4.12.1 Scheduled Maintenance
The scheduled maintenance feature enables users to schedule required vehicle services, ensuring all vehicles are in top condition. Users can record a comprehensive history of vehicle services including the date, mileage, and type of service. The software captures the date and time the maintenance was performed, the next scheduled maintenance mileage/date, and the responsible individual. Reports can be displayed or printed to outline the maintenance performed, and all maintenance for the life of the vehicle.
4.12.2 Detailed Gas Mileage Summaries
Agencies can track fuel consumption and mileage records to prepare effective fuel budgets.
The software automatically calculates the vehicle’s mileage, and enables users to include:
• Date.
• Current odometer reading.
• Quantity of oil or fuel added.
• Total cost.
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4.12.3 Accurate Repair Records
These reports are critical to accurately tracking fleet vehicles. Users can access and manage detailed repair records for each fleet vehicle, and generate reports that detail repair information including the total price, part codes, quantity, and parts and labor.
4.13 Inventory Management
The Inventory Management module simplifies the process of monitoring and replenishing inventory with accurate accounting of supplies. Automatic balance updates, complete supplier information, and concise, pre-formatted reports provide the information agencies need for proper inventory control.
These features, described below, are just some of the functionality provided to simplify inventory management. Additionally, this module integrates with our jail management solution to provide the same superior functionality for jails.
4.13.1 Supply Maintenance
The application allows users to ensure that proper supplies are on hand at any given time by viewing an item’s balance, re-order point, and full stock quantity. The system displays item status in an easy-to- read, organized format, and the software intuitively generates a purchase order for each item when the quantity reaches the reorder point.
4.13.2 Supplier Tracking
Users can access a comprehensive history of orders to track supplier fulfillment and compare the promptness, completeness, and costs of each supplier to make informed purchasing decisions.
Additionally, users can store each supplier’s contact information and ordering instructions.
Preformatted Reports
Extensive reporting options help users create accurate inventory reports. The easy-to-read reports help compile the statistical data needed to efficiently manage inventory. Users can conveniently view reports such as:
• Supplier Summary.
• Orders Pending.
• Item Cost Summary
4.14 RMS Hybrid Features
The Multi-Agency Search feature provides a robust search interface enabling participating MSI agencies to share Persons, Vehicles, and Incident Report data from the Flex Records Management System (RMS) with other PremierOne and Flex agencies. This collaborative tool empowers agencies to:
• Control Data Sharing: Agencies have the discretion to select the specific types of information that are available for sharing.
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• Manage Sharing Partners: Each agency can manage its list of trusted agencies with which to share data with, ensuring that data- sharing arrangements are mutually agreeable and maintain data integrity.
Enhance Search Capabilities: Participating agencies that have opted in will gain the ability to conduct searches across a broader regional data set, which can foster a cooperative environment among agencies, streamline investigative processes, and ultimately enhance public safety operations through more effective data utilization
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Section 5
Flex Mobile Data Computing
Solution Description
5.1 Mobile Records
The Flex Mobile Records module empowers personnel with universal data access. Convenient field narratives and image display options provide the necessary tools to effectively manage records from the field. Mobile personnel can also search for records in multiple places without leaving the vehicle or requesting dispatch assistance. Searchable databases include:
• Local databases
• Flex and non-Flex databases (requires Multi-Agency Search) • State databases (requires the Mobile StateLink Interface) • National databases (requires the Mobile StateLink Interface) The following highlights several key advantages:
5.1.1 Local RMS Queries
Mobile Records combines speed with
flexibility. Users have the ability to
search for names, vehicles, incidents,
property, and wanted persons. These
queries provide comprehensive
search results from local, state, and
national databases, with the ability to
encrypt state and national query
responses for use with third-party
citation and crash programs.
Additionally, a drop-down menu
provides officers with more detailed
fields to perform enhanced searching.
Once the user has submitted his or
her search criteria, a list of matching
records appears in the returns folder
of the Mobile Message Center.
5.1.2 Image Display
The system’s image display function helps field personnel identify suspects and verify criminal histories.
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or photos of vehicles and property. Images first appear in thumbnail size, but they can also be expanded to full-size.
5.1.3 Field Narratives
Users can enter field narratives into the system directly from the vehicle. This saves valuable time and improves record details. Each user can view, add, and append narrative information or supplemental narratives directly from the Law Incident screen. Additionally, field officers have the flexibility to enter an unlimited number of supplemental narratives for witness statements and other follow-up activities. For routine narrative entries, the system allows users to easily define templates for precise information gathering.
5.2 Mobile CAD
The Flex Mobile CAD module enables officers to prepare for any situation by accessing mission-critical information while responding to a call. Users can maintain constant contact with dispatchers and other 503
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personnel while freeing up airtime for high priority calls. The Mobile CAD module allows users to easily view the status of calls and units while accessing additional call details. The following highlights several key advantages:
5.2.1 Local, State, and National Queries
Our Mobile CAD module combines speed with flexibility. Queries provide comprehensive search results from local, state, and national databases. Once the user has submitted his or her search criteria, a list of matching records appears in the folder of the Mobile Message Center. With a single query, users can search for:
• Names
• Vehicles
• Incidents
• Property
• Wanted persons
5.2.2 Voiceless CAD
Flex’s Mobile software enables users to maintain constant communication with dispatchers and other officers. Users can send and receive messages with the Flex Mobile Messenger, and view scrolling ‘Be On the Look-Out’ (BOLO) reports and other alerts along the bottom of the screen. Voiceless CAD features enable users to also view calls and call comments in real time, update call and unit status, and access address and radio log history information.
5.2.3 Mobile Mapping AVL
With Flex’s Mobile AVL Mapping module, personnel in the field can access critical call information and a map from the same screen. This provides centralized access to information that personnel need to stay safe. Address cross streets, hazards, updated call comments, responding units, weather, and premises and HazMat information can be viewed alongside the map. From the AVL map, users can see the location, status, and contact information of responding units, view the quickest route to the call, and access building schematics and live camera feeds.
5.3 Voiceless Dispatch
The Flex Mobile Voiceless CAD module allows field personnel to access accurate, real-time call information from their laptop computers, preserving radio channels for other critical communication during urgent situations. The module also enables personnel to quickly:
• Update their status
• Add and view call comments
• Access radio logs and incident information without burdening dispatchers 504
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The following is an overview of key features:
5.3.1 Mobile Access to Call Information
The Flex Mobile Voiceless CAD module allows users to access information about a call’s address, nature, and any additional comments as they are entered by dispatchers. The software frees up radio frequencies for high-priority calls and eliminates the potential for misheard information, or interrupted communications. Using Mobile Voiceless CAD also prevents others from monitoring your communications over an unsecure radio channel.
5.3.2 Status Updates and Call Comments
Users can update the status of a call or unit directly from their laptop, saving valuable time and eliminating the need to notify dispatchers via radio every time a situation changes. Users can also add comments to a call, and view new comments using the Mobile Voiceless CAD module. The ability to view call comments from the field provides users with critical access to important details, alerts, and tactical updates during critical situations.
5.3.3 Efficient Radio Logs
Keep accurate radio logs for federal, state, or department records using Flex’s Mobile Voiceless CAD module. The module automatically tracks response times and status updates, eliminating the need to request a radio log history from dispatchers.
5.4 Mobile Mapping AVL
The Mobile AVL module uses advanced technology to track the location of all fleet units through Global Positioning System (GPS) receivers, providing dispatchers with optimal situational awareness when dispatching calls and allocating resources. To view this information, Flex Mobile supports a variety of GPS devices. The following summarizes several of the advantages offered:
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5.4.1 Mapping
Users can view the following from the AVL map:
• Location
• Status
• Contact information of responding units
• Quickest route to a call
• Building schematics
• Live camera feeds
Flex’s Mobile AVL Mapping module also enables personnel in the field to access critical call information and a map from a single screen. Alongside the map, they can access:
• Addresses
• Cross streets
• Hazards
• Updated call comments
• Responding units
• Weather
• Premises and HazMat information
5.4.2 Mapping Tools
This powerful functionality allows users to view call and officer locations, and receive turn-by-turn driving directions to improve response times. Users have the ability to easily:
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• Search by X and Y coordinates
• Calculate the distance between calls with a measuring tool • Hyperlink a website or photo to a call
• View predefined map layers that include:
- Law and fire zones
- Water sources
- Ortho images
5.4.3 Unit Location Display
Dispatchers and field officers can view the location of agency units and CAD calls on a jurisdictional map. This enables dispatchers to quickly assign units to calls based on proximity, and field officers can view the map to determine the shortest route to calls. Dispatchers can do this on the map by dragging a unit to a call, or vice versa.
5.4.4 Unit Status Information
The Unit Status screen complements overall situational awareness by displaying the status of dispatched units. For each unit, the software displays:
• Status
• Active call
• Assigned zone and agency
• Current location or most recent radio log entry
5.5 Driver License Scanning
Data gathered from a driver license can be used to efficiently conduct database searches and complete field reports, enhancing investigative abilities and officer safety. Flex’s Driver License Scanning module gives officers the ability to populate Mobile search screens by scanning a driver license. Additionally, scanning the license will also automatically query the local, state, and national databases. Information drawn from scanning the license includes:
• Name
• Date of birth
• Address
• Race
• Gender
• Driver license ID number
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5.5.1 Automated, Accurate Data Entry
When personnel scan a license, the Driver License Scanning module automatically populates the appropriate fields on the Mobile search screen with the driver’s information. Driver license data can be used to populate the Mobile Law Form, Mobile Accident Form, Mobile Citation Form, and Law Field Interview Form (each form sold separately), reducing redundant data entry and saving officers and personnel time in the field.
5.5.2 Customizable Searching
The Flex Driver License Scanning module can be programmed to conduct searches in local, state, and/or national databases when a license is scanned. Officers can use the information returned from those searches to:
• Determine if the license is valid
• Check for outstanding warrants
• Confirm if the vehicle is stolen
• View criminal history information
• View previous incidents involving people or vehicles
5.5.3 Dual Scanning Capability
Officers can gather information by scanning both magnetic strip and barcoded licenses where available, preventing agencies from creating redundant processes for the same action. Because the module adheres to American Administration of Motor Vehicle Administrators (AAMVA) standards, it has access to information on multiple licenses from across the nation. Its access extends to 20 states and entities that use magnetic strip licenses, and 52 states and entities that use barcode licenses.
5.6 Mobile State and National Queries
Use a state connection to search state and national databases for name, vehicle, property, guns, and wanted person records as well as available images. Users can perform state and federal searches simultaneously with one query while using the local RMS query feature to search local database information. Returns are delivered audibly as well as with visual highlights, including any alerts on records containing warnings.
5.6.1 Feature List
• State and National Database Queries
• Transaction Recall
• CAD Integration
• Mobile Integration
• Multiple Response Destinations
• Alerts
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• Voice and Highlighting
Note that this module requires the StateLink Interface.
5.7 Flex Touch
The Flex system enables personnel to have full access to the information they need on the go. With the Flex Touch interface, users can access records and images, search for data within the local database, view dispatch information, receive call assignments, and update unit status from a mobile device like a smart phone or tablet.
Flex Touch is compatible with most major smart phones, including Android, iPhone, and systems. It can also be used on an iPad or a desktop computer, allowing personnel to take full advantage of crisp, high-resolution navigation through maps and other mobile data. Below are several of the key advantages:
5.7.1 Real-Time Call Updates
Calls are color-coded by status, allowing users to quickly see whether officers have arrived on the scene and if a unit’s timer has expired. Users can view all active calls, the nature of the call, address, and any assigned units. Users can also view call comments and enter their own comments from the mobile device.
5.7.2 User-Friendly Interface
The Flex Touch interface is designed for convenient click or touch-screen navigation from a mobile digital device. Touch utilizes the same login information as the main Flex system, streamlining access to important data. Images appear on the screen as thumbnails, and can be viewed in full screen by touching or clicking on the image. Flex has configured the images for mobile digital device screens to conserve bandwidth for faster downloads. Phone numbers are automatically formatted as links so that users can direct-dial them from a device, and users can also send emails with links to a record.
5.7.3 Field Searching
The application helps provide redundancy in data access, enhance officer safety, and provide users with access to a wide range of information in the field. Flex Touch supports wildcard searching; if a search yields no results, secondary search rules are used to match a possible record. For example, if a name search yields no results, the software searches for a matching social security or driver license number. The application displays records with warrants or alerts in red, enabling the responding officer to be prepared for any possible situation. Additionally, users can search the agency database for names, property, vehicles, and incidents.
5.7.4 Data Partitioning
The partitioning feature protects sensitive data by allowing users in the field to only see records that they are authorized to view. The application obeys the partitioning rules already in place in the Flex system.
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5.7.5 Integration with Google Maps
A Google map automatically opens when an address is selected in the Flex Touch application. Users can see the current address, destination, traffic information, and turn-by-turn directions.
5.8 CommandCentral Solution Descriptions
5.8.1 CommandCentral Evidence Overview
CommandCentral Evidence provides a suite of digital evidence management tools that help users contain, organize, and act on large amounts of incoming multimedia. These tools streamline the collection, capture, storage, and sharing of data from a single location. By centralizing digital evidence storage and management, CommandCentral Evidence removes data silos and helps users get the most out of their critical information.
Users access all case content from a
single, cloud-based location. Cases
integrate records and evidence
content, allowing users to view all
media associated with a case. These
cloud-based tools help users account
for all evidence regardless of source.
CommandCentral Evidence makes it easy to secure and share content with chain of custody intact to improve collaboration.
CommandCentral Evidence is available without any upfront investment. Monthly subscription service costs include the software and video storage. And CommandCentral Evidence uses the Azure GovCloud, securing data at rest and in transit to protect communications. This complies with CJIS guidelines and the NIST framework, audited annually against the Service Organization Control 1 and 2 reporting framework.
5.8.2 The CommandCentral Platform
CommandCentral is an end-to-end platform of interconnected solutions that unify data and streamline public safety workflows from a tip or call to case closure. Through single sign-on capabilities, your personnel can access all CommandCentral software applications with one agency username and password for a more streamlined workflow. The CommandCentral platform puts your agency’s data to 510
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better use, improves safety for critical personnel, and helps keep your focus on the communities you serve.
CommandCentral evolves over time, maximizing the value of existing investments while adopting new capabilities that better meet your personnel’s growing needs. With cloud-based services and an agile development methodology through constant user feedback, Motorola Solutions can deliver new features and functionality in a more manageable, non-intrusive way.
The CommandCentral End-to-End Platform
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Section 6
Flex Subscription Offer
Statement of Work
6.1 Introduction
The System includes Equipment, pre-installed licensed software, Subscription Software (as outlined in the Solutions Description), Installation Services, and Maintenance Service. This Statement of Work sets forth the installation of the system and later sections address the maintenance of the system.
In accordance with the terms and conditions of the Agreement, this Statement of Work (SOW) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc. (Motorola) subscription bundle offering as presented in this offer to Visalia Police Department (hereinafter referred to as “Customer”). When assigning responsibilities, the phrase “Motorola” includes our subcontractors and third-party partners. When assigning responsibilities, the phase “Customer” will include Customer’s third-party vendors and subcontractors.
Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement. The Customer acknowledges that such deviations and changes to this SOW may incur additional costs. Said additional costs will be disclosed and mutually agreed upon between Motorola and the Customer pursuant to the change provisions of the Agreement and prior to any work being performed.
Unless specifically stated, Motorola work will be performed remotely. The Customer will provide Motorola resources with unrestricted direct system access to enable Motorola to fulfill its delivery obligations.
Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon Project Schedule. Any changes to the Project Schedule will be mutually agreed upon via the change provision of the Agreement.
The number and type of software or subscription licenses, products, or services provided by Motorola or its subcontractors are specifically listed in the Agreement and any reference within this document as well as subcontractors’ SOWs (if applicable) does not imply or convey a subscription license or service that are not explicitly listed in the Agreement.
Award, Administration, and Project Initiation
Project Initiation and Planning will begin following commencement of the Agreement between Motorola and the Customer.
Following the conclusion of the Project Planning Session, the Motorola Project Manager will conduct twice monthly one-hour remote status meetings with the Customer Project Manager for the purpose of baselining progress of current activities and the planning of future activities. Following the conclusion of the Contract Design Review, the Motorola Project Manager will prepare and submit monthly status reports to the Customer Project Manager. Monthly Status Reports provide a summary of the activities completed in the month, those activities planned for the following month, project progress against the 512
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project schedule, items of concern requiring attention, as well as potential project risks and agreed upon mitigation actions.
Motorola uses Google Meet as its teleconference tool. If you desire a different teleconference tool, you may provide a mutually agreeable alternate tool at Customer expense.
6.2 Project Terms
The following terms are used in this document. Since these terms may be used differently in other settings, these definitions are provided for clarity.
Project Schedule means the schedule providing dates and timeframes for completion of tasks and deliverables during the course of the project. The Project Schedule is subject to change at the mutual agreement of Motorola and the Customer.
Project Management Plan is composed of the Communications Management Plan, Risk Management Plan, and Change Management Plan that provide the criteria for managing those tasks within the project.
6.3 Subscription Based License and Additional
Integration Services Completion Criteria
The contracted system includes a subscription-based solution; the subscription service period will begin upon providing credentials to basic configuration (“basic” is defined as standard system functionality with cloud capabilities and Non customizations to the software or system) of the licensed software.
