agency may impose additional conditions or take one or more of the following actions as appropriate in the circumstances:
• Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity.
• Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
• Wholly or partly suspend or terminate the Federal award. • Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or, in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency).
• Withhold further Federal awards for the project or program. • Take other remedies that may be legally available.
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Prior to imposing sanctions, the COPS Office will provide reasonable notice to the recipient of its intent to impose sanctions and will attempt to resolve the problem informally. Appeal procedures will follow those in the U.S. Department of Justice regulations in 28 C.F.R. Part 18. Awards terminated due to noncompliance with the federal statutes, regulations, or award terms and conditions will be reported to the integrity and performance system accessible through SAM (currently FAPIIS).
False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and any other remedy available by law.
Please be advised that recipients may not use COPS Office funding for the same item or service also funded by another U.S. Department of Justice award.
Federal Awarding Agency Contact(s)
For technical assistance with submitting the SF-424, please call the Grants.gov customer service hotline at 800-518-4726, send questions via email to [email protected],or consult the Grants.gov Organization Applicant User Guide. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays.
For technical support with the Justice Grants System (JustGrants) application, please contact JustGrants Support at [email protected] or 833-872-5175. JustGrants Support operates Monday through Friday between the hours of 5:00 a.m. and 9:00 p.m. Eastern Time (ET) and Saturday, Sunday, and federal holidays from 9:00 a.m. to 5:00 p.m. ET. Training on JustGrants can also be found at https://justicegrants.usdoj.gov/training-resources.
For programmatic assistance with the requirements of this program, please call the COPS Office Response Center at 800-421-6770 or send questions via email to [email protected]. The COPS Office Response Center operates Monday through Friday, 9:00 a.m. to 5:00 p.m. ET, except on federal holidays.
Freedom of Information Act and Privacy Act (5 U.S.C. §§ 552 and 552a) All applications submitted to the COPS Office (including all attachments to applications) are subject to the federal Freedom of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold information that is responsive to a request if DOJ determines that the responsive information is protected from disclosure under the Privacy Act or falls within the scope of one or more of the nine statutory exemptions under FOIA. DOJ cannot agree not to release some or all portions of an application/award file in advance of a request pursuant to the FOIA. 31 of 36
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In its review of records that are responsive to a FOIA request, the COPS Office will withhold information in those records that plainly falls within the scope of the Privacy Act or one of the statutory exemptions under FOIA. Some examples include certain types of information in budgets and names and contact information for project staff other than certain key personnel. In appropriate circumstances, the COPS Office will request the views of the applicant/recipient that submitted a responsive document.
Feedback to the COPS Office
The COPS Office welcomes applicant feedback on this notice of funding opportunity, the application submission process, and the application review process. Provide feedback via email to [email protected] (Subject line: “FY25 LEMHWA Program”).
Important: This email is for feedback and suggestions only. Replies are not sent from this mailbox. If you have specific questions on any program or technical aspect of the notice of funding opportunity, you must contact the COPS Office Response Center at [email protected].
COPS Office Other Information
Reporting, monitoring, and evaluation requirements
Reporting
If awarded funds, your organization will be required to submit quarterly Standard Form 425 (SF-425) and Federal Financial Reports (FFR) and semiannual Programmatic Performance Reports (see the FY25 Resource Guide for Community Policing Advancement (CPA) Programs for details on performance reporting). Recipients should be prepared to track and report program award funding separately from other funding sources (including other COPS Office federal awards) to ensure accurate financial and programmatic reporting on a timely basis.
Recipients should ensure that they have financial internal controls in place to monitor the use of program funding and ensure that its use is consistent with the award terms and conditions. Good stewardship in this area includes written accounting practices, use of an accounting system that tracks all award drawdowns and expenditures, and the ability to track when award-funded positions are filled or approved purchases are made.
Failure to submit complete reports or submit reports in a timely manner will result in the suspension and possible termination of a recipient’s COPS Office award funding or other remedial actions (see the Post Award Requirements & Award Administration section for details). 32 of 36
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Monitoring
Federal law requires that agencies receiving federal funding from the COPS Office be monitored to ensure compliance with their award conditions and other applicable statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice.
In addition to required performance and financial reporting, awarded organizations will be responsible for the timely submission of a final Closeout Report and any other required final reports. All COPS Office recipients will be required to participate in such award monitoring activities of any part of the U.S.
Department of Justice, including but not limited to the COPS Office, the Office of the Inspector General, or any entity designated by the COPS Office.
Please note that the COPS Office may take a number of monitoring approaches, such as site visits, enhanced office-based award reviews, alleged noncompliance reviews, and periodic surveys to gather information and ensure compliance. The COPS Office may seek information including, but not limited to, your organizational compliance with non-supplanting programmatic, and financial requirements of the award, and your progress toward achieving your community policing strategy.
The COPS Office is particularly interested in confirming that the purchase of items and/or services is consistent with the applicant’s approved award budget.
If awarded funds, you agree to cooperate with and respond to any requests for information pertaining to your award in preparation for any of the above-referenced award monitoring activities. Please feel free to contact your COPS Office Grant Manager to discuss any questions or concerns you may have regarding the monitoring, reporting, and evaluation requirements.
Program Evaluation
Though a formal assessment is not a requirement, awarded organizations are strongly encouraged to conduct an independent assessment of their respective award-funded projects. Project evaluations have proven to be valuable tools in helping organizations identify areas in need of improvement, providing data about successful processes, and reducing vulnerabilities.
Selected award recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Attorney General. Such evaluations may include assessments of individual program implementations. In select jurisdictions that can support outcome evaluations, measurement of the effectiveness of funded programs, projects, and activities may be required.
Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.
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Financial Management and System of Internal
Controls
Award recipients and subrecipients must, as set out in the Uniform Guidance at 2 C.F.R. § 200.303, do the following:
• Establish, document, and maintain effective internal control over the federal award that provides reasonable assurance that the recipient or subrecipient is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award. These internal controls should align with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
• Comply with the U.S. Constitution, federal statutes, regulations, and the terms and conditions of the federal award.
• Evaluate and monitor the recipient’s or subrecipient’s compliance with statutes, regulations, and the terms and conditions of federal awards.
• Take prompt action when instances of noncompliance are identified. • Take reasonable cybersecurity and other measures to safeguard protected personally identifiable information (PII) and other information. This also includes information the the federal awarding agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable federal, state, local, and tribal laws regarding privacy and responsibility over confidentiality.
Audit Requirement
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200, Subpart F – Audit Requirements, available at https://www.ecfr.gov/current/title2/subtitle-A/chapter-II/part-200/subpart-F, establish the requirements for organizational audits that apply to COPS Office award recipients. Recipients must arrange for the required organization-wide (not award-by-award) audit in accordance with the requirements of Subpart F.
Civil Rights
All recipients are required to comply with nondiscrimination requirements contained in various federal laws. A memorandum addressing federal civil rights statutes and regulations from the Office for Civil Rights, Office of Justice Programs will be included in the award package for award recipients. All applicants should consult the Assurances form to understand the applicable legal and administrative requirements.
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Funding to Faith-Based Organizations
Faith-based organizations may apply for this award on the same basis as any other organization, as set forth at, and subject to the protections and requirements of, this part and any applicable constitutional and statutory requirements, including 42 U.S.C. 2000bb et seq. The Department of Justice will not, in the selection of recipients, discriminate for or against an organization on the basis of the organization's religious character, motives, or affiliation, or lack thereof, or on the basis of conduct that would not be considered grounds to favor or disfavor a similarly situated secular organization.
A faith-based organization that participates in this program will retain its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
An organization may not use direct Federal financial assistance from the Department of Justice to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice.
For additional guidance, please visit Civil Rights | Partnerships with Faith-Based and Other Neighborhood Organizations | Office of Justice Programs (ojp.gov).
Section 508 of the Rehabilitation Act
If you are an applicant using assistive technology and you encounter difficulty when applying, please contact the COPS Office Response Center at [email protected]. The department is committed to ensuring equal access to all applicants and will assist any applicant who may experience difficulties with assistive technology when applying for awards using the JustGrants System.
You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103-0098, and the expiration date is May 30, 2025.
Public Reporting Burden: Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to 11.3 hours per response, depending upon the COPS Office program being applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented 35 of 36
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Policing Services, U.S. Department of Justice, 145 N Street NE, Washington, DC 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. For any questions or comments, please contact Donald Lango, COPS Office Paperwork Reduction Act Program Manager, at [email protected].
Performance Measures
To assist in fulfilling the U.S. Department of Justice’s responsibilities under the Government Performance and Results Act Modernization Act (GPRA Modernization Act) of 2010, P.L. 111–352), recipients who receive funding from the Federal Government must measure the results of the work that funding supports. This act specifically requires the COPS Office and other federal agencies to set program goals, measure performance against those goals, and publicly report progress in the form of funding spent, resources used, activities performed, services delivered, and results achieved.
Performance measures for this program will include the following:
• Extent to which COPS Office award funding (e.g., for officers, equipment, training, technical assistance) has increased your agency’s community policing capacity • Extent to which COPS Office knowledge resources (e.g., publications, podcasts, training) have increased your agency’s community policing capacity
The objective of these performance measures is to increase the capacity of law enforcement agencies to implement community policing strategies that strengthen partnerships for safer communities and enhance law enforcement’s capacity to prevent, solve, and control crime through funding for personnel, technology, equipment, and training.
Recipients will rate the effectiveness of the COPS Office funding in increasing its community policing capacity. Data will be collected on a periodic basis through performance reports.
COPS Office awards target increasing recipient capacity to implement community policing strategies within the three primary elements of community policing: (1) problem solving, (2) partnerships, and (3) organizational transformation. The COPS Office requires all applicants to describe how the personnel, technology, equipment, supplies, travel, or training requested will assist the applicant in implementing community policing strategies.
The performance measures for this program can be found at Compliance and Reporting | COPS OFFICE.
As part of the programmatic performance reports, all recipients will be required to report on their progress toward implementing community policing strategies. Based on the data collected from recipients, the COPS Office may make improvements to the program to better meet the program’s objective and law enforcement agency needs.
Application Checklist
Please refer to the JustGrants DOJ Application Submission Checklist. 36 of 36
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0290 Agenda Date: 7/21/2025 Agenda #: 21.
Agenda Item Wording:
Authorization to Accept the CHP Cannabis Tax Fund Grant - Authorize the Visalia Police Department to accept the California Highway Patrol Cannabis Tax Fund Grant Program, appropriate $95,062.25 and approve Resolution No. 2025-59.
Prepared by:
Police Chief Jason Salazar, 559-713-4215, [email protected]; Police Lieutenant Celeste Sanchez, 559-4573, [email protected]; Police Sergeant Henry Martinez, 559-713-4232, [email protected]; Financial Analyst Liz Ybarra, 559-713-4250, [email protected] Department Recommendation:
Authorize the Visalia Police Department to accept the California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP), appropriate $95,062.25 and approve Resolution 2025-29.The Grant is effective for Fiscal Year 2025/26, July 1, 2025, through June 30, 2026.
Summary:
The Cannabis Tax Fund Grant Program (CTFGP) provides funding to support and enhance ongoing enforcement efforts targeting alcohol and drug impaired driving. Although this Grant is funded through the Adult Use Marijuana Act (AUMA), it is not limited to marijuana related offenses and provides funding for Driving Under the Influence (DUI) enforcement and training.
For Fiscal Year 2025-26, the Visalia Police Department was awarded $95,062.25. These funds will be used to support overtime staffing for 15 DUI Saturation Patrols and to backfill officer vacancies when personnel attend essential DUI enforcement trainings such as Standardized Field Sobriety Test (SFST) and Advanced Roadside Impairment Detection and Enforcement (ARIDE) courses.
This Grant also allows the Department’s DUI operations to expand beyond the scope of the Selective Traffic Enforcement Program (STEP) Grant that was awarded in September 2024. This will allow for additional DUI enforcement operations and training opportunities, complementing and expanding upon the resources already secured through the STEP Grant.
Background Discussion:
The CHP Grant provides financial assistance to agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and drugs. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the agency’s effectiveness through training and development of new strategies. Public education strategies include social media posts and press releases relating to the dangers of impaired driving and upcoming Department DUI enforcement operations. Education efforts will also include presentations at local schools and community events to inform future drivers of the dangers and consequences of driving under the influence of alcohol and drugs.
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File #: 25-0290 Agenda Date: 7/21/2025 Agenda #: 21.
Funding for the Grant passed Proposition 64 in 2016, The Control, Regulate and Tax Adult Use Marijuana Act (AUMU); pursuant to Section 34019(f)(3)(B) Revenue and Taxation Code. The CHP adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2 by adding Chapter 13 which governs this Grant.
Fiscal Impact:
The entire CHP Cannabis Tax Fund Grant amount of $95,062.25 will be used for overtime and 7.5% for benefits. The police overtime budget will be adjusted as necessary, and the Grant Agreement will be executed upon approval by the City of Visalia Council.
Prior Council Action: Authorized to Apply.
Other: N/A
Alternatives: Not accept the Grant.
Recommended Motion (and Alternative Motions if expected):
Authorize the Visalia Police Department to accept the California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) and appropriate $95,062.25 and approve Resolution No. 2025-29.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Award Letter; State of CA Grant Agreement and itemized budget, and Resolution.
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RESOLUTION NO. 2025-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA
AUTHORIZING THE VISALIA POLICE DEPARTMENT
TO USE CALIFORNIA HIGHWAY PATROL
CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AS RESOLVED BELOW WHEREAS, The City of Visalia desires to accept the Cannabis Tax Fund Grant Program from the California Highway Patrol in the amount of $95,062.25. The Visalia Police Department will utilize the funds to reduce and mitigate the impacts of impaired driving in the community. The Grant is effective July 1, 2025 to June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED that the Chief of Police for the City of Visalia is authorized to execute on behalf of the Council of the City of Visalia the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.
IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California disclaims responsibility for any such liability.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
PASSED AND ADOPTED: JULY 21, 2025, LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-59 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2024 Dated: July 21, 2024 Leslie Caviglia, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0293 Agenda Date: 7/21/2025 Agenda #: 22.
Agenda Item Wording:
Civic Center Phase 2 Utility Payments to California Water Service - Authorize payment of $304,499 to California Water Service for installation of new water lines and fire hydrants and authorize the City Manager to approve the Civic Center water service agreements as required and provided by California Water Service.
Prepared by:
Mike Porter, Civil Engineer, [email protected], (559) 713-4412 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation: Authorize payment of $304,499 to California Water Service for installation of new water services, main connections and fire hydrants and authorize the City Manager to approve any future Civic Center water service agreements as required and provided by California Water Service.
Summary:
Extension of California Water Service (Cal Water) water lines is required to provide service to Phase 2 of the Civic Center Project. The City has opted to perform a large portion of the work utilizing the project general contractor, Seals Construction. However, Cal Water still requires a portion of the work to be performed by them (see Cal Water Request for Payment, attached). The scope of work to be performed by Cal Water includes all connections to their existing water mains, all new irrigation and domestic service piping on Burke from the existing water main to the property line, connection to existing water main in School St, connection of new main in Goshen Ave. to the existing main, and all new fire hydrants on Burke Street. The scope of work to be completed by Seals construction consists of installing the new water main in Goshen Avenue, the new water main to be installed within the site that interconnects the main in Burke and the new main in Goshen, all new service piping in Goshen, and all new fire hydrants on Goshen Avenue.
Background Discussion:
Construction for Phase 2 of the Civic Center project is set to begin in July 2025. Utility services, including water lines and fire hydrants must be extended to serve the project. Cal Water has provided the City with two options for installation of the water infrastructure required to serve the Civic Center.
Option 1 includes Cal Water performing all of the required work at a cost of $831,915.80. Option 2 would allow Seals Construction to perform a portion of the work, and Cal water to perform the remaining work. The cost of Option 2 is $309,499. Seals construction currently has included $120,000 in their budget for performing work required by Cal Water. This effectively means the cost of the City electing to utilize Seals to perform a portion of the work is $309,499.00 + $120,000.00 = $429,499.00. This cost is compared to $831,915.80 represents a potential savings to the project of $402,416.80. Staff will return with a budget update later in the project as more of the utility work is Visalia City Council Page 1 of 4 Printed on 7/18/2025
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File #: 25-0293 Agenda Date: 7/21/2025 Agenda #: 22.
completed and the actual costs are known.
Fiscal Impact: See table below for summary of current Civic Center Phase 2 budget. Council authorized the City Manager to award a construction contract to Seals Construction and approved an additional budget allocation of $87.8 M at the May, 5 2025 Council Meeting. There was $2.25 million budgeted for various utility company work and fees in the original project estimate.
Civic Center Phase 2 (CIP 3720-72000/CP0374-999)
Budget Summary:
Fund 003 - Civic Center Reserve Total Budget $ 99,341,300.00 Land Purchase (gov Buildings only) $ 3,391,300.00
Darden A/E contract amount (actual) $ 4,667,591.86
Griffin CM contract amount (actual) $ 1,520,000.00
City of Visalia Permits and Plan Checking Fees $ 1,142,000.00 Staff Project Management + misc. expenses (est.) $ 500,000.00 Testing & Inspections (est.) $ 1,600,000.00
Bedrock - surveying services $ 50,000.00
FF&E (est.) $ 4,920,000.00
A/V & Technology (est.) $ 2,880,000.00
Cal Water Payment Request $ 304,499.00
SCE Payment Request $ 391,843.49
Remaining Utilities (est.) $ 1,553,657.51
Construction contract amount $ 72,780,000.00
Construction contingency (5%) $ 3,639,000.00
Total Estimate (current) $ 99,339,891.86
Remaining CIP Budget $ $1,408.14
Prior Council Action: Click or tap here to enter text.
May 5, 2005 - Council authorized City Manager to execute an agreement with Seals Construction for Phase 2 of the Civic Center, and requested an additional budget appropriation of $87.8 M.
October 21, 2024 - Council adopted Resolution No. 2024-62 for the formation of Underground Utility District along Goshen Avenue.
June 17, 2024 - Council received an update on the project and authorized staff to begin the Request for Qualification process and authorized increasing the retention amount to 10%.
October 16, 2023 - Council received a presentation, approved a contract amendment for Darden Architects, and authorized an appropriation from the Civic Center Reserve Fund.
October 2, 2023 - Council received a presentation and selected several outdoor amenities alternatives. Staff advised will return at a later date for approval of a consultant contract amendment.
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File #: 25-0293 Agenda Date: 7/21/2025 Agenda #: 22.
June 19, 2023 - Council received a presentation on the Civic Center landscape options and directed staff to return with clarifications and alternatives.
May 1, 2023 - Council received an update and presentation on Phase 2 of the Civic Center and approved staff moving forward with completion of the schematic design phase of the project.
February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.
November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.
October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.
April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects
June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.
March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.
November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.
August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.
August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.
March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.
Other: N/A
Alternatives: None recommended
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File #: 25-0293 Agenda Date: 7/21/2025 Agenda #: 22.
Recommended Motion (and Alternative Motions if expected):
I move to authorize payment of $304,499.00 to California Water Service for installation of new water lines and fire hydrants and authorize the City Manager to approve the Civic Center water service agreements when required and provided by California Water Service.
Environmental Assessment Status: Program Environmental Impact Report SCH No. 2010041078.
CEQA Review: Initial Study No. 2024-44
Deadline for Action: 7/21/2025
Attachments:
Vicinity Map
Cal Water Payment Request
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calwater.com
June 6, 2025
Subject: Civic Center 2
City of Visalia
315 E. Burke St
Visalia CA 93291
To whom it may concern,
Our Engineering Department has estimated the cost of the subject project to be $834,158.00. See the attached detailed cost estimate on Form 1290 B. This estimate is based upon current costs and materials obtained through regular sources. The installation of water facilities will be after storm drains and sanitary sewers, but before other utilities or improvements such as street paving, sidewalks, driveways, etc.
I. If you choose California Water Service to complete this installation:
Remit payment of $826,9158.00, deposit of $5000.00 has been deducted from the total. See the attached detailed cost estimate 1290 B.
Proof of Public Utilities Easement (PUE). California Water Service Company will require proof of PUE (recorded tract map) or a 20 ft. water easement for proposed water facilities. o If the recorded tract map cannot be provided, California Water Service will require an easement description and a plat map. This easement will be returned to the property owner upon a written request once California Water Service receives the recorded tract map.
Agreement—To prepare an Agreement, please complete the attached form and return it to California Water Service. The Agreement must be prepared, signed, and returned before the start of construction. See the attached Rule 15 for details. Complete and return the attached “Landowner Permission Letter for California Water Service Discharge”.
We will schedule work crews as soon as we receive the above items and your engineer stakes the location and approves it with California Water Service. 522
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II.
If you elect to hire your own qualified CWS-approved contractor:
Remit payment of $ 304,499.00. Your deposit of $5000.00 has been deducted from the total. See the attached Detailed Cost Estimate for details. o If you would like to pay for plans and specifications only, please remit payment of $58,484.00. The remaining balance of $246,016.00 will be due before construction can begin, and an agreement must be prepared (which is required before the tie-in of your development to the California Water system).
Proof of PUE. California Water Service Company will require proof of PUE (recorded tract map) or a 20 ft. water easement for proposed water facilities. o If the recorded tract map cannot be provided, Cal Water will require an easement description and a plat map. This easement will be returned to the property owner upon written request once California Water Service receives the recorded tract map.
Agreement—To prepare an Agreement, please complete the attached form and return it to Cal Water. The Agreement must be prepared, signed, and returned before the tie-in.
See the attached Rule 15 for details.
Complete and return the attached “Landowner’s Permission Letter for Cal Water Discharge”. Installing contractor—Provide the installing contractor’s name, insurance, and license information. See the attached Form 1518 for details. o An on-site meeting with Cal Water and the contractor is required before starting work.
o Contractors must provide all materials (onsite), and California Water Service must inspect materials before installation.
o Contractor to excavate the area and install new facilities. o Contractor will backfill the area upon completion of the tie-in. California Water Service will abandon any existing facilities, if necessary. Cal Water will perform the tie-in(s) to existing facilities.
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When the water system is completed, provide your cost Statement for only the California Water Service facilities cost. A blank “Developer’s Cost Statement” is provided. You will be refunded the difference if the actual cost is less than the amount deposited. You will be invoiced for the difference if the cost exceeds the amount deposited.
o Please note that the “Developer’s Cost Statement” must be provided to California Water Service within 60 days of the completion of your project’s water facilities, to avoid significant accounting delays. If we do not receive your statement as instructed, we will proceed with closing your project to 90% of Cal Water’s estimated installation cost.
All services requiring backflow devices per Rule 16 will be installed directly behind our meters. Attached are “Backflow Prevention Assembly Test Reports.” Please complete the forms and return them to our office after the initial testing. The devices must be tested upon installation and annually thereafter. If you have any questions regarding backflow, please contact our Cross Connection Control Specialist, Juan Cisneros, at [email protected] or 559-618-0936.
This estimate is submitted as preliminary information only. The figures and information contained herein are subject to the execution of an agreement within 60 days of this date.
If your project requires a utility conflict variance, project design plans are provided with the understanding they are pending variance approval from the State Water Resources Control Board, Division of Drinking Water (DDW). You will be notified once the approval is granted. 524
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If you wish to proceed with this development, or have any questions concerning construction or the installation, please call me at 559-624-1629
Sincerely,
Allison Schackmann
Allison Schackmann
Superintendent
Enclosures:
W-9’s
Easement Quitclaim Application
Form 1290B Cost Statement
Form 1291
Form 1518, Insurance example
P.U.E Rule 15 & 16
Backflow information
Landowners' Permission to Discharge
Developer Cost Statement
CC: Cris Rosete, Manager of Engineering Distribution
WO:00136678
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0297 Agenda Date: 7/21/2025 Agenda #: 23.
Agenda Item Wording:
Civic Center Phase 2 Utility Payments with Southern California Edison - Authorize payment of $391,843.42 to Southern California Edison for installation of new electrical service and equipment and authorize the City Manager to approve the Civic Center electrical service agreements as provided and required by Southern California Edison.
Prepared by:
Mike Porter, Civil Engineer, [email protected], (559) 713-4412 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation: Authorize payment of $391,843.42 to Southern California Edison (SCE) for installation of new electrical service and equipment and authorize the City Manager to approve the Civic Center electrical service agreements as provided and required by Southern California Edison.