Additional Motorola Integration and Configuration are also provided as part of the Subscription. These additional services are considered complete upon Motorola performing the last task listed in a series of responsibilities or as specifically stated in Completion Criteria. The Customer’s task completion will occur per the project schedule enabling Motorola to complete its tasks without delay.
You will provide Motorola written notification that it does not accept the completion of Motorola responsibilities or rejects a Motorola service deliverable within five (5) business days of completion or receipt of a deliverable.
The Service Completion will be acknowledged in accordance with the terms of Master Customer Agreement and the Service Completion Date will be memorialized by Motorola and the Customer.
Software System Completion will be in accordance with the terms of the Software Products Addendum unless otherwise stated in this Statement of Work.
6.4 Project Roles and Responsibilities Overview
6.4.1 Motorola Project Roles and Responsibilities
A Motorola team will be assigned to the project under the direction of the Motorola Project Manager.
Team members will be multidisciplinary and may fill more than one role. Team members will be engaged in different phases of the project as necessary. 513
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In order to maximize efficiencies Motorola’s project team will provide services remotely via teleconference, web-conference, or other remote method in fulfilling its commitments as outlined in this Statement of Work. Motorola project team resources will be onsite at the Customer location as noted in this Statement of Work.
The personnel role descriptions noted below provide an overview of typical project team members. One or many resources of the same type may be engaged as needed throughout the project. There may be other personnel engaged in the project under the direction of the Project Manager.
Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry-leading processes, and integrated software tools for effective project execution and control, we have developed and refined practices that support the design, production, and testing required to deliver a high quality, feature-rich system.
6.4.1.1 Motorola Project Manager
A Motorola Project Manager will be assigned as the principal business representative and point of contact for the organization. The Project Manager’s responsibilities include:
• Manage the Motorola responsibilities related to the delivery of the project. • Maintain the project schedule and manage the assigned Motorola personnel and applicable subcontractors/supplier resources.
• Manage the Change Order process per the Agreement.
• Maintain project communications with the Customer.
• Identify and manage project risks.
• Collaborative coordination of Customer resources to minimize and avoid project delays. • Measure, evaluate, and report the project status against the Project Schedule. • Conduct remote status meetings on mutually agreed dates to discuss project status. • Prepare and submit a monthly status report that identifies the activities of the previous month, as well as activities planned for the current month, including an updated Project Schedule and action item log.
• Provide timely responses to issues related to project progress.
6.4.1.2 Application Specialist
The Motorola resource will work with your project team with system provisioning. The Application Specialist’s responsibilities will include:
• Provide provisioning training and guidance to the Customer to set up, operate, and maintain the system.
• Provide support during the transition to live use operations of the Flex system.
6.4.1.3 Flex Training Specialist
The Flex Training Specialist provides instruction on the Flex software application. The Flex Training Specialist responsibilities include:
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• Teaching and instructing the customer’s end users and staff on the use and operating methods of Flex software products and services.
• Conducting onsite and/or virtual training of Motorola Flex software modules. • Presenting training using a variety of classroom training methods, including lecture, online projection, live demonstration, etc.
• Maintaining communication with the Project Manager, Application Specialist, and agency contact(s) related to the training plan.
6.4.1.4 Solution Specialist
The Solution Specialist is responsible for influencing and driving optimal outcomes of the software solution. Specific responsibilities include the following:
• Consulting with the Customer on objectives and guiding best practice adoption. • Driving early engagement of key project stakeholders to understand end-to-end workflows affecting outcomes.
• Providing training expertise that addresses your unique needs, objectives, and requirements.
6.4.1.5 GIS Specialist
The Motorola GIS Specialist specializes in geographical information technology. Responsibilities of the Motorola GIS Specialist include the following:
• Perform the GIS analysis on the Customer-supplied GIS source data. • Provide the results of the GIS analysis based on the requirements of the Motorola GIS Build Requirements document to include:
- Geocoding Data.
- Centerlines to support Routing.
- Response Area Polygons.
• Offer consultation services for the conversion of your GIS source data for Motorola use. • Provide instruction on the use of GIS as it pertains to the Motorola system.
6.4.1.6 Solutions Architect
The Solutions Architect is responsible for the delivery of the technical and equipment elements of the solution. Specific responsibilities include:
• Confirmation that the delivered technical elements meet contracted requirements. • The delivery of interfaces and integrations between Motorola products. • Remain engaged throughout the duration of the delivery.
6.4.1.7 Customer Success Onboarding Advocate
A Customer Success Advocate will be assigned to the you post Go-Live event. The Customer Success Advocate’ responsibilities include:
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● Assist you with maximizing the use of their Motorola software and service investment. ● Actively manage, escalate, and log issues with Support, Product Management, and Sales. ● Provide ongoing customer communication about progress, timelines, and next steps.
6.4.1.8 Customer Support Services Team
The Customer Support Services team will provide ongoing support following commencement of beneficial use of your System(s) as defined in Customer Support Plan.
6.4.2 Customer Core Team, Project Roles, and Responsibilities Overview The success of the project is dependent on early assignment of a Customer Core Team. Motorola has defined the following key resources that are critical to this project and must participate in all the activities further defined in this Statement of Work. During the Project Planning phase, you will be required to deliver names and contact information for the below listed roles that will make up the Customer Core Team. In many cases, the Customer will provide project roles that correspond with Motorola’s project roles. It is critical that these resources are empowered to make decisions based on your operational and administration needs. The Customer Core Team will be engaged from project initiation through beneficial use of the system. Their continued involvement in the project and use of the system will convey the required knowledge to maintain the system post-completion of the project and drive change and user adoption. In some cases, one person may fill multiple project roles. The Customer Core Team must be committed to participate in activities for a successful implementation. In the event that you are unable to provide the roles identified in this section Motorola may be able to supplement Customer resources at an additional price.
6.4.2.1 Customer Project Manager
The Project Manager will act as your primary point of contact for the duration of the project. The Project Manager is responsible for management of any third-party vendors that are the Customer’s subcontractors. In the event the project involves multiple agencies, Motorola will work exclusively with a single Customer-assigned Project Manager (the primary Project Manager). The Project Manager’s responsibilities include:
• Communicate and coordinate with other project participants. • Manage the Customer project team including timely facilitation of efforts, tasks, and activities. • Maintain project communications with the Motorola Project Manager. • Identify the efforts required of Customer staff to meet the task requirements and milestones in this SOW and Project Schedule.
• Consolidate all project-related questions and queries from your staff to present to the Motorola Project Manager.
• Review the Project Schedule with the Motorola Project Manager and finalize the detailed tasks, task dates, and responsibilities.
• Measure and evaluate progress against the Project Schedule. • Monitor the project to ensure resources are available as scheduled. • Attend status meetings.
• Provide timely responses to issues related to project progress. 516
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• Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers.
• Review and administer change control procedures, hardware and software certification, and all related project tasks required to maintain the Project Schedule. • Ensure Customer vendors’ adherence to overall Project Schedule and Project Plan. • Assign one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one Application Administrator for the system and one or more representative(s) from the IT department.
• Identify the resource with authority to formally acknowledge and approve Change Orders, approval letter(s), and milestone recognition certificates, as well as approve and release payments in a timely manner.
• Provide building access to Motorola personnel to all Customer facilities where system equipment is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel if required for access to facilities. • Ensure remote network connectivity and access to Motorola resources. • As applicable to this project, assume responsibility for all fees for licenses and inspections and for any delays associated with inspections due to required permits. • Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service.
• Ensure a safe work environment for Motorola personnel. • Provide signatures of Motorola-provided milestone certifications and Change Orders within five (5) business days of receipt.
6.4.2.2 System Administrator
The System Administrator manages the technical efforts and ongoing tasks and activities of their system as defined in the Customer Support Plan (CSP).
6.4.2.3 System Application Administrator (SAA)
The Application Administrator(s) manage the Customer-owned provisioning maintenance and Customer code tables required to enable and maintain system operation. The Application Administrator’s involvement will start at the Business Process Review (BPR) stage of the project. They will attend provisioning and training events and remain engaged throughout the project to ensure they are able to maintain the provisioning post Customer Provisioning handoff. For solutions that consist of multiple Motorola products (e.g. CAD and Records) you may elect to have multiple Application Administrators. The Application Administrator’s responsibilities include:
• Participate in overall delivery and training activities to understand the software, interfaces, and functionality of the system.
• Participate with the SMEs during the BPR, provisioning process, and training. • Authorize global provisioning choices and decisions, and be the point(s) of contact for reporting and verifying problems and maintaining provisioning.
• Obtain inputs from other user agency stakeholders related to business processes and provisioning.
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6.4.2.4 GIS Administrator
The GIS Administrator is responsible for the development and maintenance of all the GIS data used in the Motorola system. The GIS Administrator must have a working knowledge of Esri software including ArcDesktop and ArcPro. Administrator proficiency with model builder, toolbox tools, Network Analyst, and general database structures is key to the GIS Administrators ability to manage the GIS needs of the Motorola system. Duties for this resource include: providing data in the correct schema; developing, maintaining and updating GIS data; support the GIS elements used in Motorola software; keep in regular communication with the other administrative resources.
6.4.2.5 Subject Matter Experts
The Subject Matter Experts (SME) are the core group of users involved with the Business Process Review (BPR) and analysis, the provisioning process, including making global provisioning choices and decisions, and training. These members should be experienced users in the working area(s) they represent, i.e. dispatch, patrol, etc., and should be empowered to make decisions related to provisioning elements, workflows, and screen layouts.
6.4.2.6 IT Personnel
IT personnel provide required information related to LAN, WAN, wireless networks, server, and client infrastructure. They must also be familiar with connectivity to internal, external, and third-party systems to which the Motorola system will interface.
Training Representative
Training representatives will be the point of contact for the Motorola Application Specialist when policy and procedural questions arise. They will act as course facilitators and are the Customer’s training monitors.
6.4.2.7 Additional Resources
Additional resources, such as trainers and database administrators, may also be required.
6.4.2.8 User Agency Stakeholders
User Agency Stakeholders, if the system is deployed in a multi-agency environment, are those resources representing agencies outside of your agency. These resources will provide provisioning inputs to the Customer Core Team if operations for these agencies differ from that of the Customer.
You will manage User Agency Stakeholder involvement, as needed, to fulfill Customer responsibilities.
6.4.3 General Customer Responsibilities
In addition to the Customer Responsibilities stated elsewhere in this SOW, you are responsible for:
• All Customer-provided equipment including hardware and third-party software necessary for delivery of the System not specifically listed as a Motorola deliverable. This will include end user workstations, network equipment, telephone, or TDD equipment and the like. 518
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• Configuration, maintenance, testing, and supporting the third-party systems the Customer operates which will be interfaced to as part of this project. For those third-party systems, you are responsible for providing Application Programming Interface (API) documentation that details the integration process for the level of interface integration defined by Motorola. • Initiate, coordinate, and facilitate communication between Motorola and the Customer’s third- party vendors as required to enable Motorola to perform its duties. • Active participation of Customer Core Team in project delivery meetings and working sessions during the course of the project. Customer Core Team will possess requisite knowledge of your operations and legacy system(s) and possess skills and abilities to operate and manage the system.
• Provision Customer code tables, following CAD Admin Training. • Provisioning of GIS data as requested by Motorola. This information must be provided in a timely manner in accordance with the Project Schedule.
• Electronic versions of any documentation associated with the business processes identified. • Providing a facility with the required computer and audio-visual equipment for training and work sessions.
• Ability to participate in remote project meeting sessions using Google Meet or a mutually agreeable, Customer-provided, alternate remote conferencing solution. • Allow Motorola remote access (24-hour access to a secured two-way Internet connection to the Motorola system firewalls for the purposes of deployment, maintenance, and monitoring).
6.5 Project Planning
A clear understanding of the needs and expectations of both Motorola and the Customer are critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of project-specific information in order to set clear project expectations and guidelines, create the Project Management Plan and project schedule, and set the foundation for a successful implementation. Examples of information gathered include the Business Process Review Agency Pre- Kickoff Survey (a Google survey that is sent to you to collect agency-specific information, such as dispatch logistics, communication center information, operational process, and workflow).
6.5.1 Project Planning Session – Telecommunication / Web Meeting A Project Planning Session teleconference will be scheduled after the Agreement has been executed.
The Project Planning Session is an opportunity for both the Motorola and Customer PMs to meet prior to the formal Project Kickoff meeting and review key elements of the project as well as expectations of each other. The agenda typically includes:
• A high level review of the following project elements:
- The Agreement documents.
- A summary of the contracted applications, query(ies) and interface(s), and bill of materials. - Project delivery requirements as described in this SOW. - Which tasks will be conducted by onsite Motorola resources as well as the activities when the Motorola Project Manager will be onsite.
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- Customer involvement in provisioning to confirm understanding of the scope and required time commitments.
- The high level Project Schedule milestones and dates. - The Project Management Plan structure.
• Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or contractors. Required fingerprints will be submitted on Motorola provided FBI FD-258 Fingerprint cards.
• Review CommandCentral Admin and Learning eXperience Portal (LXP) roles in the Project Plan and provide Customer User Name and Access Information.
• Discuss Motorola remote access requirements (24-hour access to a secured two-way Internet connection to the Motorola system firewalls for the purposes of deployment, maintenance, and monitoring).
• Discuss your obligation to manage change among the stakeholder and user communities. • Review Software System completion criteria and the process for transitioning to support.
6.5.1.1 Motorola Responsibilities
• Schedule the remote Project Planning Session.
• Request the assignment and attendance of Core Team and any additional Customer resources that are instrumental in the project's success, as needed. • Provide the initial Project Schedule and Project Management Plan. • Confirm Customer receipt of the TPS packet and GIS Build Requirements Document. • Conduct a review of the Project Management Plan.
• Baseline the Project Schedule.
• Review Motorola’s delivery approach and its reliance on Customer-provided remote access. • Document the mutually agreed upon Project Kickoff Meeting Agenda. • Request user information required to establish the Customer in the Motorola Learning eXperience Portal (LXP).
• Establish the Customer within the CommandCentral cloud platform enabling CommandCentral as outlined in the Solution Description.
• Provide you with a web link (URL) to the CommandCentral Admin application on via the web (Chrome browser).
6.5.1.2 Customer Responsibilities
• Confirm with Motorola Customer GIS Administrator reviews the GIS Build Requirements Document.
• Provide existing GIS source data to Motorola by the start of Project Kickoff and Discovery. • Identify Customer Core Team and any additional Customer resources that are instrumental in the project's success, as needed.
• Provide acknowledgement of the mutually agreed upon Project Kickoff Meeting agenda. • Provide approval to proceed with the Project Kickoff meeting. 520
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• Provide LXP and CommandCentral user information: first name, last name, unique email address, and role.
• Verify that your Administrator(s) have access to the LXP and CommandCentral Admin Console. • Review and complete the Business Process Review Agency Pre-Kickoff Survey within ten (10) business days of the Project Planning Session to avoid impact on the Project Schedule.
6.5.1.3 Motorola Deliverables
• Project Kickoff Meeting Agenda.
• Project Management Plan.
6.5.2 Interface Planning
The objective of the interface planning teleconference is to discuss the user experience presented by each contracted interface. Topics of discussion will include:
• Reviewing the functionality delivered with each interface. • Reviewing the deployment requirements and dependencies of each interface (NDA, network information, API, and access credentials required to connect to third-party systems). • Reviewing the interface delivery and validation process.
Note - The interface deployment requirements (NDA, network information, API, and access credentials) may be required to connect to third-party systems. Particular requirements must be satisfied prior to the deployment of the interfaces. Delayed, incomplete, or inaccurate information may have a significant impact on the Pro ject Schedule.
Motorola is not responsible for third-party vendor management, scheduling, or additional cost for software, customization, development, or testing unless the work is defined in this SOW or amended to the Agreement via a change order.
6.5.2.1 Motorola Responsibilities
• Discuss the need for additional information such as third-party API, SDKs, data schema, and any internal and third-party documents necessary to establish interfaces. • Conduct reviews of the interface to explain how each functions as well as any dependency on third-party API, SDKs, data schema, and any internal and third-party documents necessary to establish interfaces with local and remote systems.
• Review the functional interface demonstration process.
6.5.2.2 Customer Responsibilities
• Provide all required third-party API and SDK licensing and documentation for your existing systems.
• Discuss and collect information on third-party API, SDKs, data schema, and any internal and third-party documents necessary to establish interfaces with all local and remote systems and facilities within ten (10) days of the Project Kickoff Meeting to avoid impact on the Project Schedule.
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• Establish network connectivity between the Motorola server(s) and all third-party interface demarcations.
6.6 Endpoint Security Deployment
In order to establish initial expectation for deployment, Motorola will work with you on preparedness for implementation and support of Endpoint Detection and Response (EDR) with Security Operations Center (SOC) monitoring.
6.6.1.1 Motorola Responsibilities
• Schedule an EDR kickoff meeting with the Customer.
• Provide detailed requirements regarding your infrastructure preparation actions within 10 business days of the EDR kickoff meeting.
• Provision tools in accordance with the requirements of the EDR Service. • Provide required Customer deployment actions within 10 business days for the completion of infrastructure readiness tasks.
6.6.1.2 Customer Responsibilities
• Provide assistance to Motorola to perform the Services; this assistance could include, but is not limited to, smart hands assistance with issues that may require physical access to the software affected by the EDR Services or virtual assistance with environmental issues that require administrative access.