Summary:
Extension of Southern California Edison electrical service is required to provide service to Phase 2 of the Civic Center Project. The SCE payment request is split into two invoices (see SCE Invoice 1 and Invoice 2, attached). Invoice 1, in the amount of $282.72 includes the cost for new on-site meter and service, Invoice 2 in the amount of $391,560.77 includes the cost for materials and labor to extend and install the remaining project related electrical infrastructure. There was approximately $2.2 million budgeted for various utility company work and fees in the project estimate.
Background Discussion:
Construction for Phase 2 of the Civic Center project is set to begin in July 2025. Utility services, including electrical services, must be extended to serve the project. SCE will submit invoices for the work performed subsequent to issuing a new Purchase Order for the above mentioned scope of work. The City will be requesting new SCE service to the Civic Center buildings prior to occupancy.
Fiscal Impact: SCE payment request in the amount of $391,843.42. See table below for summary of current Civic Center Phase 2 budget. Council authorized the City Manager to award a construction contract to Seals Construction and approved an additional budget allocation of $87.8 M at the May, 5 2025 Council Meeting.
Civic Center Phase 2 (CIP 3720-72000/CP0374-
999)
Budget Summary:
Fund 003 - Civic Center Reserve Total Budget $ 99,341,300.00 Land Purchase (gov Buildings only) $ 3,391,300.00
Darden A/E contract amount (actual) $ 4,667,591.86
Griffin CM contract amount (actual) $ 1,520,000.00
City of Visalia Permits and Plan Checking Fees $ 1,142,000.00 Staff Project Management + misc. expenses
(t)
$ 500,000.00
Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0297 Agenda Date: 7/21/2025 Agenda #: 23.
Civic Center Phase 2 (CIP 3720-72000/CP0374-
999)
Budget Summary:
Fund 003 - Civic Center Reserve Total Budget $ 99,341,300.00 Land Purchase (gov Buildings only) $ 3,391,300.00
Darden A/E contract amount (actual) $ 4,667,591.86
Griffin CM contract amount (actual) $ 1,520,000.00
City of Visalia Permits and Plan Checking Fees $ 1,142,000.00 Staff Project Management + misc. expenses
(est.)
$ 500,000.00
Testing & Inspections (est.) $ 1,600,000.00
Bedrock - surveying services $ 50,000.00
FF&E (est.) $ 4,920,000.00
A/V & Technology (est.) $ 2,880,000.00
Cal Water Payment Request $ 304,499.00
SCE Payment Request $ 391,843.49
Remaining Utilities (est.) $ 1,553,657.51
Construction contract amount $ 72,780,000.00
Construction contingency (5%) $ 3,639,000.00
Total Estimate (current) $ 99,339,891.86
Remaining CIP Budget $ $1,408.14
Prior Council Action :
May 5, 2005 - Council authorized City Manager to execute an agreement with Seals Construction for Phase 2 of the Civic Center, and requested an additional budget appropriation of $87.8 M.
October 21, 2024 - Council adopted Resolution No. 2024-62 for the formation of Underground Utility District along Goshen Avenue.
June 17, 2024 - Council received an update on the project and authorized staff to begin the Request for Qualification process and authorized increasing the retention amount to 10%.
October 16, 2023 - Council received a presentation, approved a contract amendment for Darden Architects, and authorized an appropriation from the Civic Center Reserve Fund.
October 2, 2023 - Council received a presentation and selected several outdoor amenities alternatives. Staff advised will return at a later date for approval of a consultant contract amendment.
June 19, 2023 - Council received a presentation on the Civic Center landscape options and directed staff to return with clarifications and alternatives.
May 1, 2023 - Council received an update and presentation on Phase 2 of the Civic Center and approved staff moving forward with completion of the schematic design phase of the project.
February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.
Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0297 Agenda Date: 7/21/2025 Agenda #: 23.
November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.
October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.
April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.
March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.
November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.
August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.
August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.
March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.
Other: N/A
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize payment of $391,843.42 to Southern California Edison for installation of new electrical service and equipment and authorize the City Manager to approve the Civic Center electrical service agreements as provided and required by Southern California Edison.
Environmental Assessment Status: Program Environmental Impact Report SCH No. 2010041078.
CEQA Review: Initial Study No. 2024-44
Deadline for Action: 7/21/2025
Attachments:
Vicinity Map
SCE Invoice 1
SCE Invoice 2
Visalia City Council Page 3 of 3 Printed on 7/18/2025
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Southern California Edison Company
Invoice Date:
SCE Contact:
Telephone:
Install - Billing Option:
Invoice Term:
Customer Name:
Customer Email:
District Address:
90 Days
VISALIA, CITY OF
[email protected]
05/19/2025
707 W ACEQUIA AVE Jennifer Annd Brumley
VISALIA CA 93291
2425 SOUTH BLACKSTONE AVENUE TULARE CA 93274
Document # 7590631742
OTHER: This amount represents the total SCE other costs required to complete the work request. In most cases, this other amount will consist of all additional requirements needed for completing the work request. This other amount typically consists of items such as Added Facilities one time charges, contractor work, rights check, and permits.
MATERIAL: This amount represents the total SCE material required to complete the work request. In most cases, this material amount will consist of construction material and any additional material required for completing the work request. The construction material will typically consist of installation and service material such as transformers, cable, conductor, poles, meters, riser, switches, fusing equipment, handholes, and cross-arms. All applicable material related overheads are also included TOTAL TAX:
Description Amount
Service Request Number 3866647
Project Description TD2353600 ADDED FACILITIES; RELATED NEW M&S TD2361831
$58,690.46
$254,170.48
$3,408.80
$316,269.74
$316,269.74
TAX: $0.00
$75,291.03
24.00%
$0.00
24.00%
$75,291.03
COMMENTS:
DEPOSITS:
TOTAL DEPOSITS:
$0.00
$0.00
$0.00
$0.00
$ 391,560.77
NET CONSTRUCTION BILLING / RELOCATION ADVANCE:
TOTAL PROJECT INVOICE AMOUNT:
* Enclosed are two copies of your invoice. Please return one copy of the invoice with your payment to Accounts Receivable in the enclosed return-addressed envelope. The other copy of the invoice is for your records. * ALL PRICES ARE APPLICABLE FOR A PERIOD OF 90 DAYS FROM THIS DATE AND ARE SUBJECT TO CHANGE THEREAFTER.
* All payments must be delivered by mail, an alternate postal method, or one of our electronic payment options. Walk-in payments are no longer accepted at any SCE location, including Accounts Receivable. * Please complete all applications and/or contracts and return to your planning office, using the enclosed return-addressed envelope.
* Easement documents will be mailed directly to you from our Right of Way department. Please complete and return them as soon as possible, as we will not be able to proceed with the project without clearance .
TOTAL CREDITS:
LABOR: This amount represents the total SCE labor required to complete the work request. In most cases, this labor amount will consist of construction labor and any additional labor required for completing the work request. The construction labor amount will typically consist of installation and service labor required for the work request. The additional labor amount will typically consist of labor for inspection, cable and equipment make-up, dead ending, traffic control, grounding, supervision, and switching. All applicable labor related overheads for items such as the design, engineering, and project management are also included in the total SCE labor amount.
This amount represents the total SCE credits required to complete the work request. In most cases, this credit amount will consist of: Salvage Credit Depreciation Credit JPA Credit Overhead Equivalent Credit
1. ITCC on Applicant Furnished Tax Base (Taxable Amount):
Tax Rate:
Tax Amount:
2. ITCC on Net Construction (Less Non Taxable Amount) Tax Base (Taxable Amount):
Tax Rate:
Tax Amount:
Preliminary Design & Engineering Advance
Previous Payment
$0.00
TOTAL LABOR, MATERIAL, OTHER:
$313,712.64
CREDITS:
Design #:
Product #: 2353600 - ADDED FACILITIES
1801068 Design Description
Project Location: BURKE ST & GOSHEN AVE XSTRT VISALIA CA 93277 Invoice # 584258
530
Southern California Edison Company
Invoice Date:
SCE Contact:
Telephone:
Install - Billing Option:
Invoice Term:
Customer Name:
Customer Email:
District Address:
90 Days
VISALIA, CITY OF
[email protected]
05/19/2025
707 W ACEQUIA AVE Jennifer Annd Brumley
VISALIA CA 93291
2425 SOUTH BLACKSTONE AVENUE TULARE CA 93274
Document # 7590631742
* Call the Edison company at 1-800-655-4555 to make application for electrical service. * An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection.
* Final electrical inspection from the local governmental building and safety department must be received before we can energize your service.
* By paying this invoice, customer acknowledges and agrees that if this project is canceled by customer for any reason or customer does not proceed with the project completion.
* Any expense incurred by SCE, including, but not limited to, expenses related to engineering, inspection and construction, prior to the project cancellation or completion will be deducted from any applicable refund due to the customer. * To ensure worker and public safety, please maintain the appropriate clearance distance from utility infrastructure during your construction project to avoid encroachments that may result in serious injury or damage. * If relocation of existing utility infrastructure is pending, please adjust your work around the proposed relocation schedule as appropriate. If you have any questions, please contact the designated SCE representative assigned to your project. .
COMMENTS CONTINUED:
ADDITIONAL PAYMENT INSTRUCTIONS:
If paying by check, please follow instructions on payment stub JP Morgan Chase Bank
New York, NY
ABA#: 021000021 - Acct#: 323-394434
SCE Taxpayer ID No. 95-1240335
Document #: 7590631742
SCE Contact:
*** Failure to properly identify your document number and SCE contact may delay the application of funds and initiation of your project Instructions for wire or ACH payments:
Special Instructions for overnight delivery methods: Southern California Edison Attn: Accounts Receivable
8631 Rush Street G-53
Rosemead, CA 91770
Jennifer Annd Brumley
707 W ACEQUIA AVE
VISALIA CA 93291
Make check payable to Southern California Edison
Thank you for paying promptly
Payment
Stub
Please pay total amount now due:
Please detach and return payment stub with payment
VISALIA, CITY OF
$391,560.77
ATTN: Accounts Receivable
PO Box 800
Rosemead, CA 91771-001
Document # 7590631742
531
Description Amount
Service Request Number: 3866647 Project:
TD2353600 ADDED FACILITIES; RELATED NEW M&S
TD2361831
BURKE ST & GOSHEN AVE XSTRT VISALIA CA 93277
Install - Billing Option: SCE INSTALL -
707 W ACEQUIA AVE
VISALIA CA 93291
Telephone:
VISALIA, CITY OF
SCE Contact: Jennifer Annd Brumley
Invoice Date: 05/19/2025
2425 SOUTH BLACKSTONE AVENUE
TULARE CA 93274
Southern California Edison Company
Document # 7590631743
Invoice # 584257
Item # 618415
Design #: 1801068
2361831 - NEW METER & SERVICE
Product: $282.72
Previous Payment $0.00
* Effective January 1, 2025 all projects containing Mixed Fuel will be billed as an estimate and then trued up to actual cost once construction is completed.
* Enclosed are two copies of your invoice. Please return one copy of the invoice with your payment to Accounts Receivable in the enclosed return-addressed envelope. The other copy of the invoice is for your records. * ALL PRICES ARE APPLICABLE FOR A PERIOD OF 90 DAYS FROM THIS DATE AND ARE SUBJECT TO CHANGE THEREAFTER.
* All payments must be delivered by mail, an alternate postal method, or one of our electronic payment options.
Walk-in payments are no longer accepted at any SCE location, including Accounts Receivable. * Call the Edison company at 1-800-655-4555 to make application for electrical service. * An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection.
* Final electrical inspection from the local governmental building and safety department must be received before we can energize your service.
* By paying this invoice, customer acknowledges and agrees that if this project is canceled by customer for any reason or customer does not proceed with the project completion. * Any expense incurred by SCE, including, but not limited to, expenses related to engineering, inspection and construction, prior to the project cancellation or completion will be deducted from any applicable refund due to the customer.
* To ensure worker and public safety, please maintain the appropriate clearance distance from utility infrastructure during your construction project to avoid encroachments that may result in serious injury or damage. * If relocation of existing utility infrastructure is pending, please adjust your work around the proposed relocation schedule as appropriate. If you have any questions, please contact the designated SCE representative assigned to your project.
.
$ 282.72
COMMENTS:
TOTAL PROJECT INVOICE AMOUNT: 532
Description Amount
Service Request Number: 3866647 Project:
TD2353600 ADDED FACILITIES; RELATED NEW M&S
TD2361831
BURKE ST & GOSHEN AVE XSTRT VISALIA CA 93277
Install - Billing Option: SCE INSTALL -
707 W ACEQUIA AVE
VISALIA CA 93291
Telephone:
VISALIA, CITY OF
SCE Contact: Jennifer Annd Brumley
Invoice Date: 05/19/2025
2425 SOUTH BLACKSTONE AVENUE
TULARE CA 93274
Southern California Edison Company
Document # 7590631743
Invoice # 584257
Please detach and return payment stub with payment
Payment
Stub
VISALIA, CITY OF
707 W ACEQUIA AVE
VISALIA CA 93291
Please pay total amount now due:
$ 282.72
Thank you for paying promptly
Make check payable to Southern California Edison
Document # 7590631743
ATTN: Remittance Processing
PO Box 800
Rosemead, CA 91771-001
ADDITIONAL PAYMENT INSTRUCTIONS:
If paying by check, please follow instructions on payment stub JP Morgan Chase Bank
New York, NY
ABA#: 021000021 - Acct#: 323-394434
SCE Taxpayer ID No. 95-1240335
Document #: 7590631743
SCE Contact:
Southern California Edison
Attn: Remittance Processing
G.O. 1 Ground Floor, Room G53
2244 Walnut Grove Ave.
Rosemead, CA 91770
Jennifer Annd Brumley
Instructions for wire or ACH payments:
*** Failure to properly identify your document number and SCE contact may delay the application of funds and initiation of your project
Special Instructions for overnight delivery methods:
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0295 Agenda Date: 7/21/2025 Agenda #: 24.
Agenda Item Wording:
Historic Preservation Advisory Committee Appointment - Appoint Jocelyn Duran to a partial first term on the Historic Preservation Advisory Committee.
Deadline for Action: 7/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Tyler Davis, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] Paul Bernal, Planning and Community Preservation Director, 713-4025 [email protected] Department Recommendation:
Staff recommends that the City Council accept the recommendation of the Historic Preservation Advisory Committee (HPAC) and do the following:
1. Appoint Jocelyn Duran to the Committee for a partial first term, completing the remaining term of former Committee member Michael Tomola, beginning July 21, 2025, and ending June 30, 2026.
Summary:
The HPAC currently has six seated members out of seven available positions. The appointment of Jocelyn Duran will fill a vacancy created by resignation of a former Committee member and allow the Committee to continue to pursue its mission to protect historical resources in the City of Visalia.
Background Discussion:
The HPAC is a seven-member committee which administers the Historic Preservation Ordinance and encourages property owners to maintain the historic character of their properties. The Committee meets on the second and fourth Wednesdays of the month.
The HPAC currently operates with six active members. The HPAC is currently working on updating the Historic Recognition Program, which awards plaques to significant and/or well-maintained historic structures, and completing a survey of the Historic District and adjacent areas. The appointment of Ms. Duran will ensure that the Committee retains sufficient numbers to bring their long-range projects to completion, as well as continuing to conduct project reviews. If the nomination to appoint Ms.
Duran is approved, Ms. Duran will fill the vacancy left by Michael Tomola, who resigned on April 13, 2025, with this partial term beginning July 21, 2025, and ending June 30, 2026.
Jocelyn Duran is an interior design assistant with DLB Design, an interior design studio based in Downtown Visalia. Ms. Duran’s work consists of designing/drawing interior plans for residential and commercial projects. Ms. Duran also is a member of Visalia Heritage, a local non-profit organization Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0295 Agenda Date: 7/21/2025 Agenda #: 24.
commercial projects. Ms. Duran also is a member of Visalia Heritage, a local non-profit organization dedicated to preserving Visalia’s historical past through community engagement, serving on its board, working as a bilingual docent for walking tours, and participating in Visalia Heritage “Depot Project”, which is an effort to convert the former Depot Restaurant (207 East Oak Avenue) into a cultural center and historic museum.
Ms. Duran is also active in Christian ministry, serving 50 hours per month since 2024. Ms. Duran has studied at both Bakersfield College, where she obtained an Industrial Drawing AutoCAD Job Skills certificate, and California State University, Fresno, earning a Bachelor of Arts degree in interior design. Ms. Duran notes that she has a strong interest in the visual and performing arts and enjoys attending the Arts Consortium’s “First Friday” arts events.
The current HPAC membership is as follows:
1. Tyler Davis, Chair - 3rd term
2. Karen Ayala, Vice-Chair - 2nd term
3. Jay Hohlbauch - 3rd term
4. Jerome Melgar - 2nd term
5. Kim Lusk - 2nd term
6. Erick Arriaga - 1st term
7. Vacant (previously filled by Michael Tomola).
With this appointment, two out of the seven HPAC members reside within the Historic District (Mr.
Davis and Ms. Ayala). None of the applicants who applied for this current vacancy reside on property within the Historic District or on the Local Register.
Fiscal Impact: None.
Prior Council Action:
On June 16, 2025, the City Council took the following actions:
1. Reappointed Kim Lusk to the Committee for a first two-year term, beginning July 1, 2025, and ending June 30, 2027.
2. Reappointed Karen Ayala to the Committee for a second two-year term beginning July 1, 2025, and ending June 30, 2027.
3. Reappointed Jay Hohlbauch to the Committee for a third two-year term beginning July 1, 2025, and ending June 30, 2027.
Alternatives:
The City Council may direct staff to initiate the recruitment process for Historic Preservation Advisory Committee members immediately.
Recommended Motions (and Alternative Motions if expected):
I move to appoint Jocelyn Duran to a partial first term beginning July 21, 2025, and ending June 30, Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0295 Agenda Date: 7/21/2025 Agenda #: 24.
2026.
CEQA Review:
No environmental review is required for Committee appointments.
Attachments:
1. Committee Application - Jocelyn Duran
2. City of Visalia Committee and Commissions Handbook
Visalia City Council Page 3 of 3 Printed on 7/18/2025
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1 CITY OF VISALIA
COMMITTEES
AND
COMMISSIONS
HANDBOOK
“A Guide for Community Volunteers”
541
2 Table of Contents
INTRODUCTION ........................................................................................................................................ 3 THE COMMITTEE AND COMMISSION’S ROLE, AUTHORITY AND RESPONSIBILITIES............ 4 COMMITTEE AND COMMISSION GUIDELINES.................................................................................. 5 Formation of a new Committee or Commission by the City Council........................................................5 Appointment of Citizens to Committees/Commissions.............................................................................5 Eligibility ...................................................................................................................................................6 Term Limits and Replacement Process......................................................................................................6 Attendance..................................................................................................................................................7 Compensation.............................................................................................................................................8 Removal .....................................................................................................................................................8 Meeting Notices.........................................................................................................................................8 ORGANIZATION ...................................................................................................................................... 10 Regular Meetings.....................................................................................................................................10 Adjourned Regular Meetings...................................................................................................................10 Special Meetings......................................................................................................................................10 Agenda .....................................................................................................................................................10 Minutes.....................................................................................................................................................10 Annual Reports ........................................................................................................................................11 Parliamentary Procedure ..........................................................................................................................11 Appointment of Officers..........................................................................................................................11 Role of the Chairperson and Vice Chairperson........................................................................................12 Role of the Secretary................................................................................................................................12 Role of the Members................................................................................................................................12 Role of the Alternate ................................................................................................................................12 Role of the Staff Representative ..............................................................................................................12 GUIDELINES FOR RELATIONS WITH OTHERS................................................................................. 14 Relations with Fellow Commission/Committee Members......................................................................14 Relations with Council.............................................................................................................................14 Relations with Staff..................................................................................................................................14 Relations with Media and Public Statements...........................................................................................14 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS .................................................................... 15 APPLICATION FOR APPOINTMENT..................................................................................................... 17 542
3 INTRODUCTION
Dear Citizen,
This packet has been prepared to inform you of how you can be involved in local government through citizen advisory committees or commissions. It includes basic information about the purpose and responsibilities, qualifications for membership and how to apply for a city committee or commission.
By serving on a city advisory committee or commission, you can help plan Visalia's future. These committees and commissions are making recommendations that affect life in Visalia. It is important that prospective members understand the functions and responsibilities of membership before actively seeking appointment. A great deal of personal satisfaction can be received through public service, and the knowledge and experience gained will be invaluable to you.
If you are interested in serving on a committee or commission, please fill out the application included in this booklet. Feel free to include a resume or other information you feel would help the City Council to decide which committee or commission could best use your expertise. Information about specific vacancies is published annually by the City. For further information or additional application forms contact the City Clerk’s Office, 220 N. Santa Fe, Visalia, CA 93292 or call (559) 713-4512 or visit our website at www.visalia.city
We welcome your attendance at any of our committee or commission meetings. Please see a listing of all committees/commissions and their meeting schedules at the end of this document and feel free to contact the staff representative for further information.
The City Council also encourages your participation and involvement at City Council meetings. The City Council meets on the first and third Mondays at 7:00 p.m., located at the City Hall Council Chambers, 707 W. Acequia. The Council Members are as follows:
Steve Nelsen, Mayor
Brian Poochigian, Vice Mayor
Greg Collins, Council Member
Brett Taylor, Council Member
Liz Wynn, Council Member
We look forward to working with you to create a better Visalia.
Steve Nelsen, Mayor
City of Visalia
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4 THE COMMITTEE AND COMMISSION’S ROLE,
AUTHORITY AND RESPONSIBILITIES
The role of city committees and commissions is to advise the City Council in the determination of city policies and procedures. Committees/commissions facilitate public participation.
City committees and commissions are not involved in the administration or operation of city departments.
Committee/commission members may not direct administrative staff to initiate programs.
Committees/commissions may not conduct major studies or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance to committees/commissions.
Despite committees/commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to the specific committee or commission.
Appointment to a commission or committee is an honor. It provides an opportunity for genuine public service. Each commission or committee member should be aware of the responsibilities that go along with officially serving the community. The specific duties of each commission or committee vary with the purposes for which it was formed. There are, however, many responsibilities common to all members.
1. Understand the role and responsibility of the commission or committee on which you serve. Be informed of its functions, work programs and relationship with other commissions/committees.
2. Represent the overall public good, not the exclusive point of view of a single group or interest.
3. Keep all lines of communication open. Each member serves as a communication link between the community, the City Council and the staff.
4. Do your homework and be prepared. Commission and committee members should become familiar with items under consideration prior to meetings in order to be fully prepared to discuss, evaluate, and act on matters scheduled for consideration. Feel free to seek staff’s advice and assistance in advance of a meeting.
5. Establish a good working relationship with fellow members, the Council, and your staff representative.
6. Understand the scope and authority of your responsibility and strive to work within that scope.
7. Be a participant, an active representative and be enthusiastic.
8. Commission/committee members should not approve projects that violate adopted City policies.
These bodies make recommendations to the Council about exceptions to or recommendations to change existing policies when appropriate.
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5 COMMITTEE AND COMMISSION GUIDELINES
Formation of a new Committee or Commission by the City Council Unless otherwise stated by Council, a committee or commission shall be formed initially for a period of one year with time extended at the request of the committee/commission and concurrence of the Council.
After a one-year evaluation and if the committee/commission is to continue, the length of terms will be increased, and the expiration of terms will be staggered.
A newly formed committee or commission will be convened by the city staff representative, and each committee/commission will elect a chairperson, a vice-chairperson, and a secretary once the members feel sufficiently acquainted with each other.
A staff representative will be assigned by the City Manager to work with each committee/commission to prepare agendas, keep minutes and furnish assistance.
The size of commissions and committees may vary from 5 to 15 members and is set for each body by the City Council. A committee or commission may decide that it is in the best interest of the committee/commission to modify the number of its members and may recommend a change to the Citizens Advisory Committee. After the Citizens Advisory Committee receives a recommendation from the committee/commission along with reason(s), a recommendation to modify the number of members will be made to the City Council.
Each Committee or Commission should have a mission statement. Ex: “It is the mission of the Citizens Advisory Committee to act as a liaison between the general public and the City Council concerning community issues.”
Commissions are provided for in the City of Visalia’s Charter and the duties of the Commissions are contained in the City’s Municipal Code. The formation of a new Commission requires a Charter Amendment. Revision to Commission duties and responsibilities require an Ordinance change.