• Attend EDR kick off meeting.
• Perform all network and system integrations necessary, as outlined by Motorola, for EDR. This will include, but not limited to, external internet connectivity for EDR security components. • Install agents on EDR Service system components.
• Provide the name, email, and telephone numbers for all shipping, installation, and security points-of-contact.
• You must accomplish all infrastructure preparation tasks, as outlined in the Project Schedule.
6.7 CommandCentral Enablement (Milestone)
Your cloud based features and functionality, as listed in the System Description, will be enabled and connected to the ancillary systems as defined in the Project Schedule. As new features and functionality are added to these base applications they will become available to you during deployment and for the term of the subscription.
You will work with Motorola on the setup and configuration of your firewall in order to allow traffic from CommandCentral.
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6.7.1 Agency and User Setup
The Customer’s agency(s) and CommandCentral users must be provisioned within the CommandCentral cloud platform using the CommandCentral Admin Console. The provisioning process allows the agency(s) to define the specific capabilities and permissions of each user.
6.7.1.1 Motorola Responsibilities
• Use the CommandCentral Admin tool to establish Customer and Customer’s agency(s) within the CommandCentral cloud platform. This activity is completed during the order process. • Provision agency’s CommandCentral initial users and permissions.
6.7.1.2 Customer Responsibilities
• Identify a System Administrator(s).
• Ensure all System Administrators complete the LXP CommandCentral Admin training. • Use the CommandCentral Admin Console to set up CommandCentral administration and user passwords, and provision agency’s CommandCentral users and permissions.
6.7.1.3 Motorola Deliverable
• Initial agencies and users have been configured.
6.7.2 CloudConnect Installation and Configuration
Your agency(s) and CommandCentral users must be provisioned within the CommandCentral cloud platform using the CommandCentral Admin Console. The provisioning process allows the agency(s) to define the specific capabilities and permissions of each user. Remotely complete the installation of CommandCentral Connector to include networking, firewall and load-balancer configurations.
6.7.2.1 Motorola Responsibilities
• Create CommandCentral Agencies
- Production Agency – Use the Customer’s existing agency if available or create a new Agency if needed.
- Non-Production Agency – New CommandCentral Agency for the non-production CommandCentral Connector to facilitate software evaluation and training. • Remotely install CommandCentral Connector on the follow Flex environments:
- Primary - Production
- Disaster Recovery – Production
- Hosting Site – Non-Production (Training or Staging)
• Verify network connectivity and test connection between Flex and CommandCentral.
6.7.2.2 Customer Responsibilities
• Provide a network path from the Flex firewall to the internet. 523
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- Open the firewall ports or FQDNs specified by Motorola to facilitate connectivity between CommandCentral Connector and the Cloud Services.
- Provide an external internet connection to a Network Time Protocol (NTP) source of NIST or Google.
- Provide an internet connection with capacity, as stated in in the Networking Guide provided by Motorola Solutions, to support the operations of all Motorola hybrid solutions. • Participate in Cloud Agency configuration and testing.
6.7.2.3 Motorola Deliverable
• CloudConnect Virtual Machine configuration is complete.
6.7.3 CloudConnect Workstation Configuration
6.7.3.1 Motorola Responsibilities
• Verify remote access to workstation(s).
• Request IP address to target workstation(s).
• Configure contracted CommandCentral workstation(s).
6.7.3.2 Customer Responsibilities
• Provide a dedicated delivery point for receiving, inventory, and storage of equipment. • Receive and inventory contracted equipment (reference equipment list). • Perform physical installation of the CommandCentral Solution workstations. Connect to power and network. Assign IP addresses for the network.
• Give assigned IP addresses of target workstation(s) to Motorola. • Provide remote access to the CommandCentral Solution workstation(s).
6.7.4 CommandCentral Provisioning
Motorola will discuss industry best practices, current operations environment, and subsystem integration in order to determine the optimal configuration for CommandCentral Solution.
6.7.4.1 Motorola Responsibilities
• Using the CommandCentral Admin Console, provision users, groups, and rules based on your Active Directory data.
6.7.4.2 Customer Responsibilities
• Supply the access and credentials to your Active Directory for the purpose of Motorola conducting CommandCentral Solution provisioning.
• Respond to Motorola inquiries regarding users/groups/agency mapping to CommandCentral Solution functionality.
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6.7.5 Client Installations
6.7.5.1 Customer Responsibilities
• Need to validate the RAM capacity and the hard drive space based on Motorola requirement.
6.7.5.2 Motorola Deliverables
• Installation Guide.
6.7.6 Assist Map CloudConnect Installation and Configuration
6.7.6.1 Motorola Responsibilities
• Verify remote access capability.
• If Motorola is providing hardware, perform physical installation of the Cloud Anchor Server on existing equipment rack, connect to power and network, and assign IP addresses for the network.
• Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server. • Configure network connectivity and test connection to the CloudConnect Virtual Machine.
6.7.6.2 Customer Responsibilities
• If Customer is providing hardware, install Cloud Anchor Server in Customer’s existing equipment rack and conduct a power on test demonstrating its availability to Motorola to commence with software installation and configuration activities. • Give Motorola two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the CloudConnect Server.
6.7.6.3 Completion Criteria
• CloudConnect Virtual Machine configuration is complete.
6.7.7 Cloud Enablement
The Cloud component of this solution is made up of three different Cloud applications: Alert, Collaborate and Link.
Alert is a cloud-based mass notification platform that enables you to send critical information and alerts to employees and the public via text, voice calls and email. Link is a comprehensive event management platform that enables streamlined communication and coordination for 9-1-1 agencies, particularly during high-pressure incidents and emergencies. Collaborate is a secure and interoperable situational awareness solution that enables enhanced 9-1-1 response by sharing data and automating workflows between dispatchers, first responders, and emergency personnel. 525
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6.7.7.1 Motorola Responsibilities
• Configure agency specific alerts, workflows, and protocols • Integrate Link with your current CAD system.
- Integration of Link with Flex CAD will occur during deployment, as defined in the Project Schedule.
• Implementation and configuration of Smart 911 data with your 9-1-1 system (only applicable if agencies are currently leveraging the Smart911 feature and it is already installed and operational in their current 9-1-1 system).
6.7.7.2 Customer Responsibilities
• Provide requested access to systems, data, and personnel to assist in Motorola’s enablement of Cloud applications.
• Participate with Motorola in configuration of alerts, protocols and workflows to enable knowledge transfer of Cloud solution management.
Smart911® - Access critical person information, including health and emergency contact information.
NOTE: Smart911 must be purchased separately. If customer has Smart911, they will have access to Smart911 data in the assist map.
6.8 Business Process Review (BPR)
The purpose of the BPR is to review the contracted software with your project team. Unless otherwise noted the remote review will be scheduled over up to three (3) concurrent business days. The Motorola Application Specialist will coordinate the delivery of the BPR. The BPR is a focused discussion regarding related operational policies, workflows, and data entry standards. Your policies and current workflow will assist Motorola in consulting with you on ways in which to optimize system configuration.
You are responsible for developing data entry standards and policies to ensure users enter data correctly and in conformity with quality assurance expectations. At the BPR, Motorola will provide and explain sample data entry standards as a starting point for the Customer. You will need to revise the sample standards to meet its specific needs. Once standards are established, you will be expected to formalize the policy as standard operating procedure for data entry tasks and share the agency data entry standards with Motorola prior to the start of end user training. Motorola will incorporate the data entry standards into end user training.
Motorola will conduct a single BPR session to review workflow and forms with the Customer. You will assemble a group of representatives from the host and user agencies (as applicable) to review existing paper forms and manual reports that may be eliminated, or require modification by the Customer, as a result of assuming operation of the Motorola system. Additionally, the review session provides Motorola and the Customer the opportunity to review current operational processes identifying opportunities for you to streamline or modify processes in order to optimize the functionality of the Motorola system. The BPR session can be conducted during any three (3) consecutive business days Monday through Friday 8:00 a.m. to 5:00 p.m. local Customer time.
The Customer is responsible for engaging and obtaining input from stakeholders that affect provisioning decisions made by the Customer.
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The BPR agenda includes items such as:
• Business Process Review Survey Responses.
• Overview of the contracted Product.
• Provisioning processes.
• Agency and Discipline Information (Role Type, # of Personnel, shift types). • User Permissions/Security Groups.
• Interface Field Mapping Provisioning.
• Code Tables.
• Workflows.
• Available Reports.
• Role-based Training Recommendations.
• Additionally for CAD deployments, discuss:
- Agency data gathering (includes incident types, unit status codes, dispositions, unit IDs, and personnel).
- Dispatcher/Responder workflow (incident creation to closure). - Recommended units and/or Response Plans.
- Notifications and Status Monitors.
6.8.1.1 Motorola Responsibilities
• Provide the BPR Agenda/Workbook prior to the meeting. • Conduct a Product overview demonstration.
• Review the documented business processes and provide configuration options. • Review the completed BPR Workbook.
• Conduct the BPR session.
6.8.1.2 Customer Responsibilities
• Review the BPR Agenda/Workbook prior to the meeting.
• Schedule applicable resources for remote interview sessions. • Provide resources knowledgeable in your business processes to provide relevant documentation on the workflow and operating procedures. • Provide required information to complete the BPR, such as personnel information, workflow configuration and agency logo (if desired by the Customer). • Review the completed BPR Workbook.
• Share the agency data entry standards with Motorola.
6.8.1.3 Motorola Deliverables
• Completed BPR Workbook.
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NOTE: Any features and or functionalities that are not chosen upon initial implementation may be added at a later point in time. However, Customer understands and agrees that additional integration costs and/or hardware charges may apply if such features and/or functionality are added later.
6.9 Base System Interfaces and Integration
The installation, configuration, and demonstration of interfaces may be an iterative series of activities depending upon access to third-party systems. Interfaces will be installed and configured as reviewed during the Project Kickoff. Integrated functionality between Motorola developed products will be completed through the software installation and provisioning activities described herein. Integration activities that have specific requirements will be completed as outlined in this SOW.
6.9.1 Interface Deployment
Connectivity will be established between the Motorola system and the external and/or third-party systems to which the contracted software will interface. Motorola will configure the system to support each contracted interface. You are responsible for engaging third-party vendors if and as required to facilitate connectivity and testing of the interfaces.
6.9.1.1 Motorola Responsibilities
• Establish connectivity to external and third-party systems. • Configure interfaces to support the functionality described in the System Description and reviewed during the Interface Planning Session.
• Validate each interface can transmit and/or receive data in accordance with the System Description.
6.9.1.2 Customer Responsibilities
• Act as liaison between Motorola and third-party vendors or systems as required to establish interface connectivity with the Motorola system.
• Provide personnel proficient with and authorized to make changes to the network and third-party systems to support Motorola’s interface installation efforts. • Provide network connectivity between Flex and the third-party systems.
6.9.1.3 Motorola Deliverables
• Contracted Interfaces.
6.9.2 Integration Activities
Proprietary processes enable the transfer and receipt of data between Motorola systems.
6.9.2.1 Motorola Responsibilities
• Establish and validate connectivity between the Motorola systems. 528
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• Validate each system can transmit and/or receive data. • Enable the Data Exchange API (DEX) and on-board your third-party vendor via the partner program, if/as contracted.
6.9.2.2 Customer Responsibilities
• Provide personnel proficient with and authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.
• Provide network connectivity between the Motorola systems. • Work with your third-party vendor to sign up for the partner program. Participation in the Partner program is not included in this offer and is a post contract purchase. If purchased, Motorola will provide the instructions to signup, post, contract if purchased. • Cover any license fees access to the DEX API or participation in the Advanced Partner Program not included in the contract.
6.9.3 Federal National Incident Based Reporting System (NIBRS) Crime reporting functionality is delivered as part of the software delivery task and is provisioned through the provisioning activities outlined in this SOW. Given the critical nature of crime reporting, the following supplemental tasks are provided for emphasis:
6.9.3.1 Motorola Responsibilities
• Deliver the NIBRS reporting capability.
• Collaborate with you to understand any provisioning parameters that may be or are impacting NIBRS submission acceptance in the event of an initial failed submission. • Delivery Motorola NIBR Training class 503-V.
6.9.3.2 Customer Responsibilities
• Maintain code tables to account for any requirements necessary to be compliant with state specific reporting requirements, changes or additions, as required by the State. • Initiate a NIBRS submission to the State.
• Resolve any provisioning issues impacting State submission acceptance.
6.9.4 Reports
Motorola will deliver the standard reports library and, unless specifically contracted, has not included the effort to develop any Customer-specific or Customer-defined reports.
6.9.5 Interface Validation
The objective of Interface Validation is to verify that the installed interfaces perform in accordance with the user experience as reviewed during the Interface Planning Session. 529
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Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer resources to perform work required to enable/provision and/or configure an interface to a third-party system, or troubleshooting any issues on your third-party systems.
Interfaces that cannot be tested due to connectivity issues to external systems or the unavailability of your third-party system will be demonstrated to show that Motorola’s portion of an interface is enabled to send and/or receive data that supports the user experience. In such cases, Motorola demonstrating the elements within Motorola’s control will constitute a successful demonstration and completion of the demonstration task.
6.9.5.1 Motorola Responsibilities
• Conduct Interface Validation demonstration.
• Develop a Remediation Plan for anomalies that do not align with Motorola’s stated user experience.
• Manage the Remediation Plan and take Motorola remediation actions.
6.9.5.2 Customer Responsibilities
• Provide access to a resource with access to the interfacing system to validate functionality. • Witness the execution of the demonstration and acknowledge successful completion. • Participate in the documentation of anomalies and work with Motorola to develop remediation action(s).
• Coordinate and manage your remediation actions.
6.9.5.3 Motorola Deliverable
• Completed Interface Validation Results.
• Remediation Plan (as applicable).
6.10 Future Migration
During the term of the subscription, you may opt to transition to Motorola’s full cloud CAD | RMS suite.
Exercising this option will limit scope to all functionality contained in the full cloud CAD | RMS suite base offer and all available cloud add-on subscription and services that are equivalent to your on- premises functional entitlements, at the time of full cloud suite adoption.
Professional services associated with provisioning and/or training end users on Motorola’s full cloud CAD | RMS suite will be available at an additional price. 530
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6.11 Application Monitoring by Solutions II
6.11.1 Description of Services
The Application Monitoring and Update services include monitoring of the Motorola Flex Application and operating system updates on one virtual machine and do not include any system administration or remediation services for the system being monitored and updated. Any assistance provided by Solutions II, as part of the Application Monitoring service is limited to informing the Agency of problems and issues detected by monitoring.
Solutions II staff will monitor and provide update services for the following components as detailed in below in this description of services.
1. One (1) virtual machine running the Spillman Flex application a. Operating System updates
b. Solutions II Flex Application Monitoring
I. Database Monitoring
II. Web Interface Monitoring
III. Tomcat Service Monitoring
c. Operating System performance monitoring
I. CPU
II. Memory
III. File System
2. One (1) virtual machine running the Test Spillman Flex application a. Operating System updates
c. Operating System performance monitoring
I. CPU
II. Memory
III. File System
Ten (10) hours of pre-paid support per year is available for work scheduled at least 1 week in advance, and performed during the hours of 8am to 5pm, Monday – Friday. After hours and weekend work scheduled at least 1 week in advance will consume pre-paid hours at a rate of 1.25 pre-paid hours per 1 hour of actual work performed. Any unscheduled or emergency work will consume pre-paid hours at a rate of 1.5 pre-paid hours per 1 hour of actual work performed.
Pre-paid support hours are intended for critical support services on the infrastructure supporting the Spillman Flex application and are not a suitable replacement for regular system administration.
1. Support may be used for critical support services on the following infrastructure supporting Spillman Flex application.
A. HPE, Dell, Cisco and Lenovo servers.
B. VMware vSphere and vSAN software.
C. OS administration on virtual machines supporting the Spillman Flex application.
2. Support will be scheduled in advance for a mutually agreed upon date and time. If urgent help is needed and cannot be scheduled in advance, Solutions II will engage on a “best effort” basis and After Hour rates may apply.
3. Remote access will be achieved via WebEx or similar mechanism under oversight of the Agency’s designated representative.
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4. Unused Support will expire at the termination date of the contract.
Solutions II shall be responsible for performing all tasks necessary to provide the following services listed below as part of this service. The frequency that tasks are performed depends on the type of task and how critical the task is to maintain system availability. Tasks will generally fall under the following categories and are performed at the listed frequencies.
Monitoring: Monitoring is a non-disruptive automated task that runs continuously and is maintained as needed to ensure issues are detected and resolved as quickly as possible.
Operating System Patches and Updates to the Flex Server: Scheduled and performed quarterly unless a critical update is identified. Services will be performed according to industry best practices to address security issues, add needed functionality or to improve the ability of Solutions II to support the environment.
Patches, Updates, Upgrades and System Administration for all other hardware and software is not included with this service.
6.11.2 Infrastructure Monitoring
1. Application Monitoring of the Spillman Flex application A. Database service and logs
B. Tomcat and Interfaces server service and logs
C. Web Interface
2. Other Monitoring on the Primary and Test Flex Servers A. OS performance and resource usage
6.11.3 System Administration Services
1. Flex Server Operating System Updates
A. Quarterly scheduled upgrades and patches of the operating system running the Spillman Flex application, with the assumption the Agency’s environment is licensed for and can support the desired OS version.