Appointment of Citizens to Committees/Commissions
All appointments and reappointments require formal action of the Council. Every committee/commission serves in an advisory capacity to the City Council.
Names to be considered for appointment will be recommended to the Council by the respective committee or commission. The Council may choose, however, to fill some positions in other manners as needed.
Persons in the community wanting to serve on an advisory committee/commission should submit their name and resume to the City Clerk’s Office (a standard application form is available and included in this handbook). The City Clerk will annually publish a notice of the process and procedure to be followed by individuals wanting to serve the City.
545
6 Applications will be kept on file for a period of two years. Applicants will be contacted one year after they file their application to ensure their continued interest in serving on a City committee or commission.
Eligibility
City advisory committees/commissions will reflect, to the extent possible, the community's geographic, ethnic, gender and age composition.
Appointees to committees/commissions should be 18 years of age or older, and live or work within the urban area of Visalia as defined by Visalia Unified School District’s boundary map. First consideration will be given to residents of the City of Visalia. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public.
Additional requirements may be applicable to a specific Committee or Commission.
No person should serve on more than one committee or commission at one time as a regular member or as an alternate. However, individuals with unique qualifications may be asked to serve on an additional committee/commission by the City Council.
Immediate family members may not concurrently serve on the same committee or commission; however, family members are encouraged to serve on different committees/commissions.
Employees of the City of Visalia may not serve on any committee/commission other than as a staff representative. Employees of companies who do business with the City of Visalia are encouraged to serve on committees/commissions other than those where the actions of the committee/commission may directly benefit the work of the member’s employer.
In accordance with Government Code Section 87200, planning commissioners are mandated to file Fair Political Practices Commission Form 700 Statement of Economic Interests upon assuming office, annually, and upon leaving office.
Government Code Section 53235 (AB 1234) requires that planning commissioners complete required ethics training within one year of assuming office and every two years thereafter.
Term Limits and Replacement Process
Term length for all members of Committees/Commissions is standardized to two-year terms. All terms begin on July 1
st and end on June 30th
.
Each committee member may serve three (3) two-year terms (for a total of six years). After serving for six years on a committee, a person must remain off for one year before reapplying to that same committee.
This does not prohibit the person from immediately applying to a different committee or commission.
Each commissioner (Planning and Parks and Recreation Commissions) may serve four (4) two-year terms (for a total of eight years). After serving for eight years on a commission, a person must remain off for one year before reapplying to that same commission. This does not prohibit the person from immediately applying to a different commission or committee.
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7 Because member turnover may periodically cause some difficulty in obtaining a quorum, a member’s term may be temporarily extended for an additional six months by the committee.
Appropriate recognition will be made of services when a term is completed, and a member leaves a committee or commission. This recognition will be made by the committee/commission with the help of the staff representative.
Scheduled Vacancies: To comply with the Maddy Act, on or before December 31st of each year, the City Clerk’s Office publishes the Local Appointment List informing the public of all scheduled vacancies for the upcoming year. The list is posted on the City’s website, at all City Hall posting boards, and at the public library.
Resignations: Members resigning from a committee or commission should submit a letter of resignation to the Mayor, City Clerk and the secretary of their committee or commission.
Reappointments: When a member is eligible for another term, the committee/commission will present a recommendation to the City Council asking for reappointment of the member. Reappointments are not automatic; the City Council makes the final determination on all appointments and reappointments.
Unscheduled Vacancies: The public will be informed regarding all unscheduled vacancies within 20 days after the vacancy occurs and at least 10 days before the vacancy is filled. Postings of unscheduled vacancies will be made by the City Clerk’s office by posting the vacancy on the City’s website, on the City Hall posting boards, the public library, through a press release, and an announcement included in the Inside City Hall newsletter.
Filling Unscheduled Vacancies with Alternates: For committees/commissions with membership under 12, a maximum of two (2) alternates may be, but are not required to be, appointed to a committee/commission by the Council and designated as alternate 1 and alternate 2. For committees/commissions with memberships of 12 or more, a maximum of four (4) alternates may be appointed and designated alternates 1, 2, 3, 4.
Once appointed as an alternate, the advance process can occur automatically, without any further confirmation by the Council, unless the Council specifically asks for a position to be brought before them for consideration. When an unscheduled vacancy occurs, alternate 1 may automatically advance to the voting position, and alternate 2 will become alternate 1. If an alternate serves more than half of an unexpired term, it will be considered a full term. If a committee/commission prefers to recommend a different approach to filling unscheduled vacancies with alternates, Council approval must be obtained.
Alternates do not automatically advance to a voting position at the end of a member’s term. When a term ends, the alternates and all other applicants are to be considered for appointment to the committee/commission and recommended to the City Council for final appointment.
Attendance
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8 Advisory body members are expected to attend meetings regularly. Conscientious attendance is a fundamental responsibility, as irregular attendance lessens one’s ability to study all aspects of items under consideration. It is important to notify staff of any absences for the purposes of determining a quorum.
Members are required to notify the staff liaison no later than 24 hours prior to any regular meeting of his/her intent not to attend said meeting.
Excessive absenteeism, which is defined to mean missing three consecutive regular meetings or four regular meetings in a 12-month period, shall constitute resignation of the member and the member shall be considered removed from the advisory body. In the event a meeting is cancelled because of a lack of quorum, the member(s) whose lack of attendance caused the cancellation will be counted, even though no meeting occurred.
Tardiness and early departure of more than 30 minutes in a meeting is considered an absence.
A Council sub-committee, comprised of the Mayor and Vice Mayor, may grant an exemption to the attendance policy or approve an extended leave of absence for members of City Committees/Commissions, based on individual circumstances.
The attendance policy becomes effective April 1, 2012, and April 2012 begins the first month in the 12- month attendance counting period.
Compensation
The members of the Planning Commission receive a $100 monthly stipend and paid conferences and training. Planning Commissioners do not receive city health benefits.
All other committee and commission members receive no compensation, stipend or benefits of any kind.
Actual and necessary expenditures incurred by members, while engaged in official commission or committee business, may be reimbursed to said members, provided such expenditures have been previously approved by the department head responsible for staffing the commission or committee.
Planning Commissioners and Parks and Recreation Commissioners will be provided business cards at the city’s expense at the request of the member. This is not available to committee members.
Removal
Commissioners and Committee members may be removed from office, upon the recommendation of any member of the City Council, and with the concurrence of a majority of the City Council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city’s code of ethics, or for any cause deemed warranted by a majority of the City Council.
Meeting Notices
Effective January 1, 2012, each Committee/Commission will provide notice of each meeting, including 548
9 special meetings, on the City’s web site. Committee/commission members, media representatives and any other interested persons who so requests will be notified in advance of time and place of each meeting. Meetings are open to the public and must follow the posting guidelines of the Brown Act.
The City Council is to receive all notices of meetings, agendas and minutes.
These guidelines may be waived or changed at the discretion of the Council. The Council has the discretion to make appointments outside of this stated policy. Statutory committees and commissions are separate from these guidelines to the degree required by State Law, City Charter or Ordinance Code. 549
10 ORGANIZATION
Regular Meetings
Regular meetings are held for most of the city’s committees and commissions. An exception would be committees that meet as needed or “on-call” or committees that convene on an occasional basis.
Agendas of all regular meetings must be posted for public review at least 72 hours prior to the meeting.
The official posting place of agendas is at City Hall West (707 W. Acequia), and the city’s web page www.visalia.city . Notices may also be posted at City Hall East (315 E. Acequia) or Administration (220 N.
Santa Fe)
Adjourned Regular Meetings
If for any reason the business to be considered at the regular meeting cannot be completed, the committee or commission may then adjourn to a specified time and location. A notice announcing the adjournment must be posted within twenty-four hours after the time of adjournment.
Special Meetings
If it is necessary to meet at a time or date that is not the regular meeting schedule, a Special Meeting may be called by the advisory body. A Special Meeting may also be called in order to discuss an important issue that needs to be addressed immediately. Notice of special meetings must be received by members and posted at City Hall and on the City’s web page at least 24 hours in advance of the meeting. Only the business set forth in the agenda may be considered at the meeting.
Agenda
At least 72 hours before a regular meeting, an agenda shall be publicly posted which specifies the time and location of the meeting and contains a brief general description of each item of business to be transacted or discussed at the meeting.
Minutes
Minutes of all meetings must be kept as a permanent record by the committee/commission’s staff representative. The minutes should be taken and prepared by the committee/commission’s secretary with the assistance of the staff representative. Written minutes, upon approval by the committee or commission, constitute the official record of its activities. Additions and correction of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members. Minutes are not verbatim but are instead, action minutes, which record the essence of the decision made and significant action taken.
550
11 Annual Reports
Each Committee and Commission shall submit an annual report to the City Council. The annual report should include the number of meetings held, approximate number of citizens attending, accomplishments for the year, goals for the next year, and any other significant areas of which the Council should be aware.
Parliamentary Procedure
In order for a commission/committee to meet, conduct business and take action, a quorum must be present. A quorum is generally defined as a majority (one more than half) of appointed members to the particular advisory body. Meetings of commission/committees are generally operated according to parliamentary procedure using Roberts Rules of Order as a guideline. Each body may establish additional rules, limit debate and eject unruly persons if necessary.
The use of Parliamentary Procedure…
➢ Promotes cooperation and harmony so that people can work together more effectively to accomplish their goals.
➢ Guarantees each individual an equal right to propose motions, speak, ask questions and vote. ➢ Protects the rights of minority points of view and gives the minority the same consideration and respect as those in the majority.
➢ Encourages the full and free discussion of every motion presented. ➢ Ensures that the meeting is fair and conducted in good faith.
Commission/committee action is taken by motion. Motions go through the following general steps:
1. The member making the motion asks to be recognized by the chair;
2. The member makes the motion… “I move…”;
3. Another member seconds the motion (if there is no second, the motion dies and is not voted upon);
4. The chairperson states the motion or if he is not clear asks the member making the motion to re-state the motion;
5. The chairperson asks if there is any discussion on the motion;
6. When the chairperson determines that there is no more discussion on the motion, the debate is closed;
7. The chairperson puts the motion to a vote.
The vote on a motion may take the form of “all in favor” so state, “all opposed” so state, which is called a commission/committee vote. If members prefer, the vote may take the form of a voice or roll call vote.
The Brown Act prohibits voting or taking action by secret ballot.
Appointment of Officers
Annually, each Committee/Commission shall elect a Chairperson, Vice Chairperson, and Secretary from their members. Commissions may have a staff person appointed as secretary. 551
12 Role of the Chairperson and Vice Chairperson
During meetings, the chairperson is responsible for overseeing the public debate in a manner that encourages input while facilitating the decision-making process.
The chairperson should limit the discussion and debate to the particular scope of responsibility of the group and should ensure that all individuals have the opportunity to speak. The chairperson should expedite the business of the commission/committee by making sure that the discussion does not go offtrack or bog down on peripheral issues.
In the event that the chairperson is not present at the meeting, the meeting will be chaired by the vicechairperson and all duties of the chairperson will transfer to the vice-chair during the chairperson’s absence.
Role of the Secretary
The secretary is responsible for recording the actions at the meeting and keeping the attendance record of the advisory body. A staff person may assist with this duty, if needed. The secretary should prepare the action minutes as soon after the meeting as possible and review them with the staff person prior to submitting to the committee for approval. The staff person is the “keeper” of the committee’s agendas, action minutes and attendance records.
Role of the Members
The committee/commission members serve as the “workers” by providing ideas, suggestions, and perspectives that may not have been considered by the City Council, chairperson and staff.
Role of the Alternate
Alternates are not regular members of the committee or commission, and while encouraged to attend, they are not voting members and should not be accorded the same rights and privileges as voting members.
Role of the Staff Representative
The City Manager appoints staff representatives to serve each of the committees and commissions. The staff representative provides information, support services and facilitates communication between the committee, the City Council and city management.
The duties of the staff representative shall include:
1. Reserve and prepare a meeting location that is available to the general public and accessible to the handicapped throughout the entire meeting.
552
13 2. Secure the location when the meeting is completed.
3. Assure that the committee/commission maintains the established meeting schedule.
4. Monitor the committee/commission membership and assist members in filling open positions, notifying the City Clerk’s Office promptly when an unscheduled vacancy occurs and when an alternate is promoted to regular member status.
5. Act as a resource for questions or inquiries generated by members of the committee or commission.
6. Act as liaison between the committee/commission and the City of Visalia.
7. Make proper meeting notifications, in accordance with the Brown Act, and make certain that all meetings are conducted in accordance with all laws.
8. Make certain that all documents related to the committee/commission are current and reflect the present operational status of the committee or commission.
9. Assist the Secretary in preparation of the action minutes; the staff person is the official “keeper” of the agendas, back-up materials, and action minutes
10. Oversee preparation and presentation of the required year-end summary to the City Council.
11. Perform other duties as assigned by the City Manager, Department Head or City Council.
12. Maintain a list of terms of the committee/commission members. 553
14 GUIDELINES FOR RELATIONS WITH OTHERS
Relations with Fellow Commission/Committee Members
Cooperation among fellow commission/committee members plays an important role in the successful efforts of these groups. In order to build consensus around common goals and objectives, members should first show a willingness to objectively define the issues at hand and then work to reconcile opposing viewpoints. When commissioners/committee members interact positively, the group as a whole will be more effective. Important points to keep in mind in working with other commission/committee members:
1. Respect an individual’s viewpoint even though it may be different from your own;
2. Allow other members adequate time to present their view before making comments;
3. Be open and honest;
4. Welcome new commission/committee members and help them become acquainted with the commission/committee.
5. Accept responsibility, voice opinions and be fair and factual.
Relations with Council
The primary responsibility of commissions/committees is to advise and make recommendations to the Council. It is the Council’s role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the Council is in such a position to see the broader context and is aware of other concerns, it may not always follow the recommendation offered by individual commissions/committees.
Relations with Staff
The staff representative’s role is valuable to the success of the commission/committee. They do research and provide relevant information that enhances a commission/committee’s ability to get things done. Staff is available to answer questions and follow-up on items brought before the commission/committee.
However, members should be aware that the staff representatives are there as liaisons, assisting the members of the commission/committee by gathering information when needed or requested, submitting recommendations of the commission/committee to the Council, etc. Staff representatives must sustain a balance between their role as a liaison and as a city employee. Commission/committee members must be sensitive to the unique and vital relationships that staff representatives must maintain.
Relations with Media and Public Statements
Commissioners and Committee members should not make public statements as a spokesperson for the City of Visalia or of their particular committee/commission. Any statement made reflects the opinion of that particular member only. Any inquiries regarding city committees or commission matters should be referred to the staff representative and/or the Community Relations Manager. 554
15 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Citizens Advisory
Committee
11 members Held the first
Wednesday of each
month at 5:30 p.m. at
City Administration
220 N. Santa Fe
Acts as a liaison
between the general
public and the City
Council concerning
community issues.
Jason Serpa
713-4533
Luma Fahoum
713-4103
Historic Preservation
Committee
7 members Held the second and
fourth Wednesdays at
5:30 p.m. at City
Administration 220
N. Santa Fe
Administers and
carries out standards
and specifications of
the Historic
Preservation
Ordinance. Promotes
historic preservation
including
encouraging building
owners to initiate
preservation efforts.
Develops funding
and/or incentive
options, conducts
tours, and oversees
building
identification.
Cristobal Carrillo
713-4443
Park and Recreation
Commission
5 members Held the second
Tuesday of each
month at 5:30 p.m., at
City Hall Council
Chambers
707 W. Acequia
Advises the City
Council and City
staff in matters
pertaining to parks,
playgrounds and
recreation centers.
Laurissa
Roggenkamp
713-4042
Planning
Commission
5 members Held the second and
fourth Monday of
each month at 7:00
p.m., at the City Hall
Council Chambers
707 W. Acequia
Makes recommendations to the City
Council concerning
land use, building and
subdivisions,
administers the
Zoning Ordinance
and handles matters
that affect the growth
and development of
Visalia
Paul Bernal
713-4025
555
16 The following Boards have city appointees:
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Delta Vector Control
Board
1 City representative On call. Monitors, controls
abate and otherwise
controls animals
which carry diseases
Leslie Caviglia
713-4332
Tulare Mosquito
Abatement District
Board
1 City appointee On call As a political
subdivision of the
State of California,
the district monitors,
inspects, abates and
otherwise controls
insects which carry
transmittable diseases
Visalia Civic
Facilities Authority
2 City appointees Obligated to meet
once a year.
Serves as the
governing body for
matters pertaining to
the Convention
Center, the L.J.
William’s Theater
and the Rotary
Theater. The
authority acquires
constructs, manages,
maintains, operates
and leases buildings.
Visalia Unified
School District lead
agency
Members of Committees may serve up to three (3) two-year terms (maximum 6 years) Members of Commissions may serve up to four (4) two-year terms (maximum 8 years) 556
17 CITY OF VISALIA
APPLICATION FOR APPOINTMENT
TO CITY BOARD, COMMITTEE OR COMMISSION
Name of Board, Committee or Commission
Name _______________________________________________________________________________ Mailing/ _______________________________________________________________________________ Address ________________________________________________ Residence Phone _____________ __________________________ Zip Code ___________ Work Phone _________________ Email ________________________________________________ Facsimile ___________________ Resident of Visalia for _________ years Visalia Registered Voter: Yes __________ No __________ NOTE: Of the contact information provided, please indicate with an asterisk “*” which is the best way to reach you.
TRAINING, EXPERIENCE and/or EDUCATION:
_____________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _________________________________________________________________________________ _____________________________________________________________________________________
SCHOOL MAJOR GRADUATION DATE & DEGREE
Additional Pertinent Skills, Experience or Interests: ___________________________________________ ______________________________________________________________________________________ Community activities in which you are involved: ___________________________________________ ______________________________________________________________________________________ Current or prior service on a City Board, Committee or Commission: _________________________ 557
18 Employment Information:
Present Occupation:
______________________________________________________________________________________ __
Name of Firm: ___________________________________________________________ Address: ________________________________________________________________ Phone: ________________________________________________________________ Rules of law and ethics prohibit members from participating in and voting on matters in which they have a direct or indirect conflict of interest including a financial interest. Are you aware of any potential conflicts of interest which may develop from your occupation or financial holdings in relation to your responsibilities as a member of the Board, Committee or Commission to which you seek appointment?
(If yes, please explain in detail any potential conflicts) YES ___________ NO _____________
(If you should have any questions about this matter or need further information as it relates to your situation, please advise the City Clerk’s Office prior to submitting your application.)
______________________________________________________________________________________ 558
19 FIRST choice for Board/Committee/Commission appointment: ___________________ SECOND choice for Board/Committee/Commission appointment: __________________ _________________
THIRD choice for Board/Committee/Commission appointment: ___________________ Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
559
20 When completed mail/submit original to: Office of the City Clerk – City of Visalia
220 N. Santa Fe St.
Visalia, California 93292
[email protected]
ON OCCASION, BOARD/COMMITTEE/COMMISSION MEMBERS, CITY STAFF, AND/OR THE
PUBLIC MAY HAVE NEED TO COMMUNICATE WITH YOU, PLEASE BE SURE TO NOTE ON YOUR APPLICATION THE BEST WAY TO CONTACT YOU (i.e., mailing address, phone number, or email address.)
I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
_______________________________________________ ____________________________ Signature of Applicant Date
The following information will be used for statistical purposes only. This information is requested on a voluntary basis. If you have questions regarding this request, please contact the City Clerk’s Office. Your application will be processed whether or not you complete these questions. Thank you for your assistance. Male Female
Ethnic Category: check all categories that apply:
White
(The category “White” includes White, Anglo-Saxons, Europeans, and person of Indo-European, North Africa or Middle Eastern origin.)
Black
(The category “Black” includes Blacks, Afro-Americans, and persons of Jamaican, Trinidadian, and West Indian descent.)
Hispanic
(The category “Hispanic” includes Mexican, Chicano, Latino, and all persons of Puerto Rican, Cuban Central or South American or Spanish descent.)
American Indian
(The category “American Indian” includes persons who identify themselves, or a re known as such, by virtue of tribal associations, including Alaskan Native.) Asian
(The category “Asian” includes Asian-Americans and persons of Japanese, Chinese, Korean, Filipino descent, Pacific Islanders and Vietnamese.)
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in the evaluation of your application.
560
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0296 Agenda Date: 7/21/2025 Agenda #: 25.
Agenda Item Wording:
Riverway Sports Park Fencing Project - Authorize the City Manager to Award Construction of Riverway Sports Park Fencing to Marko Construction Group Inc, of Fresno, CA, for an amount not to exceed $3,041,827 and appropriate an additional $849,010 from the General Fund.
Prepared by: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Community Services Director 713-4042; [email protected]
Department Recommendation: Staff recommends the City Council approve an appropriation of $849,010 from the General Fund and authorize the City Manager to award a construction contract for the installation of perimeter iron fencing, soccer field chain-link fencing, pedestrian gates, and automatic vehicle gates at Riverway Sports Park to Marko Construction Group Inc. of Fresno, CA, in the amount of and not to exceed $3,041,827 per specifications of RFB 24-25-53.
Summary:
Request for Bid #24-25-53 was advertised on May 07, 2025, and May 13, 2025, for the installation of perimeter iron fencing, soccer field chain-link fencing, pedestrian gates, and automatic vehicle gates.
Two mandatory pre-bid meetings were conducted on May 14, 2025, and May 15, 2025, where staff answered questions and toured the project site with several contractors.
On Thursday, June 26, 2025, the City received bids from three (3) contractors in the Bid Summary below. Marko Construction Group Inc. of Fresno, CA was the qualified low bidder for RFB 24-25-53 Construction of Riverway Sports Park Fencing Project.
· Marko Construction Group Inc., Fresno, CA $3,041,826.07 · Red Hawk Services Inc., Perris, CA $3,486,890.43
· United Field Services Corporation, Bakersfield, CA $4,221,559.00 This is considered a Public Works contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.
Background Discussion:
Riverway Sports Park began construction in 2006 and completed over five (5) phases of construction ending in 2020. During phase I of the project the ten (10) soccer fields, with three (3) of the fields being lit, were completed. This area was developed with no fencing to control access to the soccer fields. As construction continued of Riverway Sports Park several amenities were added, including Visalia City Council Page 1 of 4 Printed on 7/18/2025
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File #: 25-0296 Agenda Date: 7/21/2025 Agenda #: 25.
playgrounds, picnic arbors, additional soccer field lighting, and baseball and softball facilities. With the CR Shannon Baseball Facility and Phase V Softball Facility having perimeter fencing installed to protect the playing fields.
Over the years, as the community and user groups have continued to grow, the demand for field space has grown exponentially. Staff identified the need for maintenance and rest periods for the soccer fields to keep the turf in a safe and usable condition. With no fencing to control access to fields this has made it difficult to limit access. Staff, over the years, have had to spend several days posting signs, installing temporary fencing, and maintaining the fencing that was cut in the evenings by individuals to play on the fields. The combination of the high usage for approved user groups and the inability to keep foot traffic off the turf during maintenance/rest periods has led to the deterioration of the soccer fields.
Staff has also seen an influx of the unhoused population in the park, staying in the arbors, and restrooms. This has made it difficult to keep the park clean and the restrooms sanitary for users.
There have also been increases in drug use and illegal activity in the late evenings at the park. This has brought forth major concerns by residents, park staff, Visalia Police Department, and the City Council, all wanting to find ways to remove these issues from one of the City’s most popular and heavily used parks.
During the City’s budget process for Fiscal Year 24-25, staff presented a fencing project within the Parks and Recreation Department’s Capital Improvement Project (CIP) budget request. The project proposed fencing around the perimeter of the soccer fields at Riverway Sports Park in year three (3) of the six-year plan. Upon Council’s review of the proposed budget a recommendation was made by Council to move the project to year one (1) of the six-year plan and to fund the project to not only fence the soccer fields, but to fence off the entire perimeter of Riverway Sports Park. The intention of the fencing is to resolve the illegal activity at the park and make a safe environment for families and user groups at Riverway Sports Park.
With direction from Council on the fencing project, staff began meeting internally to discuss the location, materials, and process on how to make the project happen. Once staff was able to meet with public safety on requirements for emergency exits, security, and access for calls for services, staff determined that iron heavy gauge fencing would be best for the perimeter of the park to detour vandalism, automated vehicle gates would be needed to meet the needs of public safety, and black vinyl coated chain-link fencing would be used for the interior soccer fields. The chain-link fencing will help to reduce costs to the project and match the other chain-link fencing that is currently within the park, at the CR Shannon Baseball, Phase V Softball, and Saputo Fields. The project was then placed on the Site Plan Review agenda for review.