B. Emergency patching of the Operating System running the Spillman Flex application to address vulnerabilities with a CVSS 3.0 severity of “Critical” and that have been identified by Motorola or Solutions II to affect the environment.
Any out of scope or additional work associated with the customers environment will draw from pre-paid support.
6.11.4 Reporting
1. Application Monitoring Reports - Available with the Application Monitoring and Full Managed Services
A. Automated reports generated as required by the Agency i. Application Database
ii. Tomcat Application Server
iii. Web Interfaces
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Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Flex Subscription Offer Statement of Work
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Motorola Solutions Confidential Restricted
2. Flex Server OS Health Report
A. Automated reports generated as required by the Agency i. Virtual Machine CPU and memory utilization
ii. File system capacity and useage
6.11.5 Agency Responsibilities
Solutions II’s performance is dependent upon Motorola and the Agency for fulfillment of their responsibilities, at no charge to Solutions II. Any delay in performance of these responsibilities may result in additional charges and/or delay of the completion of the services. Such additional charges and/or delay will be handled in accordance with the change order procedure.
Motorola will ensure the Agency is aware of and complies with the following responsibilities:
1. The Agency will provide the network infrastructure and access required for Solutions II to deliver the Monitoring Services in scope.
2. The Agency will provide a Windows Server virtual machine with adequate resources to deploy a monitoring collector. The Windows Server VM will require at least 2 vCPU, 2GB of free memory and 75GB of free storage.
3. The Agency will ensure all systems to be monitored by Solutions II are operational and stable prior to Launch.
4. The Agency will ensure that all systems to be monitored by Solutions II are covered by a valid support contract with the appropriate vendor, and such coverage will be maintained throughout the term of this SOW with Solutions II.
5. The Agency is responsible for obtaining and maintaining all necessary licensing for the environment.
6. Tasks will be performed through a combination of coordination via telephone, email, or other remote means as appropriate and as mutually agreed.
7. The Agency will provide the following technical and management resources to participate in the implementation and ongoing support of Solutions II’s Services.
A. An authorized contact who will be responsible for approving business or technical changes (for example, approving access or maintenance activities).
B. Authorized contacts with physical access to hardware being managed by Solutions II that can assist with simple tasks that must be performed onsite (for example, checking status lights on hardware or plugging in network connections).
8. The Agency will notify Solutions II when conducting work that may have an impact on the monitored environment.
9. The Agency will perform environment remediation as recommended by Solutions II during the Agency environment readiness assessment and throughout the term of the contract.
10. The Agency is responsible for maintaining any infrastructure outside of the environment which affects the delivery of Monitoring Services.
11. Infrastructure components (hardware and software) must meet the vendor’s minimum requirements for any upgrade or patch to be installed. If the vendor’s minimum requirements are not met, Solutions II and the Agency may mutually agree to move forward with the change, based on additional information available at the time.
533
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
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12. The Agency does not have any business or regulatory requirements that prohibit services to be performed by individuals other than they must be legally authorized to work in the United States.
13. In the event Solutions II provides training and/or support services to Client or Agency via Solution II’s or Client’s or Agency’s video conference service (“Video Support”), Client and/or Agency shall have the right to request that Solutions II record and make available to Client or Agency the Video Support if it is provided through Solutions II’s service, or may record the Video Support directly if it is provided through Client’s or Agency’s service, in each case solely for Client’s or Agency’s internal use and not for release to any third parties or the public. Client and Agency acknowledges that the Video Support may include discussions of proprietary and confidential information belonging to Solutions II or Client or Agency and that Client and Agency shall be solely responsible for, and shall indemnify Solutions II for, any damages or other costs resulting from Client’s or Agency’s statements made during the Video Support or the disclosure of any confidential or proprietary information by Client or Agency and eithers of their employees or representatives, including any damages resulting from Client’s or Agency’s or eithers of their employees’ or representatives’ social media posts.
14. The Agency has no requirement pertaining to the location or jurisdiction where remote services are to be performed.
6.12 Existing Product Breakdown
Description Quantity Term
Flex
Core Integration
HUB MAINTENANCE - STANDARD 24x7 1 5 YEAR
Resource Management
LICENSES & PERMITS MAINTENANCE - STANDARD 24x7 1 5 YEAR VEHICLE IMPOUND MAINTENANCE - STANDARD 24x7 1 5 YEAR
Description Quantity Term
Flex
Computer-Aided Dispatch (CAD)
FLEX CAD MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX CAD MAPPING MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX RAPID NOTIFICATION MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX PREMISES AND HAZMAT MAINTENANCE - STANDARD 24x7 1 5 YEAR AUTOCITE INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR 534
Visalia Police Department December 4, 2025
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Description Quantity Term
HIPLINK PAGING INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR PHOENIX G2 INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR QUICKEST ROUTE INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR E911 INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR
ZOLL EPCR INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR RESPONSE PLANS MAINTENANCE - STANDARD 24x7 1 5 YEAR
STATELINK MAINTENANCE - STANDARD 24x7 1 5 YEAR
Description Quantity Term
Flex
Mobile Data Computing
FLEX MOBILE STATE & NATIONAL QUERIES MAINTENANCE - STANDARD 24x7
1 5 YEAR
FLEX MOBILE VOICELESS CAD MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX MOBILE AVL AND MAPPING MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX MOBILE RECORDS MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX MOBILE FIELD REPORT AND INTERVIEW MAINTENANCE - STANDARD 24x7
1 5 YEAR
FLEX MOBILE FIELD ARREST FORM MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX MOBILE PREMISES AND HAZMAT MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX TOUCH MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX DRIVERS LICENSE SCANNING MAINTENANCE - STANDARD 24x7 1 5 YEAR Records Management System (RMS)
FLEX LAW RECORDS MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX IBR MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX IMAGING MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX EVIDENCE MANAGEMENT - STANDARD 24x7 1 5 YEAR
FLEX EVIDENCE AND BARCODING MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX PIN MAPPING MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX TRAFFIC INFORMATION MAINTENANCE - STANDARD 24x7 1 5 YEAR FLEX EQUIPMENT MAINTENANCE - STANDARD 24x7 1 5 YEAR
FLEX OFFENDER TRACKING MAINTENANCE - STANDARD 24x7 1 5 YEAR COMPSTAT MANAGEMENT MAINTENANCE - STANDARD 24x7 1 5 YEAR OFFICER PRODUCTIVITY MAINTENANCE - STANDARD 24x7 1 5 YEAR CA STATE CRASH FORM 555 MAINTENANCE - STANDARD 24x7 1 5 YEAR DATAWORKS INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR COPLOGIC INTERFACE MAINTENANCE - STANDARD 24x7 1 5 YEAR DATA REPLICATION MAINTENANCE - STANDARD 24x7 1 5 YEAR
535
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Flex Subscription Offer Statement of Work
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Description Quantity Term
COMMANDCENTRAL EVIDENCE - STANDARD 24x7 1 5 YEAR
ADDITIONAL SERVER SUPPORT – STANDARD 24x7 1 5 YEAR
6.13 Flex Plus-Subscription Offer Comparison
Comparison Matrix Existing Plus Add On
CAD Functionality
Flex Hub X X
CAD X X
Imaging X X
Rapid Notification 2.0 X
Data Replication X
CAD Mapping X X
Esri ArcGIS licenses X
Alarm Tracking and Billing X X
Premises and Hazmat Information X X
Motorola ASTRO Radio Location integration X
Response Plans X
Quickest Route X X
Esri ArcGIS high-availability CAD mapping environments X CAD Management Dashboard X
CompStat Management Dashboard X
Records Management Functionality
Law Records X X
IBR X X
Evidence Barcode and Auditing X X
Evidence Management X X
Offender Tracking X X
Personnel Management X X
Traffic Information X X
Pin Mapping X X
Demographic Summary X
Civil Process X
Fleet Maintenance X
Inventory Management X
Licenses and Permits X
Pawned Property X
Vehicle Impound X
536
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Flex Subscription Offer Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Comparison Matrix Existing Plus Add On
Equipment Maintenance X X
Premises Inspections X
Mobile CAD Functionality
Mobile Voiceless CAD X X
Mobile AVL and Mapping X X X
Mobile Premises and Hazmat X X
Flex Touch X X
Mobile RMS Functionality
Mobile Records X X
Driver's License Scanning X X
Return Sharing X
Mobile Arrest form X X
Mobile Field Report With Field Interview X X
Mobile Warning form X
Jail Functionality
Jail Management X X
Inmate Tracking X
Cell Check X
Disciplinary Actions X
Inmate Tracking X
Livescan X X
Civil Process X
Commissary Management X
Cloud Hybrid Functionality
Internal text, email, and voice alerting for PSAP communication X CAD inter-agency data sharing X
Proximity alerting based on event and location X
Automated intelligent workflows for incident and task management X Private premises information access X
Map and event monitor of 9-1-1 calls, CAD incidents and panic button alerts
X
Additional 9-1-1 data through RapidSOS X
Additional map location or device package integrations including: radios, body cameras, in-car video, drones, smartphone apps, LPR, cameras and AVL-equipped vehicles
X
Managed Services
Software maintenance X
Remote technical support X
24/7 network monitoring with SOC support to find and respond to threats
X
537
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Flex Subscription Offer Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
Comparison Matrix Existing Plus Add On
24/7 SOC identification and prevention of cyber threats on CAD endpoints
X
GIS Managed Services X
Remote SAA-as-a-Service through Reliable Administration X Server replacement and support through Solutions II X This list is not exhaustive. Flex has dozens of third-party interfaces, as well as state-specific forms and modules, all available as an add on to your Flex subscription. Check with your Motorola Solutions sales representative for a comprehensive list of functionality, supported integration types and specific compatible vendors.
538
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Proposal Pricing
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
Section 7
Proposal Pricing
Motorola is pleased to provide the following products and services to Visalia Police Department.
7.1 Flex Subscription Pricing
Year Description Price
July 1, 2026 – June 30, 2027 Flex Subscription Plus, Application Monitoring
$235,539.86
July 1, 2027 – June 30, 2028 Flex Subscription Plus, Application Monitoring
$242,044.86
July 1, 2028 – June 30, 2029 Flex Subscription Plus, Application Monitoring, Maintenance, Linux Server
Migration
$250,344.86
July 1, 2029 – June 30, 2030 Flex Subscription Plus, Application Monitoring, Maintenance
$242,044.86
July 1, 2030 – June 30, 2031 Flex Subscription Plus, Application Monitoring, Maintenance
$242,044.86
Grand Total 5 Years (Tax
Exclusive)
$1,212,019.30
539
Visalia Police Department December 4, 2025
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Proposal Pricing
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7.2 Customer Contact
INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:
Address:
Phone:
Email:
The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:
Address:
The Equipment will be shipped to and/or services performed at the following address (insert if this information is known):
Name:
Address:
Phone:
540
Visalia Police Department December 4, 2025
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7.4 Payment Milestones
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
Milestone Milestone Detail Percentage
1 Completion of Contract 20%
2 Delivery of applicable System Hardware and Application Software to Customer Site
35%
3 Installation of System Hardware at Customer Site 30%
4 Successful Completion of System Live Cut 10%
5 Final Acceptance 5%
For Maintenance and Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan.
Motorola will invoice Customer annually in advance of each year of the plan, or as otherwise stated in the applicable addenda.
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Visalia Police Department December 4, 2025
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Contractual Documentation
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Section 8
Contractual Documentation
Motorola’s Proposal is subject to the terms and conditions of the MCA and the Awareness Addendum (collectively, the Agreement). You may accept this Proposal by signing the attached Agreement and sending your order to your Motorola Public Safety Solutions Consultant listed below. Any purchase order should specifically reference “PO is subject to Motorola’s proposal dated December 4, 2025, and the terms and conditions of the MCA and Awareness Addendum attached to Motorola’s proposal.”
542
Visalia Police Department December 4, 2025
Motorola Flex Software Flex Plus Subscription
Contractual Documentation
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Motorola Solutions Customer Agreement
This Motorola Solutions Customer Agreement (the “ MCA”) is entered into between Motorola Solutions, Inc., and affiliated companies, with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“ Motorola”) and the entity purchasing Products (as defined below) from Motorola (“ Customer”). Motorola and Customer will each be referred to herein as a “ Party” and collectively as the “ Parties”. This Agreement (as defined below) is effective as of July 1, 2026.
1. Agreement.
1.1. Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined below) from Motorola. Additional terms and conditions applicable to specific Products are set forth in one or more agreed upon addenda incorporated within this MCA (each an “Addendum”, and collectively the “Addenda”). This MCA, the applicable Addenda, and Proposal collectively form the Parties’ “Agreement”.
1.2. Order of Precedence. In interpreting this Agreement and resolving any ambiguities each Addendum will control with respect to conflicting terms in the Agreement, but only as applicable to the Products described in such Addendum. The Proposal will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described in the Proposal.
2. Definitions.
“Authorized Users” means Customer’s employees and contractors engaged for the purpose of supporting or using the Products and Services on behalf of Customer, and that are not competitors of Motorola, and the entities (if any) specified in a Proposal or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies. “Change Order” means a written amendment to this Agreement after the Effective Date. “Communications System” is a solution that includes at least one radio Product, whether devices, software, or infrastructure, and requires Integration Services to deploy such radio Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided to Customer. “Contract Price” or “Fees” means the charges applicable to the Products, excluding applicable sales or similar taxes and freight charges.
“Confidential Information” means any and all non -public information provided by one Party to the other that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable business person would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products, and Documentation, as well as any other information relating to the Products. “Customer Data” has the meaning given to it in the DPA. “Customer-Provided Equipment ” means components, including equipment and software, not provided by Motorola which may be used with the Products.
“Data Processing Addendum” or “DPA” means the Motorola Data Processing Addendum applicable to processing of data, including Customer Data, as updated, supplemented, or superseded from time to time. The DPA is incorporated into and made a part of this Agreement for all purposes pertaining to the contents of the DPA. Where terms or pr ovisions in the Agreement conflict with terms or provisions of the DPA, the terms or provisions of the DPA will control with respect to the contents of the DPA. 543
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“Documentation” means the documentation for the Products, or data, that is delivered or made available with the Products that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information.
“Equipment” means hardware provided by Motorola.
“Equipment Lease-Purchase Agreement” means the agreement by which Customer finances all or a portion of the Contract Price.
“Feedback” means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including end users, in connection with or relating to the Products. “Integration Services” means the design, deployment, implementation, and integration Services provided by Motorola in order to design, install, set up, configure, and/or integrate the applicable Products as agreed upon by the Parties.
“Licensed Software” means software which is made available to Customer by Motorola (for example software preinstalled on Equipment, accessible via a website provided by Motorola, or software installed on or made available for Customer-Provided Equipment) and is licensed to Customer by Motorola. “Lifecycle Management Services” or “LMS” means upgrade services as set out in the applicable Proposal. “Maintenance and Support Services” means the break/fix maintenance, technical support, or other Services described in the applicable Proposal.
“Motorola Data” means data owned by Motorola and made available to Customer in connection with the Products; “Motorola Materials” means proprietary equipment, hardware, content, software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party). Products, Motorola Data, Third-Party Data (as defined in the DPA), and Documentation, are considered Motorola Materials.
“Non-Motorola Materials” means collectively, Customer or third-party equipment, software, services, hardware, content, and data that is not provided by Motorola.
“Proposal” means solution descriptions, pricing, equipment lists, statements of work (“SOW”), schedules, technical specifications, quotes, order forms, and other documents setting forth the Products to be purchased by Customer and provided by Motorola. The Proposal may also include an Acceptance Test Plan (“ ATP”); a “Payment” Form (Communications System purchase only); or a “System Acceptance Cert ificate” (Communications System only), depending on the Products purchased by Customer.
“Products” or “Product” is how the Equipment, Licensed Software and Services being purchased by the Customer is collectively referred to in this Agreement (collectively as “Products”, or individually as a “Product”). “Professional Services” are services provided by Motorola to Customer under this Agreement, including Integration Services, the nature and scope of which are more fully described in the Proposal. “Prohibited Jurisdiction” means any jurisdiction in which the provision of such Products is prohibited under applicable laws or regulations.
544
Visalia Police Department December 4, 2025
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“Services” means services, including access to services, as described in the Proposal, and includes Integration Services, S ubscription Services, Professional Services, Maintenance & Support Services, and Lifecycle Management Services provided by Motorola.
“Service Completion Date” means the date of Motorola’s completion of the Services described in a Proposal. “Service Use Data” has the meaning given to it in the DPA. “Site” or “Sites” means the location where the Integration Services, Lifecycle Management Services, or Maintenance and Support Services will take place.
“Software-as-a-Service” or “SaaS” means a solution that includes at least one Subscription Service and associated Licensed Software, which may include, as an example, client software or a web page. “Software System” means a solution that includes at least one Licensed Software Product and requires Integration Services to deploy such Licensed Software Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided by or made available to Customer by Motorola. “Subscription” means a recurring payment for Products, as set out in the Proposal. “Subscription Services” or “Recurring Services” means Services, including access to Services, paid for on a subscription basis. Subscription Services includes services available through SaaS Products. “Term” means the term of this MCA which will commenc e on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of Services under the last Proposal in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein.
3. Products and Services.
3.1. Products. Motorola will sell (a) Equipment, (b) licenses to Licensed Software, and (c) Services to Customer, to the extent each is set forth in this Agreement. "At any time during the Term, Motorola may substitute any Products at no cost to Customer, if Customer a grees that the substitute is substantially similar to the Products set forth in this Agreement. Agreement by Customer shall not be unreasonably withheld.” All Licensed Software is provided pursuant to the terms of the Software License Agreement.
3.2. Services.
3.2.1. Motorola will provide Services, to the extent set forth in this Agreement.
3.2.2. Integration Services; Maintenance and Support Services . Motorola will provide (a) Integration Services at the applicable Sites, agreed upon by the Parties, or (b) Maintenance and Support Services or Lifecycle Management Services, each as further described in the applicable SOW. Terms applicable to Maintenance, Support and Lifecycle Management can be found in the Maintenance, Support and Lifecycle Management Addendum.
3.2.3. Service Proposals. The Fees for Services will be set forth in Motorola’s Proposal. A Customer point of contact may be set forth in the applicable SOW for the Services.
3.2.4. Service Completion. Services described in a Proposal will be deemed complete upon the Service Completion Date, or as Services expire, or are renewed or terminated.
3.2.5. Professional Services
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3.2.5.1. Additional Service Terms . If Customer is purchasing Professional Services to evaluate or assess networks, systems or operations; network security assessment or network monitoring; software application development Services; or transport connectivity services, Additional Services Terms apply.
3.3. Additional Product Terms . If the Products include one of the following Product s or Product types, additional terms apply as found in the below links:
Mobile Video Products, such as LPR cameras, bodycams, or vehicle cameras, and related software Drone related Products
Comparison Manager
Data licensed from Motorola
3.4. Non-Preclusion. If, in connection with the Products provided under this Agreement, Motorola performs assessments of its own, or related, products or makes recommendations, including a recommendation to purchase other products, nothing in this Agreement precludes such efforts nor precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies.
3.5. Customer Obligations. Customer represents that information Customer provides to Motorola in connection with receipt of Products are accurate and complete in all material respects. If any assumpti ons in the Proposals or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required.
3.6. Documentation. Products may be delivered with Documentation. Documentation is and will be owned by Motorola, unless otherwise expressly stated in a Proposal that certain Documentation will be ow ned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products.
3.7. Motorola Tools and Equipment . As part of deliveri ng the Products, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on the Proposal.
The tools and equipment may be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in its custody or control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all such tools and equipment in its possession or control.
3.8. Authorized Users . Customer will ens ure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users’ names, passwords and login credentials for access to Products.
3.9. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products in any Prohibited Jurisdiction, and Customer will not provide access to the Products to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located.
546
Visalia Police Department December 4, 2025
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3.10. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or a Proposal by submitting a Change Order to the other Party. If a requested change causes an increase or decrease in the Products, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties.
4. Term and Termination.
4.1. Term. The applicable Addendum or Proposal will set forth the Term for the Products governed thereby.
4.1.1. Subscription Terms . Unless otherwise specified in the Proposal, if the Products are purchased as a Subscription, the Subscription comm ences upon delivery of, or Customer having access to, the first applicable Product ordered under this Agreement and will continue for a twelve (12) month period or such other period identified in a Proposal (the “ Initial Subscription Period”) and, unless otherwise stated in the Proposal, will automatically renew for additional twelve (12) month periods (each, a “Renewal Subscription Year”), unless either Party notifies the other of its intent not to renew at least thirty (30) days before the conclusion of the then -current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a “ Subscription Term”.) Motorola may increase Fees prior to any Renewal Subscription Year by notifying Customer of the proposed increase no later than thirty (30) days prior to commencement of the Renewal Subscription Year.
4.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Proposal if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Proposal may be separately terminable as set forth therein.
4.3. Termination for Non -Appropriation. In the event any identified funding is not appropriated or becomes unavailable, the Customer reserves the right to terminate this Agreement for non-appropriation upon thirty (30) days’ advance written notice to Motorol a. In the event of such termination, Motorola shall be entitled to compensation for all conforming Products delivered or performed prior to the date of termination.
4.4. Suspension of Services . Motorola may promptly terminate or suspend any Products under a Pro posal if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make a ny payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform.
4.5. Wind Down of Subscription. In addition to the termination rights in this Agreement, Motorola may terminate any Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Licensed Software or Subscription Services to customers.
4.6. Effect of Termination or Expiration . Upon termination for any reason or expiration of this Agreement, a n Addendum, or a Proposal, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notw ithstanding the reason for termination or expiration, Customer agrees to pay Motorola for Products already delivered or performed. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer’s termination of this Agreement.
4.7. Equipment. In the event that Customer purchases any Product at a price below the published list price for such Product in connection with Customer entering into a fixed - or minimum required-term agreement for Products, and Customer or Motorola terminates the Agreement prior to the expiration of such fixed- or minimum required- term, then Motorola will have the right to invoice Customer for, and Customer will pay, the amount of the 547
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discount to the published list price for the Product or such other amount set forth in writing. This Section will not limit any other remedies Motorola may have with respect to an early termination.
5. Payment, Invoicing, Delivery and Risk of Loss
5.1. The Contract Price of $1,212,019.30 excluding taxes, is fully committed and identified, including all subsequent years of any contracted Services. The Customer will pay all invoices as received from Motorola subject to the terms of this Agreement and any changes in scope will be subject to the change order process as described in this Agreement.
Motorola acknowledges the Customer may require the issuance(s) of a purchase order or notice to proceed as part of the Customer’s procurement process. However, Customer agrees that the issuance or non -issuance of a purc hase order or notice to proceed does not preclude the Customer from its contractual obligations as defined in this Agreement.
5.2. Fees. Fees and charges applicable to the Products will be as set forth in the applicable Proposal. Changes in the scope of Produc ts described in a Proposal that require an adjustment to the Fees will be set forth in the applicable pricing schedule. The Fees for any Products exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), tariffs, fluctuations in the costs of energy, raw materials, and fuel. Motorola reserves the right to equitably adjust the Fees for these expenses upon written notice to Customer. Customer will reimburse Motorola for expenses reasonably incurred by Motorola in connection with the Products. The annual Subscription Fee for Products may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in a Proposal. Motorola may suspend Licensed Software and any Subscription Services if Customer fails to make any payments within thirty (30) days of invoice due date when due.
5.3. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “ Taxes”), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in a Proposal. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (incl uding any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for repor ting taxes on its income and net worth.
5.4. Invoicing. Motorola will invoice Customer as described in this Agreement and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in writing. In the event Customer fina nces the purchase of the Motorola Products contemplated herein via Motorola Solutions Credit Corporation (“MSCC”), invoices for such purchase will be paid via the disbursement of the financing proceeds pursuant to the Equipment Lease - Purchase Agreement executed between the parties and the payment schedule enclosed therein shall control payment of the related invoices. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in Section 5.6. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products.
5.5. Payment. Customer will pay invoices for the Products provided under this Agreement in accordance with the invoice payment terms set forth in Section 5.4. Generally, invoices are issued after shipment of Equipment or upon Motorola’s delivery of Licensed Software, Customer access to SaaS, or upon System Completion Date of a Software System, as applicable, but if a specific invoicing or payment schedule is set forth in the Agreement, such schedule will determine the invoicing cadence.
Motorola will have the right to suspend future deliveries of Products if Customer fails to make any payments when due.
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5.6. Inflation Adjustment. For multi -year agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be per formed using the U.S.
Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labo r Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).
5.7. As it applies to the Subscription Based Services, if: (a) Purchasing Entity chooses early termination at any time within the term of the Agreement or (b) Motorola terminates the Agreement for cause, then the Customer shall pay to Motorola, within thirty (30) calendar days after such termination, an amount equal to 50% of the annually recurring charges as set forth in the pricing schedule for years 2-4 of the term of the Agreement.
Notwithstanding anything to the contrary, any up -front fees set forth in a pricing schedule are non -refundable.
Up-front fees are the payments for the PremierOne/Flex (or applicable solution) Hardware and System Software, Organizational Change Management and Implementation Services as identified in the ordering document and payment milestones
5.8. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:_______________________________________________________________________ Address:_____________________________________________________________________ Phone:__________________________________________________________ ____________ E-INVOICE. To receive invoices via email:
Customer Account Number:______________________________________________________ Customer Accounts Payable Email:________________________________________________ Customer CC (optional) Email:____________________________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________ Address:____________________________________________________________________ The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name:_______________________________________________________________________ Address:_____________________________________________________________________ Phone:______________________________________________________________________ Customer may change this information by giving written notice to Motorola.
5.9. Delivery, Title and Risk of Loss . Motorola will provid e to Customer the Products set forth in a Proposal, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in Section 5.6 or otherwise provided by Customer in writing, using a carrier selected by Motorola.
Notwithstanding the foregoing and unless otherwise stated in a Equipment Lease - Purchase Agreement, delivery of Equipment (and any incorporated Licensed Software) will occ ur, and title and risk of loss for the Equipment will pass to Customer, upon shipment by Motorola in accordance with ExWorks, Motorola’s premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment 549
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and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes.
Delivery of Licensed Software for installation on Equipment or Customer -Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, or (b) the date Motorola otherwise makes the Licensed Software available for download or use by Customer. If agreed upon in a Proposal, Motorola will also provide Serv ices related to such Products. Title to Licensed Software will not pass to Customer at any time. Delivery of SaaS Products will occur when the Services are made available to Customer.
5.10. Delays. Any shipping dates set forth in a Proposal are approximate, and while Motorola will make reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund.
5.11. Future Regulatory Requirements. The Parties acknowledge and agree that certain Products (for example, cyber services) are in evolving technological areas and therefore, laws and regulations regarding Products may change. Changes to existing Products required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Products.
5.12. Resale of Equipment . Equipment may contain embedded Licensed So ftware. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from Motorola, which will not be unreasonably denied, and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party. Customer will take appropriate security measures when disposing of Equipment, including the deletion of all data stored in the Equipment.
6. Sites; Customer-Provided Equipment; Non-Motorola Materials.
6.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the performance, installation and use of the Products at each applicable Sit e, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void.
6.2. Site Conditions . Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
6.3. Site Issues. Upon its request, which will not be unreasonably denied, Motorola will have the right to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 6 – Sites; Customer -Provided Equipment; Non -Motorola Materials . If Motorola or Customer identifies any deficiencies or non -conformities, Customer will promptly remediate such issues or the Parties w ill select a replacement Site. If a Party determines that a Site identified in a Proposal is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Proposal.
6.4. Customer-Provided Equipment. Customer will be responsible, at its s ole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer- Provided Equipment to provide the Products under this Agreement, and such access and use will not violate any laws or infringe any third -party rights (including intellectual property rights). Customer (and not Motorola) 550
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will be fully liable for Customer -Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Products under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Proposal.
6.5. Non-Motorola Materials. In certain instances, Customer may be permitted to access, use, or integrate Non - Motorola Materials with or through the Products. If Customer ac cesses, uses, or integrates any Non -Motorola Materials with the Products, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non-Motorola Materials in connection with the Products. Customer will also obtain the necessary rights for Motorola to use such Non -Motorola Materials in connection with providing the Products, including the right for Motorola to access, store, and process such Non -Motorola Materials (e.g., in connection with SaaS Pr oducts), and to otherwise enable interoperation with the Products. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non -Motorola Materials with the Products, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Materials. If any Non-Motorola Materials requires access to Customer Data, Customer hereby authorizes Motorola to allow the provider of such N on-Motorola Materials to access Customer Data, in connection with the interoperation of such Non - Motorola Materials with the Products.
6.6. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with r espect to, the Non -Motorola Materials (including any disclosure, modification, or deletion of Customer Data resulting from use of Non -Motorola Materials or failure to properly interoperate with the Products). If Customer receives notice that any Non-Motorola Materials must be removed, modified, or disabled within the Products, Customer will promptly do so. Motorola will have the right to disable or remove Non - Motorola Materials if Motorola believes a violation of law, third -party rights, or Motorola’s polic ies is likely to occur, or if such Non -Motorola Materials poses or may pose a security or other risk or adverse impact to the Products, Motorola, Motorola’s systems, or any third party (including other Motorola customers).
6.7. Motorola may provide certain Non-Motorola Materials as an authorized sales representative of a third party as set out in a Proposal. As an authorized sales representative, the third party’s terms and conditions will apply to any such sales. Any orders for such Non-Motorola Materials will be fulfilled by the third party.
6.8. End User Licenses. Notwithstanding any provision to the contrary in the Agreemen t, certain Non -Motorola Materials software are governed by a separate license, EULA, or other agreement, including terms governing third-party equipment or software, such as open source software, included in the Products. Customer will comply, and ensure i ts Authorized Users comply, with any such additional terms applicable to third -party equipment or software. Certain third party flow-down terms applicable to Motorola Products may apply.
6.9. Prohibited Use. Customer will not integrate or use, or permit a third party or an Authorized User to integrate or use, any Non -Motorola Materials with or in connection with a Software System or oth er Licensed Software provided by Motorola under this Agreement, without the express written permission of Motorola.
6.10. API and Client Support. Motorola will use reasonable efforts to maintain its Application Programming Interfaces (APIs) for each Software Sy stem, understanding that APIs will evolve. Motorola will support each API version for 6 months after introduction but may discontinue support with reasonable notice or without notice if a security risk is present. For Licensed Software requiring a local client installation, Customer is responsible for installing the current version. Motorola will support each client version for 45 days after its release but may update the client at any time, and does not guarantee support for prior client versions.
7. Representations and Warranties.
7.1. Mutual Representations and Warranties . Each Party represents and warrants to the other Party that (a) it has the right to enter into, and execute, the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party.
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7.2. System Warranty. Subject to the disclaimers and exclusions below, Motorola represents and warrants that, on the date of System Acceptance (for Communications Systems), System Completion Date (for Software Systems), or delivery, as app licable (a) the Communications System will perform in accordance with the descriptions in the applicable Proposal in all material respects, (b) the Software System will perform in accordance with the descriptions in the applicable Proposals in all material respects, and (c) if Customer has purchased any Licensed Software (but, for clarity, excluding SaaS Products) as part of such Communications System or Software System, the warranty period applicable to such Licensed Software will continue for a period of one (1) year commencing upon System Acceptance, System Completion, or date the Licensed Software is delivered (the “Warranty Period”).
7.3. Communications Systems. During the Warranty Period, in addition to warranty services, Motorola will provide Maintenance and Support Services for the Equipment and support for the Motorola Licensed Software in Communication Systems pursuant to the applicable maintenance and support Proposal. Support for the Licensed Software will be in accordance with Motorola's established Software Support Policy (“SwSP”). If Customer wishes to purchase (a) additional Maintenance and Support Services during the Warranty Period; or (b) continue or expand maintenance, software support, installation, and/or Motorola’s LMS after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document and such terms will be agreed upon in a Proposal. Unless otherwise agreed by the Parties in writing, the terms and conditions of the MSLMA referenced in Section 3.2.2 will govern the provision of such Services.
7.4. SaaS. SaaS Products do not qualify for the System Warranty above.
7.5. Motorola Warranties - Services. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will c onform in all material respects to the descriptions in the applicable Proposal; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one -time Services, the Services will be free of material defects in materials and workm anship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Proposal.
7.6. Motorola Warranties - Equipment. Subject to the disclaimers and exclusions set forth below, (a) for a period of one (1) year commencing upon the delivery of Motorola -manufactured Equipment under Section 5.7 – Delivery, Title and Risk of Loss , Motorola represents and warrants that such Motorola -manufactured Equipment, under norma l use, will be free from material defects in materials and workmanship; and (b) the warranties applicable to Motorola -manufactured Equipment set forth in herein shall be applicable to all radio Equipment purchased hereunder whether or not such Equipment was manufactured by Motorola.
7.7. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this Agreement. Unless a different remedy is otherwise expressly set forth herein, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non-conforming Product or re-perform any non- conforming Service, at its option. Su ch remedies are Customer’s sole and exclusive remedies for Motorola’s breach of a warranty. Motorola’s warranties are extended by Motorola to Customer only, and are not assignable or transferable.
7.8. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third -party software or hardware provided by Motorola; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Mot orola will pass through express warranties provided by such third parties.
7.9. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WA RRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE
WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, NON -INFRINGEMENT, FITNESS FOR A PA RTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND 552
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SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS.
7.10. ADDITIONAL WARRANTY EXCLUSIONS. NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO
THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO
PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER’S OR ANY AUTHORIZED USER’S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BETA SERVICES.
8. Indemnification.
8.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding (“Claim”) for personal injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross negligence or willful misconduct while performing its duties under this Agreement, except to the extent the claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 8.1 – General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or comp romise to the extent allowed by applicable law; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim.
8.2. Intellectual Property Infringement . Motorola will defend Customer against any third -party claim alleging that a Motorola-developed or manufactured Product (the “Infringing Product”) directly infringes a United States patent or copyright (“Infringement Claim”), and Motorola will pay all dam ages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 8.2 – Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motoro la and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim.
8.2.1. If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non -infringing; or (c) grant Customer (i) a prorated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is Licensed Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded Licensed Software).
8.2.2. In addition to the other damages disclaimed under this Ag reement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Materials, or third-party equipment, hardware, software, data, or other third-party materials; (b) the combination of the Product with any products or materials not provided by Motorola; (c) a Product designed, modified, or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of the Product by a party other than Motorola; (e) use of the Product in a manner for which the Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from an Infringement Claim 553
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extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product.
8.2.3. This Section 8.2 – Intellectual Property Infringement provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim.