During the December 11, 2024, Site Plan Committee review, the committee reviewed the proposed plan, making comments on the fencing location to remain compliant with City and building codes. The committee also made recommendations to the proposed design to keep access to the park compliant with ADA requirements. Some of these recommendations were the addition of sidewalks to the field pedestrian gates, reduced gate sizes from eight feet to two four-foot gates and moving the vehicle gate on Shannon Parkway back into the park to meet the minimum requirement of twenty feet from the City street.
The fencing project was then presented to the user groups that use Riverway Sports Park each year Visalia City Council Page 2 of 4 Printed on 7/18/2025
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for youth and adult sports on December 17, 2024. Staff answered questions from the user groups and explained how access would be made for groups during their reservation times. One of the ways staff have tested access to locked facilities was by using combination locks at both the CR Shannon facility and Phase V facility. The lock combination is easily provided to league board members and changed at the end of the league’s reservation/season. This eliminates the need to hand out and collect keys with each group. The combination is changed at the end of each maintenance period and reservation period. The system has been working well at these two facilities and staff believes it will also work for the rest of the facilities at Riverway Sports Park. At the conclusion of the meeting the user groups accepted the fencing project and understood the benefits of securing the park.
Staff took all the requirements and recommendations from public safety, the Site Plan Review Committee, and user groups, and created the fencing overview which was presented to the Parks and Recreation Commission at the January 14, 2025, regular meeting. During the presentation staff received a few questions from the public. The first question was how soccer groups would be able to retrieve soccer balls that could be kicked over the fence along Shannon Parkway. To address this, staff will install maintenance gates so that users will have access for ingress and egress to the facility but will remain locked and only be used for retrieving equipment. The second question was with the fencing of the soccer fields, how could residents or user groups access facilities during maintenance periods? Staff identified areas that would be available for use and removed these areas from the winter maintenance period. Staff also staggered summer maintenance closure periods throughout the parks to allow users to have facilities available for use. The final question for the public comment was whether user groups would have the ability to move their soccer goals between fields. Staff responded with, yes, user groups will be provided access to the service gates to allow them to move soccer goals to their reserved field space. Once staff completed the fencing presentation and addressed the above questions, the Parks and Recreation Commission motioned unanimously 4-0 to recommend to council the fencing location and materials as presented.
Staff then presented the proposed location, materials, and design for the Riverway Sports Park Fencing Project to Council during the 2/3/25 Council Work Session. Council approved the project as presented and instructed staff to complete a Request for Bids (RFB).
During the mandatory meetings of the RFB process many of the proposed bidders expressed concern over the project budget, stating material costs have increased considerably and that the project may be under funded. With this information staff requested additional funding during the Fiscal Year Mid-Cycle Financial Report at the 6/16/25 City Council Work Session. The City Council approved the appropriation of an additional $1,000,000 in anticipation of the bids we may receive at the close of the RFB process. Unfortunately, all three bids were over the budgeted amount, even with additional appropriation. Staff are requesting an additional $849,010 to complete the project. The additional funding will include a 10% percent construction contingency for any unforeseen issues that may arise during construction and permit fees.
Fiscal Impact: Riverway Sports Park Fencing Project (CP0695) was appropriated for $1,500,000 with the FY 24/25 budget adoption. An additional $1,000,000 was approved by Council on June 16, 2025, bringing the total project budget to $2,500,000.
Riverway Sports Park Fencing Project (CIP 1010-72000/CP0695-999) Budget Summary
General Fund Project Budget $2,500,000.00
Estimated COV Permit Fees $ 3,000.00
Visalia City Council Page 3 of 4 Printed on 7/18/2025
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File #: 25-0296 Agenda Date: 7/21/2025 Agenda #: 25. Riverway Sports Park Fencing Project (CIP 1010-72000/CP0695-999) Budget Summary
General Fund Project Budget $2,500,000.00
Estimated COV Permit Fees $ 3,000.00
Subtotal $ 3,000.00
Marko Construction Group Bid $3,041,827.00
Cont. (est. 10%) $ 304,183.00
Subtotal $3,346,010.00
Total Project Cost $3,349,010.00
Budget Shortfall ($ 849,010.00)
Prior Council Action: 4/15/2024, Work Session, Council reviewed the proposed Parks and Recreation Department 6-year Capital Improvement Plan (CIP) and recommended the Riverway Sports Park Fencing Project be moved from year 2 to year 1 of the plan and to include fencing the entire perimeter of the park. 6/17/2024, Public Hearing, City Council approved the FY24/25 and FY25/26 multi-year budget. 2/3/2025, Council approved the proposed location and materials for the fencing project at Riverway Sports Park. 6/16/2025, Council approved the appropriation of an additional $1,000,000 from the end of fiscal FY24/25 General Fund Surplus.
Other: N/A
Alternatives: Reject bids and go out for another Request for Bids with an adjusted or reduced scope.
Recommended Motion (and Alternative Motions if expected):
I move to approve an appropriation of $849,010 from the General Fund and authorize the City Manager to award a construction contract for the installation of perimeter iron fencing, chain-link fencing, and automatic vehicle gates at Riverway Sports Park to Marko Construction Group Inc. of Fresno, CA, in a not to exceed amount of $3,041,827.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: RFB 24-25-53, RFB Addendum 1, RFB Addendum 2, RFB Addendum 3, RFB Addendum 4, Marko Construction Group Bid, Draft Contract, Site Map Visalia City Council Page 4 of 4 Printed on 7/18/2025
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RFB-24-25-53
RIVERWAY SPORTS PARK FENCING PROJECT
CITY OF VISALIA, CA
REQUEST FOR BIDS
RFB NO. 24-25-53
PROJECT:
CONSTRUCTION OF RIVERWAY SPORTS PARK FENCING
BID SUBMITTAL DEADLINE: 2:00 P.M. on THURSDAY, MAY 29, 2025 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).
Advertisement Dates: 5/7/25
5/13/25
565
RFB-24-25-53
RIVERWAY SPORTS PARK FENCING PROJECT
TABLE OF CONTENTS
SECTION 1
I. Definitions...............................................................................................................................................................3 II. Project Introduction.................................................................................................................................................3 III. Instructions..............................................................................................................................................................3 IV. Scope Of Work/Project Specifications....................................................................................................................5 V. Pre-Bid And Preconstruction Meetings...................................................................................................................6 VI. Bid Opening And Confidentiality............................................................................................................................6 VII. Award ......................................................................................................................................................................6 VIII. Protests/Appeals......................................................................................................................................................7 IX. Post Award Responsibilities....................................................................................................................................7 X. Special Conditions...................................................................................................................................................8 XI. General Conditions.................................................................................................................................................10 SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 11-30) Bid Forms...................................................................................................................................................................11 Bidding Contractors License Information..................................................................................................................14 Contractors Reference................................................................................................................................................15 Bid Bond ....................................................................................................................................................................15 Subcontractor Listing.................................................................................................................................................16 Business Ownership Disclosure / California Levine Act Statement ..........................................................................17 Signature Page ...........................................................................................................................................................18 Bid Proposal Contract/Bid Security ...........................................................................................................................20 State and Local Requirements....................................................................................................................................22 SECTION 3
Sample Contract.........................................................................................................................................................32 Contract General Provisions – Attachment 1.............................................................................................................34 Contract Insurance Requirements – Attachment 2.....................................................................................................37
ADDITIONAL ATTACHMENTS
1. State Prevailing Wage Designations
2. City of Visalia Labor Compliance Manual
3. Exhibit A – Fencing Site Map North Side Fields 1, 2, 3
4. Exhibit B – Fencing Site Map North Side Fields 4 & 5
5. Exhibit C – Fencing Site Map South Side Fields 4 & 5
6. Exhibit D – Fencing Site Map North Side Fields 9 & 10
7. Exhibit E – Fencing Site Plan South Side Fields 9 & 10
8. Exhibit F – Fencing Site Map North Side Fields 7-8
9. Exhibit G – Fencing Site Map Fields 6, 7 & 8
10. Exhibit H – Fencing Site Map South Side Phase 5
11. Exhibit I - Fencing Site Map Phase 5 North
12. Exhibit J – Fencing Site Plan Giddings Entrance
13. Exhibit K – Fencing Site Map CR Shannon
14. Exhibit L – RWSP Iron Fencing (7 pgs.)
15. Exhibit M – Chain Link Fencing Standard (City Standard F-2)
16. Exhibit N – Automatic Vehicle Gate Opener
17. Exhibit O – Automatic Vehicle Swing Gate Detail
18. Exhibit P - RWSP Irrigation
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SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 24-25-53 the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. RFB” means Request for Bid No. 24-25-53
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors for the Riverway Sports Park Fencing Project. The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new wrought iron fencing, chain-link fencing, twelve-inch concrete mow strip, and relocation of irrigation sprinklers, at Riverway Sports Park, 3611 N. Dinuba Blvd, Visalia. Bids are sought from contractors who have had at least 2 similar contracts within the past 3 years that were of similar scope and each with a contract value of $500,000 or greater. We are seeking Contractors with a proven record of experience in providing the services required by this Invitation to Bid.
Mandatory Pre-Bid Meetings. Bidder is required to attend at least one of the Mandatory Pre-Bid meetings in order to be eligible to submit a bid. The meetings will be held at the jobsite: Riverway Sports Park 3611 N. Dinuba Blvd.
Visalia, as follows:
Wednesday, May 14, 2025 at 8:00am, and
Thursday, May 15, 2015 at 8:00am
Plans & Specifications: Plans and Specifications may be obtained free of charge at the Purchasing Division, 707 W.
Acequia Street, Visalia, California, or by calling (559) 713-4334, or emailing your request to [email protected] Plans will be emailed to the requestor. If plans and specifications exceed email capacity, a share file link will be provided to the requestor so that the documents can be downloaded by the requestor.
Contract Dates: Tentative date of award date: June 2025. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Department.
Time of Completion Deadline: The entire project must be completed within sixty (60) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.
Budget Estimate for this project is approximately $1,500,000.
Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to (State) prevailing wages as specified in this document and attachments. Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.
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License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and holds a valid Class A General Engineering license or a Class B General Contractor’s License.
Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.
Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
Contractor shall provide a One year “Maintenance Bond” in the amount of 15% of the contract amount. Maintenance Bond shall be submitted to the Project Manager prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year.
III. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:
PROJECT: Sealed Bid for 24-25-53, RWSP FENCING PROJECT
BID SUBMITTAL DEADLINE: 2:00 P.M. on Thursday, May 29, 2025
4. Submit the entire Section 2 (Bidding and Contract Documents pgs. 11-30). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms. In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.
City Hall offices hours: 7:30am-5:00pm Monday – Thursday, CLOSED on Fridays and Major Holidays.
Bids are not delivered or accepted when office is closed. If shipping or mailing a bid, it is the responsibility of the Contractor to ensure that bids are delivered when City offices are open.
5. Inquiries: Instructions to Bidders, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: [email protected] Deadline for submitting questions regarding this project is Monday, May 19, 2025. 568
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IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new wrought iron fencing, chain-link fencing, twelve-inch concrete mow strip, and relocation of irrigation sprinklers, located at Riverway Sports Park, 3611 N. Dinuba Blvd, Visalia. The work will consist of:
• Installation of a seven (7) foot tall wrought iron fence (see exhibit “L”) around the perimeter of Riverway Sports Park.
• Installation of a twelve (12) inch concrete mow strip (see exhibit “L”). • Installation of a seven (7) foot tall chain-link fence (see exhibit “M”) around the perimeter of Riverway Sports Park soccer fields (see fencing site maps).
• Installation of a twelve (12) inch concrete mow strip at the base of the chain-link fencing. • Reroute irrigation adjacent to existing sidewalks, curbs, or turf areas to provide a minimum of six (6) inches from new concrete mow strip. (see attached landscape plans). • Installation of new four (4) foot pedestrian walkthrough gates. (see attached fencing site maps for quantity). • Installation of new eight (8) foot pedestrian walkthrough gates. These gates shall be two four-foot gates with a locking mechanism and cane bolt. (see attached fencing site maps for quantity). • Installation of new twelve (12) foot service gates. These gates shall be two six-foot gates with a locking mechanism and cane bolt. (see attached fencing site maps for quantity). • Installation of new automatic wrought iron vehicle gates (see exhibit L for steel specifications) at the park entrances on Dinuba Blvd, Giddings Street, and Shannon Pkwy (see site maps for locations and exhibit O). • Installation of electrical circuits at each park entrance from existing power source for the operation of the new automatic gate openers.