8.3. Customer Indemnity . To the extent allowed by applicable law, Customer will defend, indemnify, and hold Motorola and its subcontracto rs, subsidiaries and other affiliates harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third -party claim, demand, action, or proceed ing arising from or related to (a) Customer-Provided Equipment, Customer Data, or Non -Motorola Materials, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products) infringes or misappropriates a third -party intellectual property or other right, violates applicable law, or breaches the Agreement; (b) Customer-Provided Equipment’s failure to meet the minimum requirements set forth in the applicable Documentatio n or match the applicable specifications provided to Motorola by Customer in connection with the Products; (c) Customer’s (or its service providers, agents, employees, or Authorized User’s) negligence or willful misconduct; and (d) Customer’s or its Author ized User’s breach of this Agreement. This indemnity will not apply to the extent any such claim is caused by Motorola’s use of Customer- Provided Equipment, Customer Data, or Non -Motorola Materials in violation of the Agreement. Motorola will give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim.
9. Limitation of Liability.
9.1. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF MOTOROLA, ITS
AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MOTOROLA PARTIES”), WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO
OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES, OR PORTION OF FEES, RELATED TO THE PRODUCT UNDER WHICH THE CLAIM AROSE. WITH RESPECT TO ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO
SUCH RECURRING SERVICES WILL NOT EXCEED THE TOTAL FEES PAID FOR THE APPLICABLE PRODUCT DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE. EXCEPT FOR PERSONAL INJURY OR DEATH, THE
MOTOROLA PARTIE S WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT,
UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN
IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.
9.2. EXCLUSIONS FROM LIABILITY . NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA,
INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS; (B) CUSTOMER-PROVIDED EQUIPMENT OR SITES; NON-MOTOROLA MATERIALS; THIRD- PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR CONTENT; OR UNKNOWN OR UNAUTHORIZED COMBINATION OF PRODUCTS AND SERVICES; (C) LOSS OF DATA, HACKING, RANSOMWARE, THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS NOT AUTHORIZED BY MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE PRODUCTS PROVIDED UNDER THIS AGREEMENT; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS.
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IN ADDITION TO THE FOREGOING EXCLUSIONS FROM DAMAGES, AND NOTWITHSTANDING ANY
PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA,
INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH SOFTWARE-AS-A-SERVICE, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES.
9.3. Statute of Limitations . Customer may not bring any claims against a Motorola Party in connection with this Agreement or the Produ cts and Services more than one (1) year after the Customer is or should have discovered the accrual of the cause of action or claim.
10. Confidentiality.
10.1. Confidential Information. Customer and Motorola agree that, subject to any applicable freedom of informat ion or public records legislation, Motorola’s Confidentiality Terms apply to information shared between the Parties.
11. Proprietary Rights; Data; Feedback.
11.1. Motorola Materials . Customer acknowledges that Motorola may use or provide Customer with access to “Motorola Materials”. Except when Motorola has expressly transferred title or other interest to Customer in writing, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, kn ow-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights).
This Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted her ein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so.
11.2. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process (as defined in the DPA) and use the Customer Data as set forth in the DPA.
11.3. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.
11.4. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modificat ions or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.
12. Acceptance
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12.1. Communications System Acceptance. Unless further defined in the applicable Proposal or Statement of Work, System Acceptance for a Communications System occurs upon successful completion of Acceptance Tests as detailed in the Acceptance Test Plan. Motorola will provid e ten days' notice before testing begins, and upon successful completion, both parties will sign an acceptance certificate. If the plan includes tests for subsystems or phases, acceptance occurs upon successful completion of those tests and separate certif icates will be issued. If Customer believes the system has failed, they must provide a detailed written notice within thirty days; otherwise, System Acceptance is deemed to have occurred. Minor, non -material issues will not delay acceptance but will be addressed per a mutually agreed schedule. Customer use of the system before System Acceptance requires Motorola's written authorization and transfers responsibility for system operation to the Customer. Software System Completion is defined by Customer's Bene ficial Use of each Product within the system, with Beneficial Use deemed to occur thirty days after functional demonstration if not otherwise defined in the Proposal.
13. Force Majeure; Delays Caused by Customer.
13.1. Force Majeure . Except for Customer’s payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Pa rty, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.
13.2. Delays Caused by Customer . Motorola’s performance of the Products will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Proposal). In the event of a delay under this Section 13.2 – Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate Motorola for its out -of-pocket costs incurred due to the delay (including those incurred by Motorola’s affiliates, vendors, and subcontractors).
14. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a “Dispute”):
14.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of Illinois, unless Customer is the United States Government (or an agency thereof) or a state government or state agency or local municipality within the United States, in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply.
14.2. Negotiation; Mediation . The Parties will attempt to timely resolve the Dispute promptly through good faith negotiations. Either Party may initiate dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”) to the other Party. The P arties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Unless otherwise agreed in writing, all in person meetings under this Section 14. 2 – Negotiation; Mediation will take place in Chicago, Illinois, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorol a’s intellectual property rights must be decided by a court of competent jurisdiction, in accordance with Section 14.3 – Litigation, Venue, Jurisdiction below.
14.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Cook County, Illinois, or in the case the Customer is the United States, a state agency, or local municipality, then the appropriate court in the State in which the Products and Services are provided. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation. 556
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15. General.
15.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users’ use of the Products complies with law (including privacy laws), and Customer will obtain any FCC, FAA, and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users’ use of the Products. Motorola may, at its discretion, cease providing or otherwise modify Products (or any terms related thereto in an Addendum or Proposal), in order to comply with any changes in applicable law.
15.2. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, including an audit of total user li censes credentialed by Customer for any Licensed Software or SaaS Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required con sents, including individual end users, and will cooperate with Motorola in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any licenses granted under this Agreement to verify c ompliance with this Agreement. Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs. In the event Motorola determines that Customer’s usage of the Licensed Software or SaaS Product exceeded the number of licenses purchased by Customer at a given time, Motorola may invoice Customer for the additional licenses used by Customer, pro-rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the Agreement.
15.3. Assignment and Subcontracting . Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
15.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeedi ng breach or of any other obligation.
All waivers must be in writing and signed by the Party waiving its rights.
15.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be vali d and enforceable to the full extent permitted by applicable law.
15.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor.
The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership , or formal business organization of any kind.
15.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third -party software included in the software Products will be a direct and intended third -party beneficiary of this Agreement.
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15.8. Interpretation. The section headings in this Agreement are included only for convenience The words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
15.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt.
15.10. Cumulative Remedies . Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.
15.11. Survival. The following provisions will survive the expiration or terminat ion of this Agreement for any reason:
Section 3.5 – Customer Obligations; Section 4.6 – Effect of Termination or Expiration; Section 5 – Payment and Invoicing; Section 7.9 – Warranty Disclaimer; Section 7.10 - Additional Warranty Exclusions; Section 8.3 – Customer Indemnity; Section 9 – Limitation of Liability; Section 10 – Confidentiality; Section 11 – Proprietary Rights; Data; Feedback; Section 13 – Force Majeure; Delays Caused by Customer; Section 14 – Disputes; and Section 15 – General.
15.12. Entire Agreement. This Agreement, including all Addenda, and Proposals, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this su bject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature , facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, eve n if a representative of each Party signs such document.
The Parties hereby enter into this MCA as of the Effective Date.
Motorola Solutions, Inc. Customer: _______________________ By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________
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Situational Awareness Data Sharing Agreement Addendum
THIS AGREEMENT is made by and between Motorola and Customer, and will be subject to and governed by the terms of the MCA. This Agreement is among those public entities that utilize various types of Situational Awareness Data (as hereinafter defined) to support for emergency planning, response, and mitigation of all types of hazards.
The purpose of this Agreement is to define the conditions for sharing of Situational Awareness Data sharing amongst the Parties, other public safety entities and third-party vendors.
A. RECITALS
WHEREAS, the Parties to this Agreement utilize various types of geospatial data, sensor data, imagery data, resource location services and computer aided dispatch information; WHEREAS, the Parties desire to share these various types of Situational Awareness Data with their public safety partners through a solution provided by Motorola Mobile Safety; WHEREAS, the sharing of these types of Situational Awareness Data supports the effective and efficient response to all types of public safety emergencies and hazards;
WHEREAS, the sharing of these types of Situational Awareness Data supports civilian and first responder safety; and
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
B. DEFINITIONS.
1. “Situational Awareness Data” is defined as follows: emergency resource location, emergency incident details, 9- 1-1 caller location, computer aided dispatch incident record details and/or incident management detail.
2. “Party” or “Parties” are the public entities that are a current signatory to this Agreement.
C. TERM.
This Agreement shall become effective upon execution by the Parties and shall be binding upon all Parties hereto, until such time as the Parties agree to amend or terminate the Agreement. Any modification shall be set forth in writing and be signed by the Parties. If any Party determines to no longer participate in this Agreement, the terms of this Agreement will continue to apply to historical data collected while the depar ting Party was a participant.
D. OBLIGATIONS OF THE PARTIES.
1. The Parties shall maintain their Situational Awareness Data in accordance with local, State and Federal regulations.
2. The Parties shall each maintain and support their own technology systems that support the Situational Awareness Data sharing.
3. The Parties shall ensure that all credentialed users with access to the Motorola solutions and shared data subject to this Agreement are an employee or a contractor of a public ent ity and that their position includes a 559
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public safety responsibility and a need for access to the shared data. The Parties will ensure that credentialed users maintain best practices for cyber security requirements.
4. The Parties understand that portions of the data are deemed “For Official Use Only,” and shall be kept confidential in accordance with local policies and regulations.
5. The Parties understand and agree that the Situational Awareness Data may be collectively displayed in an agency’s version of the Motorola Solution while providing public safety. It will also be incidentally visible to other vendors providing necessary services and infrastructure support.
6. The Parties understand and agree that the Situational Awareness Data subject to this Agreement may be extended to other third-party applications that are utilized by the Parties as needed while providing public safety.
7. The Parties shall not extend data sharing to other persons or entities that are not a Party to this Agreement without the written permission of the data owner.
E. DATA USE AND DISCLOSURE.
1. Sharing of Information. Each Party authorized the release of information residing in Motorola’s Solution to the other Parties as permitted by law. A Party that does not want certain information made available to another Party or available for rules-based processing is responsible for ensuring that the information is not included in the data transfer to Motorola. A Party that wants certain data to be made available to other parti es but wants to have a different data set available for their own visualization and rules process in Motorola is responsible for ensuring the proper configuration in Motorola to not allow sharing of that specific data set.
2. Limitation on Information Sharing. Information contributed by each Party shall be shared with or released only to other specifically designated Parties. Only authorized employees who have an approved login and password (“Authorized Users”) will be allowed to access or use the infor mation in Motorola. Each Party is responsible for keeping the authorized users in Motorola current.
3. Each party shall use reasonable efforts to insure the completeness and accuracy of its source data.
4. Any Situational Awareness Data from other public safety agencies or private companies that may be obtained from data sharing applications shall only be used in the performance of each Party’s ascribed duties for the safety of the public, and the Parties will not utilize said data for gain, either personal or corporate, other than that gain which is considered to be allowed to be made on behalf of public agencies. The Parties shall not use said data to obtain any perceived advantage or be used against any other Party to this Agreement.
5. A Party’s data will not be used, shared, published, or released without that Party’s written consent.
6. Public Records Act requests will be referred to the respective Party whose data is being requested for handling and response and, if appropriate, will provided directly from the Parties source systems. Information in Motorola Solution’s in confidential and is not subject to public disclosure except as required by law.
7. Legal Obligations to Release. In the case where data release is required by law (e.g., sea rch warrant or court order), the Party being required to turn over data will notify any other respective Agency whose data is included in the mandated release and provide a courtesy copy of data prior to release.
F. UNDERSTANDING ON ACCURACY OF INFORMATION
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Accuracy and timeliness of Information. Agencies agree that the data maintained in Motorola’s Solutions consists of information assumed to be accurate and updated near -real time by participating agencies. Agency Parties will participate in several testi ng sessions to validate and ensure that its information is accurate; however, data inaccuracies can arise for multiple reasons (e.g. entry errors, misinterpretation, incorrect data mapping rules, etc).
It shall be the responsibility of the Agency requesti ng or using the data to confirm the accuracy and timeliness of the information with the Source Agency before taking any action.
G. LIABILITY
DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, Motorola, ITS
AFFILIATES, AND THEIR RESP ECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “Motorola PARTIES”) WILL NOT BE LIABLE IN CONNECTION WITH THIS ADDENDUM (WHETHER UNDER Motorola’S INDEMNITY OBLIGATIONS, A
CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR, ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF Motorola HAS BEEN ADVISED BY CUSTOMER OR
ANY THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.
DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF THE Motorola PARTIES, WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY ,
RELATING TO OR ARISING OUT OF THE ADDENDUM WILL NOT EXCEED THE TOTAL FEES PAID FOR THE THIRD-PARTY DATA CONNECTOR. IF THE COST OF THE THIRD-PARTY DATA CONNECTOR IS PROVIDED
AS A RECURRING FEE, THEN THE TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AGGR EGATE FEES FOR THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE.
ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ADDENDUM, Motorola
WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO Motorola, OR ANY OTHER DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES; (B) CUSTOMER -PROVIDED EQUIPMENT, NON -Motorola CONTENT, CUSTOMER’S SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-
PARTY MATERIALS, OR THE COMBINATION OF THE SUBSCRIPTION SOFTWARE OR SERVICES WITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING; (D) MODIFICATION OF THE THIRD -PARTY DATA CONNECTOR BY ANY PERSON OTHER THAN Motorola; (F) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (G) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; OR (H) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE SUBSCRIPTION SOFTWARE OR SERVICES.
Otherwise, each Party is solely responsible for any all claims (including without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) (“Claims”) of every kind and nature whatsoever, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Agreement, including the use or alleged or actual misuse of the Solutions offered by Motorola, its officers, agents or employees.
H. DISCLAIMER.
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Motorola, its subcontractors, subsidiaries and other affiliates disclaim any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actua l or threatened third -party claim, demand, action, or proceeding arising from or related to the Third -Party Data Connector and any sharing or transfer of Customer Data with the Third-Party Agency.
IN WITNESS WHEREOF, this Agreement is executed by the Parties named below, acting by and through the Administrator or his designee.
Motorola Solutions, Inc. Visalia Police Department
By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________
Agency:
__________________________ ____________________________ Name Signature
I HEREBY APPROVE the following form of the foregoing agreement this ____ day of _______, 2025.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0564 Agenda Date: 12/15/2025 Agenda #: 14.
Agenda Item Wording:
Authorize the Abandonment of Alleyway - Adopt Resolution 2025-79 ordering the closure and vacation of a portion of public alleyway and right-of-way south of Main Street from Martin Street to Giddings Street; and further authorize the City Manager to execute the necessary documents to complete the abandonment. (Resolution required)
Prepared by:
Sarah MacLennan, Assistant Eng, [email protected], (559) 713-4271; Jason Huckleberry, Eng & Building Dept Dir, [email protected], (559) 713-4495.
Department Recommendation: Staff recommends adopting Resolution No. 2025-79 ordering the closure and vacation of a portion of public alleyway and right-of-way south of Main Street from Martin Street to Giddings Street and further authorizing the City Manager to execute the necessary documents to complete the abandonment.
Summary:
The abandonment of the alleyway is being requested by Grace Bible Church to enable the installation of a barrier preventing nuisance traffic utilizing the alley as a cutoff to circumvent the traffic signal at Giddings Street and Main Street. This vacation and abandonment is being conducted in accordance with California Streets and Highways Code Section 8334(a) allowing the vacation of an excess street or highway, in this instance an alleyway, that is not required for street or highway purposes. The proposed vacation meets the provisions of this section allowing the use of a summary process.
Background Discussion:
This alleyway to be abandoned was originally established on Parkside Tract map between Lots 1 through 8 in Block 15. These types of alleyways were used to access parking areas in the rear of single-family residences and for public utilities. The majority of the area is currently owned and operated by Grace Bible Church as part of its church facilities. The only property not owned by Grace Bible Church is currently a business that does not oppose the alleyway abandonment. All properties will maintain public street access after the abandonment. City staff agrees with the applicant that the alleyway is no longer needed for street or highway purposes.
The City will reserve from the vacation, a public service easement in the same alleyway as there are in-place public utility facilities that are in use at this location. The reservation will allow the public utilities to remain in place and in use.
Grace Bible Church submitted the request through the City’s Site Plan Review process as SPR No. 2025-19, proposing the installation of vehicle access gates at Giddings Street at the limits of Lot 6.
An access, joint use and maintenance agreement between all parcel owners shall be executed at Visalia City Council Printed on 12/10/2025Page 1 of 2
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File #: 25-0564 Agenda Date: 12/15/2025 Agenda #: 14.
time of vacation acceptance.
Fiscal Impact:
No additional impacts anticipated. The ongoing alleyway maintenance for the area vacated will be omitted.
Prior Council Action: None
Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to authorize the adoption of Resolution 2025-79 ordering the summary vacation and abandonment of the alley south of Main Street from Martin Street to Giddings Street as shown on Parkside Tract, recorded in Book 12 of Subdivision Maps at page 5, Tulare County Records.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments:
1. Resolution No. 2025-79
2. Aerial Map
3. Parkside Tract
Visalia City Council Printed on 12/10/2025Page 2 of 2
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RESOLUTION NO. 2025 - 79
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF THE ALLEYWAY BETWEEN LOTS 1 THROUGH 8 OF PARKSIDE TRACT AND
RESERVING AND EXCEPTING FROM THE VACATION A PUBLIC SERVICE EASEMENT
WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 1 through 8 of Parkside Tract subdivision, recorded in Volume 12 of Subdivision Maps, at Page 5, Tulare County Records, that has been determined to be excess right-of-way of a street or highway not required for street or highway purposes; and
WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 1 through 8 of Parkside Tract subdivision, recorded in Volume 12 of Subdivision Maps, at Page 5, Tulare County Records, and there are in-place public utility facilities that are in use in; and
WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and
WHEREAS, the summary vacation requirement has been met, pursuant to §8334(a) of the California Streets & Highways Code it has been determined that the alleyway, which was to maintain access to rear garages of single family residences, is not required for street or highway purposes, since the majority of the properties along the alley are not used for residences, and is in excess of what is required since all properties along the alleyway have property access to a roadway without the alley, while public utilities are in place in the alleyway a public service easement is being reserved for their continued usage; and
WHEREAS, that the provisions of Government Code section 65402 concerning administration of the general plan or general plan elements do not apply to this abandonment as it is a project of a minor nature impacting an alleyway not a local street recognized under the circulation element of the City of Visalia General Plan; and
WHEREAS, the reservation of easement proceedings is to be conducted pursuant to the provisions in § 8340 – 8349, Chapter 5 of Part 3, Division 9, entitled “Reservation and Preservation of Easements,” of the State of California Streets & Highways Code; and
WHEREAS, there are in-place public utility facilities that are in use in the alleyway between Lots 1 through 8 of Parkside Tract, the public convenience and necessity require the City to reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities, pursuant to §8340(c) and §8341(a) of the California Streets & Highways Code.
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NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of the alleyway between Lots 1 through 8 of Parkside Tract.
2. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of these public service easements by having met at least one of the following cases described in California Streets and Highways Code Section 8334(a):
a. An excess right-of-way of a street or highway not required for street or highway purposes.
3. From and after the date this resolution is recorded, the alleyway is vacated and no longer constitutes a street or highway.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Council of the City of Visalia hereby orders the reservation and excepts from the vacation, a public service easement in the same alleyway between Lots 1 through 8 of Parkside Tract subdivision, recorded in Volume 12 of Subdivision Maps, at Page 5, Tulare County Records. as there are in-place public utility facilities that are in use at this location.
2. From and after the date this resolution is recorded, a public service easement over the in- place public utility facilities in the current alleyway is reserved and excepted from the summary vacation under Streets and Highways Code section 8340(c) as necessary to maintain, operate, replace, remove, or renew these public utility facilities.
PASSED AND ADOPTED: December 15, 2025 Leslie B. Caviglia, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-79 passed and adopted by the Council of the City of Visalia at a regular meeting held on December 15, 2025.
Dated: Leslie B. 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 #: 25-0566 Agenda Date: 12/15/2025 Agenda #: 15.
Agenda Item Wording:
Extend Contract for Engineering Services - Authorize the City Manager to extend the emergency contract for Engineering plan review and related services to Interwest Consulting Group, not to exceed $200,000 for one year ending December 31, 2026.
Prepared by: Jason Huckleberry, Director of Engineering and Building Dept., (559) 713-4495, [email protected]
Department Recommendation: Staff recommends that Council authorize the City Manager to extend the emergency contract for Engineering plan review and related services to Interwest Consulting Group for one year (ending December 31, 2026) due to the continued vacancy of the City’s Land Surveyor position at a maximum cost not to exceed $200,000.
Summary:
The Department has relied upon an emergency contract to provide both the Engineering and Planning Divisions with a contracted licensed land surveyor to review and sign on subdivision final maps, parcel maps, as well as provide technical review of easements, grant deeds, and lot line adjustments submitted to the City’s Engineering and Building Department. These services are critical to the department and a required component of the work we perform, but with the continued vacancy of the City Surveyor position we must rely upon the services of a consultant.
Background Discussion:
The emergency contract with Interwest was initially executed in October 2020 to provide plan review support to Community Development staff to meet objective plan review timelines related to new project submittals. City staff has been successfully meeting those timelines for nearly three years now and has not relied upon the Interwest contract for plan review service.
However, in April of 2022 the City’sLand Surveyor accepted a position with another agency and the City has not been successful in backfilling that position. The Engineering and Building Department is seeking to extend the emergency contract with Interwest Consulting Group for one year to provide time for a formal Request for Proposals (RFP) for Land Surveyor services to be advertised, submittals to be reviewed, and a contract executed in 2026. An RFP has been drafted and submitted to the City’sPurchasing Division for advertisement expected to be in 2026. The current Interwest contract will expire on December 31, 2025. If approved, this extension will extend the contract to December 31, 2026, which provides ample time for staff to complete the RFP process for land surveyor services.
Fiscal Impact: The City will not increase or modify the development fee schedule for the services provided by Interwest Consulting Group. The City’s current fee collection structure was established as nonrecuperative for services rendered and does not fully offset the cost associated with staff review time spent on development projects and is therefore subsidized by the General Fund. The Visalia City Council Printed on 12/12/2025Page 1 of 3
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File #: 25-0566 Agenda Date: 12/15/2025 Agenda #: 15.
City is required to provide the service as noted in the report and the cost for the emergency contract services will not be passed onto the public. While it is difficult to anticipate the actual amount that may be expended since it is unknown how many projects may be submitted for review, staff has reviewed work performed in previous contract years and believes that $200,000 is an appropriate amount for the annual contract. If the Land Surveyor position is filled, this contract will no longer be necessary. Additionally, once the formal request for proposals has been awarded in 2026 and firms are under contract, this contract will be terminated.
Prior Council Action:
October 19, 2020 - City Council authorized the City Manager to execute a one-year emergency contract with the Interwest Consulting Group for Engineering Plan Review and Related Services.
December 20, 2021, the City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to June 30, 2022.
June 20, 2022, the City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to June 30, 2023.
November 6, 2023 - City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to December 31, 2024.
December 3, 2024 - City Council authorized the City Manager to execute a one-year contract extension to December 31, 2025.
Other: The contract extension by Council on June 6, 2022 was further extended through memorandum in June 2023 for an additional six months without any additional appropriation of funds.
This extension by memorandum resulted in a contract expiration of December 31, 2023.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize of the City Manager to extend the emergency contract for Engineering plan review and related services to Interwest Consulting Group for one year, ending December 31, 2026 at a cost not-to-exceed amount of $200,000.
Environmental Assessment Status: N/A
CEQA Review: Not required for these services.
Deadline for Action: 12/31/2025
Attachments:
1. Copy of previously executed Professional Service Agreement for Engineering plan review and related services
2. Updated billing rates provided by Interwest Consulting Group Visalia City Council Printed on 12/12/2025Page 2 of 3
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File #: 25-0566 Agenda Date: 12/15/2025 Agenda #: 15.
Visalia City Council Printed on 12/12/2025Page 3 of 3
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1171 West Shaw, Suite 101. Fresno, CA 93711
September 15, 2025
Jason Huckleberry – Director
City of Visalia – Engineering & Building Department
707 W. Acequina Avenue
Visalia, CA 93291
Re: CPI Rate Increase for Engineering and Building Department Services Agreement Dear Mr. Huckleberry,
We appreciate the opportunity to continue supporting the City of Visalia with Engineering and Building Department Services. Per our professional services agreement, our hourly rates listed below shall be automatically increased annually based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (CPI) unless a mutually agreed upon rate increase is established. Such an increase shall not exceed 4% per year. This letter is to inform the city that current rates in the contract will be escalated using the current 3.2% CPI and will become effective on the contract anniversary of November 1st 2025. The new rates for the amendment are as follows:
CLASSIFICATION HOURLY BILLING RATE
Engineering
Principal in Charge ....................................................................................................................... $237 Principal Engineer ...................................................................................................................................... 240 City Surveyor ................................................................................................................................. 222 City Engineer .............................................................................................................................................. 235 Project Manager ........................................................................................................................................ 220 Senior Traffic Engineer .............................................................................................................................. 210 Traffic Engineer III ...................................................................................................................................... 200 Traffic Engineer II ....................................................................................................................................... 190 Traffic Engineer I ........................................................................................................................................ 180 Traffic Engineering Associate II ................................................................................................................. 165 Traffic Engineering Associate I .................................................................................................................. 155 Transportation Engineer ............................................................................................................................ 220 Supervising Engineer ...................................................................................................................... 150 Senior Engineer ............................................................................................................................. 144 Licensed Land Surveyor .................................................................................................................. 165 Engineering Associate III ........................................................................................................................... 165 Engineering Associate II ................................................................................................................. 160 Engineering Associate I ............................................................................................................................. 145 Survey Technician ...................................................................................................................................... 135 Senior Engineering Technician .................................................................................................................. 135 Engineering Technician III.......................................................................................................................... 135 Engineering Technician II........................................................................................................................... 120 Engineering Technician I ................................................................................................................... 88
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Building Safety Services
Certified Building Official ............................................................................................................... 175 Deputy Building Official ............................................................................................................................. 160 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect………..……………....134 Supervising Structural Engineer ................................................................................................................ 210 Senior Structural Engineer .............................................................................................................. 144 Senior Plans Examiner .................................................................................................................... 144 CASp ........................................................................................................................................................... 145 Building Inspector ............................................................................................................................ 93 Permit Technician ………………………………………………………………………………………………………….……….………..67 Fire Protection Engineer ............................................................................................................................ 170 Senior Fire Plans Examiner ........................................................................................................................ 140 Fire Plans Examiner / Fire Inspector .................................................................................................. 98 ICC Building Plans Examiner ..................................................................................................................... 134 Please contact Devin Locke at [email protected] or 949-889-5270 should you have any questions.
Sincerely,
David Kniff, Director of Plan Review Services Operations 582
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0567 Agenda Date: 12/15/2025 Agenda #: 16.
Agenda Item Wording:
Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-15 pertaining to the approval of Zoning Text Amendment No. 2025-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 2.7 for Missing Middle Housing, Program 3.17 for Planning for Large Sites, and Program 5.2 for Emergency Shelters, all contained in the City of Visalia 6th Cycle Housing Element. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act pursuant to Code of Regulations Section 15061(b)(3).
Prepared by:
Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation:
Staff recommends that the City Council adopt the second reading of Ordinance No. 2025-15 for Zoning Text Amendment No. 2025-04, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to the implementation of Housing Element Implementation Programs
2.7, 3.17, and 5.2.
Executive Summary:
The first reading of Ordinance No. 2025-15 for Zoning Text Amendment (ZTA) No. 2025-04, approved by the City Council on December 2, 2025, assists in implementing three programs that were adopted with the 6th Cycle 2023-2031 Housing Element Update. Following the second reading and City Council adoption, Ordinance No. 2025-15 will go into effect 30 days following the December 15, 2025, meeting.
Background Discussion:
The proposed ZTA represents the second series of changes being undertaken to help fulfill the intended outcomes or objectives of the Housing Element (to help remove or overcome constraints to housing development). Specifically, this ZTA responds to aspects of three implementation programs that the Element identified to be completed by 2025.
The three implementation programs and the actions/objectives, as summarized from the Housing Element, are:
A. Amend residential development standards in the Zoning Ordinance to allow for and promote missing middle-density housing types (Portion of Program 2.7).
B. Adopt incentives to encourage the development of large Regional Housing Needs Assessment (RHNA) sites over 10 acres (Portion of Program 3.17).
C. Allow emergency shelters as a use permitted by right in a zone that is suitable for residential Visalia City Council Printed on 12/10/2025Page 1 of 3
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C. Allow emergency shelters as a use permitted by right in a zone that is suitable for residential uses in compliance with Assembly Bill 2339 (Portion of Program 5.2).
The staff report from the first reading of Ordinance No. 2015-15 for ZTA No. 2025-04, included as an Attachment, provides full details on the specific changes being made to the Visalia Municipal Code to fulfill the implementation programs.
Fiscal Impact: None.
Prior Council Action:
· On December 2, 2025, the City Council voted 5-0 to introduce the first reading of Ordinance No. 2025-15, for the approval of Zone Text Amendment No. 2025-04. During the public hearing of the first reading, no public comments were received. · On December 18, 2023, the City Council voted to adopt the 6th Cycle 2023-2031 Housing Element.
Planning Commission Review and Action:
On November 10, 2025, the Planning Commission voted 5-0 to recommend a modified approval of Zoning Text Amendment No. 2025-04. The modification was to expand the Emergency Shelter Overlay District to include sites citywide as discussed further above. There were no public comments given during the Planning Commission hearing. The modification made by the Planning Commission was the staff recommendation to the City Council for the first reading of Ordinance, which was approved by the City Council.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading and adopt Ordinance No. 2025-15 for Zone Text Amendment No. 2025-04.
Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendments, which largely pertain to expanding the scope of residential uses which are already allowed within the city, and are responding directly to requirements under State law, will not have a significant effect on the environment.
CEQA Review: A Notice of Exemption has been prepared for the project because Section 15061(b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Deadline for Action: 12/15/2025
Visalia City Council Printed on 12/10/2025Page 2 of 3
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File #: 25-0567 Agenda Date: 12/15/2025 Agenda #: 16.
Attachments:
1. Ordinance No. 2025-15 for Zoning Text Amendment No. 2025-04
2. City Council staff report from 1st Reading of Ordinance No. 2025-15, December 2, 2025 Visalia City Council Printed on 12/10/2025Page 3 of 3
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ORDINANCE 2025-15
ORDINANCE NO. 2025-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2025-04,
A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE), AS TO IMPLEMENT PROGRAM 2.7 FOR MISSING MIDDLE HOUSING, PROGRAM 3.17 FOR PLANNING FOR LARGE SITES, AND PROGRAM 5.2 FOR EMERGENCY SHELTERS, ALL CONTAINED IN THE CITY OF VISALIA 6TH CYCLE HOUSING ELEMENT, APPLICABLE CITYWIDE IN VISALIA.
WHEREAS, as required by California law, the City of Visalia has prepared an update (i.e., 6 th Cycle Update) to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031; and
WHEREAS, one implementation program (i.e. 2.7) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to amend residential development standards in the Visalia Zoning Ordinance to allow for and promote missing middle -density housing types and adopt revised zoning standards related to such housing types; and,
WHEREAS, one implementation program (i.e. 3.17) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt incentives to encourage the development of large Regional Housing Needs Assessment (RHNA) sites (over 10 acres), such as but not limited to waiving of the public hearing requirement related to parcel maps; and,
WHEREAS, said amendment pertaining to implementation program 3.17 would result in a new Overlay District entitled Large Housing Element Sites (HE) Affordable Housing Overlay as a new Section 17.06.070 to Chapter 17.06, Zone Classifications, and the certain sites to be contained in the Overlay District will be subject to the approval of certain types of tentative parcel maps as a ministerial approval without discretionary action, applicable to thirteen properties; and,
WHEREAS, one implementation program (i.e. 5.2) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to allow emergency shelters in com pliance with Assembly Bill 2339, including but not limited to allowing emergency shelters by right with appropriate development standards in a zone that is suitable for residential uses as a permitted use without a conditional use or other discretionary permit, and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 10, 2025; and,
WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the 586
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City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing , and recommended that the City Council approve Zone Text Amendment No. 2025-04 as modified by the Planning Commission; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on December 2 , 2025 , and introduced said Ordinance for first reading on that date; and,
WHEREAS, the City Council of the City of Visalia, held a 2nd reading for the Ordinance for Zone Text Amendment No. 2025-04 before said City Council on December 15, 2025; and,
WHEREAS, the City Council finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.
NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3).
BE IT FURTHER RESOLVED that the City Council approves this reading of an Ordinance to approve Zone Text Amendment No. 2025-04 based on the following specific findings and evidence presented:
1. That the Zoning Text A mendment is consistent with the intent of the General Plan, Housing Element, and Zoning Ordinance and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, as described in the following Housing Element Policies:
Housing Element Policy 2.7 - The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middle -density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the deve lopment of housing types affordable to the local workforce.
Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage, required setbacks, open space and landscaping requirements, and parking ratios, particularly in high resource, low -density, infill parcels. The City shall meet with local developers, property owners, and non - profits agencies to identify constraints and potential incentives to infill and missing middle development in 2024 and shall adopt revised standards for such projects in 2025.
Housing Element Policy 3.17 - The City shall allow for further subdivision or development of specific plans for sites larger than 10 acres that are identified in the Housing Element sites inventory and shall facilitate development at the expected affordability level for the sites. The City shall employ a range of tools and 587
ORDINANCE 2025-15
techniques, potentially including outreach to property owners and stakeholders, City financial resources (e.g., HOME funds), expedited processing, and other incentives to facilitate development on these sites, with priority given to sites in higher resource areas.
To facilitate the development affordable housing on large sites included in the sites inventory as lower -income capacity, … the City shall facilitate parceling at appropriate sizes (0.5 to 10 acres), provide expedited ministerial approval of lot splits or creation of new parcels, apply development standards to promote affordability and remove constraints to achieving maximum d ensity, and waive, reduce, or defer fees associated with subdivision.