• Install LiftMaster automatic gate openers model HDSW24UL or approved equal (see exhibit N). • Installation of new four (4) foot wide ADA compliant concrete sidewalk from existing sidewalk to soccer fields 6 & 7 (see exhibit G).
• Demo and removal of approximately forty (40) feet of existing median at the south entrance on Shannon Pkwy, to include removal of concrete curb, landscape, soil, and rerouting of irrigation (see exhibit G for location).
• Installation of new curb/gutter at the entry median and installation of new asphalt where median was removed (see exhibit G).
• Contractor is responsible for having the area marked for utilities (811 Before You Dig) before the project begins.
• Any damage to existing irrigation, turf, concrete sidewalks or asphalt shall be repaired at the expense of the contractor.
• Contractor shall be responsible for clean-up and disposal of all waste materials. • Work to be performed for the Riverway Sports Park Fencing Project shall be compensated at the contract unit cost and shall include mobilization, and furnishing all labor, materials, taxes, tools, equipment and incidentals, and for doing all work of completing the installation of new fencing, concrete, gates, relocation of existing irrigation components, and median work, in accordance with this bid request and as directed by the City’s Project Manager, and per the City Standard Specifications to provide fully completed improvements.
• At conclusion of the work, Awarded Contractor shall provide the City of Visalia Project Manager with a signed Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB (pg. 39).
• Awarded Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).
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V. PRE-BID MEEINGS
1. Mandatory Pre-Bid Meetings. Mandatory Pre-Bid meetings will be held at the jobsite- Riverway Sports Park, 3611 N. Dinuba Blvd. in Visalia as follows:
Wednesday, May 14, 2015 at 8:00am, and
Thursday, May 15, 2025 at 8:00am
Bidder attendance at this meeting is mandatory to be considered eligible to bid. Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract.
It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, May 29, 2025 at 2:00 P.M. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.
The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VII. AWARD
1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
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VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IX. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.
City Project Manager: Alvin Dias Department: Parks & Urban Forestry
3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.
5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. 571
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Contractor shall provide a One year “Maintenance Bond” in the amount of 15% of the contract amount.
Maintenance Bond shall be submitted to the Project Manager prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year.” Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
X. SPECIAL CONDITIONS
1. Complete Project. The successful Bidder shall be responsible for providing all materials, taxes, labor, tools, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.
2. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.
Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Project Manager within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.
If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.
Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.
Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
3. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
4. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.
If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation 572
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required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.
5. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
6. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.
7. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
8. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.
9. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.
10. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
11. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.
12. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.
City shall be the sole judge as to the adequacy of any item for substitution. 573
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(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
13.Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
14.Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
15.Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.
Contractor shall comply with all applicable labor laws and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. EXECUTIVE ORDER N-6-22 – Russia Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
3. Post-Closing Date Corrections are prohibited.
4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
5. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
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6. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
7. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
8. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
9. All Bids are the property of the City after submission.
10. City is not responsible for Bid errors and omissions.
11. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
12. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
14. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559)713- 4326 for more information.
15. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
16. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
17. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
18. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.
20. All California agencies may purchase off the bid submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
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23. All Bidders are required to make a Bid on the complete Bid Form. Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.
24. No mention shall be made in the bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid. 576
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Bidders Name: ____________________________
SECTION 2
BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pg 11 – 30) 577
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Bidders Name: ____________________________
(Submit with Bid Proposal)
BID FORM RFB NO. 24-25-53
Project: CONSTRUCTION OF RIVERWAY SPORTS PARK FENCING
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-53 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, taxes, equipment, tools, labor, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract and provide bonds within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work by sixty (60) calendar days after Notice to Proceed, unless extended in writing by the Purchasing Division.
BIDDER shall pay the City LIQUIDATED DAMAGES in the amount of two hundred dollars ($200) a day for each calendar day the project is delayed beyond the “TIME OF COMPLETION DATE”.
BIDDER proposes to furnish a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Contractor shall furnish a Maintenance Bond in the amount of 15% of the agreement, which shall remain in effect for one year after the notice of completion has been filed. According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and prevailing wages, and uploading and certified payrolls to the Labor Commissioner.
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Bidders Name: ____________________________
(Submit with Bid Proposal)
Prices bid shall include all equipment, tools, materials, taxes, fuel, and labor costs.
A B C
RIVERWAY SPORTS PARK (RWSP) FENCING
PROJECT as described in RFB-24-25-53.
Unit Cost:
Estimated
Quantity Total Cost:
Item 1:
RWSP Wrought Iron Fencing Installation of 7-foot-tall
wrought iron fencing (see exhibit L)
$________
per linear foot 8,660 linear ft. $________________
Item 2: Riverway Sports Park Chain-link Fencing
Installation of 7-foot-tall chain-link fencing (see exhibit M) $_______
per linear foot 4,702 linear ft. $________________
Item 3: Riverway Sports Park Wrought Iron 8 Foot
Pedestrian Gates Installation of eight (8) new eight (8) foot pedestrian walkthrough gates. These gates shall be two four-foot gates with a locking mechanism and cane bolt. $_______
each 8
$________________
Item 4: Riverway Sports Park Wrought Iron 12 Foot
Service Gates Installation of eight (8) new twelve (12) foot service gates. These gates shall be two six-foot gates with a locking mechanism and cane bolt.
$_______
each
8 $________________
Item 5: Riverway Sports Park Wrought Iron 4 Foot
Pedestrian Gates Installation of eleven (11) new four (4) foot pedestrian walkthrough gates with a locking
mechanism
$_______
each
11 $________________
Item 6: Riverway Sports Park Chain-link 12 Foot
Service Gates Installation of nine (9) new twelve (12) foot service gates. These gates shall be two six-foot gates with a locking mechanism and cane bolt.
$_______
each
9 $________________
Item 7: Riverway Sports Park Chain-link 8 Foot
Pedestrian Gates Installation of two (2) new eight (8) foot pedestrian walkthrough gates. These gates shall be two
four-foot gates with a locking mechanism and cane bolt. $_______
each
2 $________________
Item 8: Riverway Sports Park Chain-link 4 Foot
Pedestrian Gates Installation of fifteen (15) new four (4) foot pedestrian walkthrough gates with a locking
mechanism
$_______
each
15 $________________
Item 9: Riverway Sports Park twelve (12) Inch
Concrete Mow Strip Approximately 7,175 feet of 12 inch
concrete mow strip (see exhibit L)
$_______
Linear foot 7,175 linear ft. $________________
Item 10: Riverway Sports Park 4 Foot Concrete
Sidewalk Approximately 82 feet of 4 foot wide ADA
compliant concrete sidewalk (see exhibit G)
$_______
Linear foot 82 linear ft. $________________
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Item 11: Riverway Sports Park Electrical Circuit for
Automatic Vehicle Gates Installation of electrical circuits at all park entrances from existing power source for the operation of the new automatic gate openers
LUMP SUM
$________________
Item 12: Riverway Sports Park for Automatic Vehicle
Gate Openers Install Lift Master automatic gate openers on all entrances: model HDSW24UL or approved equal
(see exhibit N) LUMP SUM
$________________
Item 13: Riverway Sports Park Automatic Vehicle
Gates Installation of new automatic wrought iron vehicle gates (see exhibit L for steel specifications) at all the park entrances on Dinuba Blvd, Giddings Street, and Shannon
Pkwy (see site maps for locations and exhibit O)
LUMP SUM
$________________
Item 14: Riverway Sports Park Median Demo and
Roadway Repaving Demo and removal of approximately
forty (40) feet of existing median at the south entrance on Shannon Pkwy, to include removal of concrete curb,
landscape, soil, and rerouting of irrigation. Installation of new curb/gutter at the entry median and installation of new asphalt where median was removed (see exhibit G for
location)
LUMP SUM
$________________
TOTAL BID AMOUNT $________________
LOWEST BID WILL BE BASED ON THE LOWEST TOTAL BID AMOUNT. Bid will be awarded to the lowest bidder whose bid is deemed both responsive and responsible and meets all specifications of RFB-24-25-53.
Contractor’s Hourly Labor Rate Unit
Contractor’s Hourly Labor Rate for Additional Services (applicable only when authorized by City’s Project Manager for any additional work that may need to be completed.)
Hour $______________/per hour
In the event of discrepancies between the bid total, summaries of totals and unit price extensions, the unit price correctly extended will control over the summaries of totals, and the summaries of totals correctly added will control over the total, whether the summaries of totals are extended unit prices or lump sums.
BIDDING CONTRACTOR: __________________________
LICENSE INFORMATION
State Contractor’s License #:_____________________ Class:____________ Exp. Date:___________ State DIR Registration #______________________________________________________ Federal Tax I.D. #______________________________________ City of Visalia Business Tax Certificate #__________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work. Contact the Business Tax Division for information at (559) 713-4326 or [email protected].
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Bidders Name: ____________________________
(Submit with Bid Proposal)
CONTRACTOR’S REFERENCES:
The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past three (3) years. At least two (2) of the agencies identified below should be agencies with whom BIDDER has had contracts in amount of $500,000 or greater.
REFERENCE 1
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ Project:___________________________ Date Completed:______________ Contract Amount: $____________ REFERENCE 2
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ Project:___________________________ Date Completed:______________ Contract Amount: $____________ REFERENCE 3
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ Project:___________________________ Date Completed:______________ Contract Amount: $____________ BID BOND: Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier's Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
The Bid Deposit is deposited by the undersigned Bidder with the City of Visalia as a guarantee that the Bidder, if awarded all or part of the Contract, will, within 10 working days from the date the Notice of Award is mailed to the Bidder, execute, and return a Contract furnished by the City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in the amount of not less than the greater of ten percent (10%) of the Total Net Bid Amount or ten percent (10%) of the highest possible combination of the Base Bid plus Add Alternates.
Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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Bidders Name:_________________
(Submit with Bid Proposal)
SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.
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-24-25-53
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Bidders Name: ____________________________
(Submit with Bid Proposal)
SIGNATURE PAGE
By my signature on this Bid Proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements and those contained herein are true and correct.
BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ____________________________________________________ ____________________ Bidding Firm Phone
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partner [ ] Other:
(3) ____________________________________________________________________________ Email Address
___________________________________________________________________________ Business Address
____________________________________________________________________________ City State Zip Code
(4) By:_________________________________________________________________________ Signature of Authorized Person
_________________________________________________________________________ Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: ___________________________Date: _______________________ 584
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Bidders Name: ____________________________
(Submit with Bid Proposal)
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued if a license is required. If the Bidder is a corporation, enter the exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in theventure.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address and email to which all communications and notices regarding the Bid Proposal and any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign Contracts.
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers; or by a joint venturer authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and ifthe joint ventureris a corporation or a partnership signing on behalf ofthe Joint Venture, then Paragraphs (a) and (c) above apply respectively.
Where Bidder is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:
NAME ADDRESS
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Submit with Bid Proposal
BID PROPOSAL CONTRACT
Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.
______________________________________________________________________________ Print Name of Corporation or True Name of Firm
______________________________________________________________________________ Print Officer’s Name or Copartner’s Name and Title
______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ____________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title Licensed in accordance with an act providing for the registration of Contractors, License No.______________________, Class of License(s) _____________________________, License Expiration Date _____________________________________.
Department of Industrial Relations Registration No. _____________________________________.
The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the City of Visalia.
Signature of Authorized Person(s)
______________________________________________________________________________ Signature Title
______________________________________________________________________________ Print Name
NOTE:If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is 586
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a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business Address ____________________________________________________________________ Street Address City State Zip Code
Business Telephone Number _____________________________________________________________ Place of Residence _______________________________________ Dated: __________________ E-mail
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Bidders Name: ____________________________
(Submit with Bid Proposal)
LOCAL AND STATE REQUIREMENTS
The following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these following provisions in each lower tier contracts (e.g., subcontract or sub-agreement).
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.
1. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:
That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.
2. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.
3. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order. By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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