Housing Element Policy 5.2 - To ensure compliance with Government Code section 65583(a)(4), as amended by AB 2339, the City shall:
• Amend the Zoning Code to allow emergency shelters by right (without conditional or other discretionary permit) with appropriate development standards in a zone that allows residential uses, is in proximity to transportation and services, and contains sufficient capacity to meet the need identified in the annual PIT count; provide capacity analysis compliant with State law.
2. That the waiving of the public hearing requirement related to the processing of parcel maps on certain housing sites identified in the current 6th-cycle Housing Element that are inventoried to meet moderate and lower income capacity assumptions will encourage the development of these sites . As stated in the Housing Element, the State Housing and Community Development Department established that parcels intended to support the development of units appropriate for lower-income households should be between 0.5 and 10 acres, and this action would assist affordable housing developers that may be unable t o finance the scale of a project necessitated by parcels greater than 10 acres.
3. That the Zone Text Amendment will not have a negative impact on the City’s housing stock, as the amendments will aid the development of sites listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.
4. That the Zone Text Amendment as it relates to missing middle-density housing types will further support the development of housing types within density ranges that are consistent to those specified in the General Plan Land Use Element for the Residential Low Density, Residential Medium Density, Residential High Density, Downtown Mixed Use, and Commercial Mixed Use land use designations.
5. That the Zone Text Amendment is consistent, where applicable, with potions of State law, including but not limited to Government Code Section 65000 et. seq.
6. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption) as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element. 588
ORDINANCE 2025-15
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2025-04, is approved, as contained in Exhibits “A”, “B”, and “C” of this Ordinance, in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.
PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________
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 Ordinance 2025-15 passed and adopted by the Council of the City of Visalia at a regular meeting held on December 15, 2025, and certify a summary of this ordinance will be published in the Visalia Times Delta.
Dated: December 16, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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ORDINANCE 2025-15
Ordinance No. 2025-15
Exhibit “A”
Pertaining to Implementation of Program No. 3.17
Section 1. Chapter 17. 06, Zone Classifications , of the Visalia Zoning Ordinance, is hereby amended to add a new Article and Section to be entitled Section 17.06.070, “Large Housing Element Sites (HE) Affordable Housing Overlay”, to read as follows, as specified by italics & underline for additions:
Title 17 ZONING
Chapter 17.06, Zone Classifications
Article 1. General
17.06.010 Establishment of zone names.
17.06.020 Establishment of zones by map.
17.06.030 Division of the zoning map.
17.06.040 Uncertainty of zone boundaries.
17.06.050 Boundary changes because of annexation or right-of-way abandonment.
17.06.060 Designated Housing Element Sites (HE) Overlay Article 2. Overlay Zones
17.06.060 Designated Housing Element Sites (HE) Overlay
17.06.070 Large Housing Element Sites (HE) Affordable Housing Overlay
A. Purpose. The purpose of the Large Housing Element Sites (HE) Affordable Housing overlay district is to establish a waiver of the tentative parcel map and the associated hearing requirements before the city Planning Commission for certain properties that are in excess of ten (10) acres in size and are listed on the Regional Housing Needs Allocation sites inventory of the City’s Housing Element with a designation for moderate or lower income housing pursuant to California Housing Law or having a zone designation of R-M-2 or R-M-3.
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ORDINANCE 2025-15
B. Designation of HE Affordable Housing Overlay Sites. The HE Affordable Housing Overlay is applied to the following parcels, as identified in the Year 2023-2031 (6th Cycle) Housing Element as potential sites for lower income housing.
Sites larger than 10 acres with Lower and Moderate Income Capacity and R-M-2 / R-M-3 Zoning
Map
ID Location APN Zoning Acres
44 Riverway Ave & Linwood St 077-060-024 R-1-5, R-M-2 72.49 51 Lovers Lane & Packwood Creek 101-050-041 O-PA, QP, R-1-5, R-M-2 35.06 70 E Houston Ave & N Irma St 098-050-005 QP, R-M-2 11.01 76 2639 E Noble Ave 100-080-003 C-MU, R-M-2 13.45
77 Ivanhoe Dr & Comstock St 103-020-068 R-1-5, R-M-2 12.10 97 Visalia Pkwy & Woodland St 121-440-002 QP, R-M-2, R-M-3 23.02 100 Cameron Ave & Vintage St 122-340-002 C-R 18.63
107 1818 E Goshen Ave 098-050-002 C-N, R-M-2, R-M-3 11.36 108 E Douglas Ave & N O'Malley St 098-050-003 R-M-2, R-M-3 11.35 116 1641 E Tulare Ave 100-390-002 R-1-5, R-M-3 10.16
118 E Caldwell Ave & S Santa Fe St 123-220-044 C-MU, R-M-3 12.38 123 Cameron & Stonebrook 122-340-001 R-M-3 10.43
125 Riggin & Roeben 077-100-100 R-M-3 29.31
C. Ministerial approval of parcel map.
1. Ministerial approval. A parcel map is eligible for ministerial review if the parcel is for any parcel in the HE Affordable Housing Overlay or for any portion of a parcel in the HE Affordable Housing Overlay that was previously subdivided and the parcel meets the performance standards under subsection (B) of Section
17.06.070. No tentative parcel map shall be required.
2. Advisory agency. For parcels maps that are ministerially reviewed under this Article, the Site Plan Review Staff shall be the advisory agency referred to in Article 2 of the Subdivision Map Act that is charged with the duty of making investigations and reports on the design and improvement of proposed divisions of land . The City Planner and City Engineer shall make a finding in support of approval of a parcel map that the proposed map is consistent with the Municipal Code, the Map Act, and other applicable law with respect to parcel size, zoning, and density.
3. Review by Site Plan Review Staff. Review of parcel maps under this Article shall include ministerial review by the Site Plan Review Staff in accordance with subsection (B) of Section 16.28.030.
4. Final parcel map. Once the Site Plan Review staff declares their intention to allow the project to proceed to filing of a final parcel map, the applicant shall proceed with filing a final parcel map in accordance with Section 16.28.120. 591
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D. Development standards. Notwithstanding any other provision of this article, the Site Plan Review Staff shall ministerially approve a parcel map only if it determines that the parcel map meets all the following requirements.
1. The parcel map subdivides an existing parcel to create no more than four new parcels.
2. All newly created parcels are no smaller than one -half (0.5) acre and no larger than ten (10) acres.
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ORDINANCE 2025-15
Ordinance No. 2025-15
Exhibit “B”
Pertaining to Implementation of Program No. 2.7
Section 1. City of Visalia Municipal Code is hereby amended as follows, as specified by italics & underline for additions and strikeout for deletions.
10.16.210 Parking commercial vehicles in residential district.
B. For the purpose of this section the following definitions are defined as follows:
1. A "residence district" shall mean those districts or areas zoned as residential and indicated as such on the city general plan land use and zoning maps, including land use designations of very -low, low, medium and high density residential, and zoni ng designations of R-1-5, R-1-12.5, R-1-20, R-M-2, and R-M-3.
2. Class A CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
3. Class B CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
C. Notwithstanding the provisions of subsection A. of this section, for those properties with a zoning classification of R-1, R-1-12.5, R-1-20, R-M-2, and R-M-3, which also have a lot size greater than ten thousand (10,000) square feet it is lawful to park or permit to be parked a commercial vehicle requiring a Class A or Class B license on private property if all of the following conditions are met: …
12.36.050 General standards.
B. The amount of land required for each type of dwelling unit shall be based on the average number of persons per household for each dwelling unit type which has been estimated by the most recent federal census or a State census taken pursuant to Section 40200 et seq., of the Government Code. The amount of land required for park and recreation facilities for each dwelling unit type are established as follows:
15.52.190 Landscaping and screening.
Dwelling Type Zoning District Average Persons
Per Household
Acres/Dwelling
Unit
Single-Family R-1S 3.1 .0124
Multiple Family R-M 2.4 .0096
Mobile Homes
2.4 .0096
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C. Mobile home parks shall provide solid perimeter screen fencing, a maximum of six feet in height, along all side and rear property lines where the park adjoins a R-A, R-1S or R-M district;
Section 2. City of Visalia Municipal Code Title 17, Zoning Ordinance, is hereby amended as follows, as specified by italics & underline for additions and strikeout for deletions.
17.04.030 Definitions.
"Quasi-public use" means any use that is listed as a conditional use within the R-1S zone.
17.06.010 Establishment of zone names.
A. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, several classes of zones are established to be known as follows:
4. Single-family residential zone – 5,000 square foot minimum site area , abbreviated as R-1-5;
B. The R-1-20, R-1-12.5, and R -1-5 zones may be collectively identified as Single - family Residential zones, and abbreviated as R-1S.
17.08.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R-1S or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review Staff.
17.08.130 Fences, walls, and hedges.
B. Fences may be constructed of any generally acceptable material except that barbed wire and electric charged fences are not allowed within thirty (30) feet of an R-1S or R-M zone. Exceptions to this section may be granted in accordance with Chapter 17.38.
17.10.050 Required conditions.
A. Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from an R-1S or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height if required by the Site Plan Review CommitteeStaff.
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17.10.130 Fences, walls, and hedges.
B. Fences may be constructed of any generally acceptable material except that barbed wire and electric charged fences are not allowed within thirty (30) feet of an R-1S or R-M zone. Exceptions to this section may be granted in accordance with Chapter 17.38.
17.12.010 Purpose and intent.
In the R-1S single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one -family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize t raffic congestion and to avoid an overload of utilities designed to service only low density residential use.
17.12.015 Applicability.
The requirements in this chapter shall apply to all property within R-1S zone districts.
17.12.020 Permitted uses.
In the R-1S single-family residential zones, the following uses shall be permitted by right:
A. One-family dwellings on a lot with the minimum site area as specified in Section
17.12.050, including lots with lot area of between 3,600 and 4,999 square feet if developed in accordance with Sections 17.12.135(A) and (B);
17.12.030 Accessory uses.
In the R-1S single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions: …
17.12.040 Conditional uses.
In the R-1S single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
A. Planned development subject to the provisions of Chapter 17.26 . A Planned development is required to create lots having less than 3,600 square feet lot area, in accordance with Section 17.12.135(C). A Planned development is not necessary to accompany the processing of a tentative parcel map if meeting the development criteria set forth in Section 17.26.090;
17.12.050 Site area.
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ORDINANCE 2025-15
The minimum site area shall be as follows:
Zone Minimum Site Area
R-1-5, unless developed in accordance with Section 17.12.135. 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street.
The minimum width shall be as follows:
Zone Interior Lot Corner Lot
R-1-5, unless developed in accordance with Section 17.12.135. 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way.
17.12.060 Number of dwelling units per site.
In the R-1S single-family residential zone, not more than one dwelling unit shall be located on each site, notwithstanding Chapter 17.14 pertaining to accessory dwelling units, and notwithstanding California Government Code Section 65852.21(a) which allows two residential units on a site.
17.12.080 Front yard.
A. The minimum front yard shall be as follows:
Zone Minimum Front Yard
R-1-5 Unless developed in accordance with Section
17.12.135, F fifteen (15) feet for living space and side- loading garages and twenty -two (22) feet for front -
loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte
cochere. A Porte Cochere with less than twenty -two
(22) feet of setback from property line shall not be
counted as covered parking, and garages on such sites
shall not be the subject of a garage conversion.
R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
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17.12.090 Side yards.
A.Unless developed in accordance with Section 17.12.135, T the minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty -two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.
17.12.100 Rear yard.
In the R-1S single-family residential zones, the minimum yard shall be twenty -five (25) feet, subject to the following exceptions: …
17.12.110 Height of structures.
In the R-1S single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section 17.12.100(B).
17.12.120 Off-street parking.
In the R-1S single-family residential zone, subject to the provisions of Chapter 17.34.
17.12.130 Fences, walls and hedges.
In the R-1S single-family residential zone, fences, walls and hedges are subject to the provisions of Section 17.36.030.
17.12.135 Lot area less than 5,000 square feet.
A.Notwithstanding Section 17.12.050, lots in the R -1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met: …
17.14.040 Where Allowed.
In compliance with California Government Code Section 66314, accessory dwelling units shall be allowed by -right (ministerially permitted) in any zone which allows residential uses. Specifically, the City’s Agriculture zone (A), Open Space zone (OS), Single -family residential zones (R-1-5, R-1-12.5, and R-1-20), and Multi-family residential zones (R-M- 2 and R-M-3) shall allow accessory dwelling units by-right.
This Section also applies to mixed-use zoning districts which allow residential and zones which allow residential as a conditionally permitted use. Specifically, the City’s Commercial zones (C-N, C-R, C-S, C-MU, and D-MU, Office zones (O-PA and O-C), and Industrial zones (BRP, I-L, and I) shall allow accessory dwelling units by-right. 597
ORDINANCE 2025-15
17.14.060 Types of Accessory Dwelling Units.
An accessory dwelling unit approved under this Chapter may be one of, or a combination of, the following types:
D. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following (see Section 17.14.110 (Standards Applicable to Junior Accessory Dwelling Units) for additional regulations):
1. Shall only be allowed on parcels zoned Single -family Residential (R-1-5, R-1-12.5, or R-1-20) and that include an existing or proposed single-family dwelling.
17.16.040 Conditional uses.
R. Residential structures up to four stories in height in the R -M-3 Zone District when the proposed structure is adjacent to an R-1S Zone District.
17.16.100 Height of structures.
The maximum height of structures shall be thirty -five (35) feet or three (3) stories whichever is taller in the R-M-2 zone. The maximum height shall be four (4) stories in the R-M-3 zone. Where an R -M-2 or R -M-3 site adjoins an R-1S site, the second and subsequent stories shall be designed to limit visibility from the second and third story to the R-1S site. Structures specified under Section 17.16.090(B) shall be exempt.
17.16.080 Side yards.
A. The minimum side yard for a permitted or conditional use shall be five feet subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet.
B. Side yard providing access to more than one dwelling unit shall be not less than ten feet.
17.16.160 Screening.
All parking areas adjacent to public streets and R-1S sites shall be screened from view subject to the requirements and procedures of Chapter 17.28.
17.16.170 Screening fence.
Where a multiple family site adjoins an R-1S site, a screening block wall or wood fence not less than six feet in height shall be located along the property line; except in a required front yard, or the street side of a corner lot and suitably maintained.
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ORDINANCE 2025-15
17.18.060 Development standards in the C-N zone.
The following development standards shall apply to property located in the C-N zone:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: fifteen (15) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: fifteen (15) feet;
2. Rear: five (5) feet (except where a building is located on rear property line);
3. Rear yards abutting an R-1S or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1S or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet.
17.18.070 Development standards in the C-R zone.
The following development standards shall apply to property located in the C-R zone:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: twenty (20) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: twenty (20) feet;
2. Rear: five (5) feet (except where a building is located on rear property line); 599
ORDINANCE 2025-15
3. Rear yards abutting an R-1S or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1S or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet.
17.18.080 Development standards in the C-S zone.
The following development standards shall apply to property located in the C-S zone:
A. Minimum site area: five thousand (5,000) square feet.
B. Maximum building height: sixty (60) feet.
C. Minimum required yards (building setbacks):
1. Front: ten (10) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: ten (10) feet;
2. Rear: five (5) feet (except where a building is located on rear property line);
3. Rear yards abutting an R-1S or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1S or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet.
17.19.060 Development standards in the C-MU zones outside the downtown area.
The following development standards shall apply to property located in the C -MU zone and located outside the Downtown Area, which is defined as the area that is south of Murray Avenue, west of Ben Maddox Way, north of Mineral King Avenue, and east of Conyer Street:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: fifteen (15) feet;
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ORDINANCE 2025-15
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: fifteen (15) feet;
2. Rear: five (5) feet;
3. Rear yards abutting an R-1S or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1S or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet.
E. The provisions of Chapter 17.58 shall also be met, if applicable. (Ord. 2017 -01 (part), 2017)
17.19.070 Development standards in the D -MU zone and in the C -MU zones inside the downtown area.
The following development standards shall apply to property located in the D-MU and C- MU zone and located inside the Downtown Area, which is defined as the area that is south of Murray Avenue, west of Ben Maddox Way, north of Mineral King Avenue, and east of Conyer Street:
A. Minimum site area: No minimum.
B. Maximum building height: one hundred (100) feet.
C. Minimum required yards (building setbacks):
1. Front: zero (0) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: zero (0) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: zero (0) feet;
6. Street side yard on corner lot: zero (0) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: five (5) feet (except where a building is located on property line);
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: zero (0) feet;
4. Side: five (5) feet (except where a building is located on side property line); 601
ORDINANCE 2025-15
5. Side yards abutting an R-1S or R-M zone district: five (5) feet except where a building is located on side property);
6. Street side on corner lot: five (5) feet (except where a building is located on property line).
E. The provisions of Chapter 17.58 shall also be met, if applicable.
17.20.050 Development standards in the O-PA zone.
The following development standards shall apply to property located in the O-PA zone:
A. Minimum site area: five (5) acres.
B. Maximum building height: fifty (50) feet.
C. Minimum required yards (building setbacks):
1. Front: fifteen (15) feet;
2. Rear: zero (0) feet;
3. Rear yards abutting an R-1S or R-M zone district: fifteen (15) feet;
4. Side: zero (0) feet;
5. Side yards abutting an R-1S or R-M zone district: fifteen (15) feet;
6. Street side yard on corner lot: ten (10) feet.
D. Minimum required landscaped yard (setback) areas:
1. Front: fifteen (15) feet;
2. Rear: five (5) feet;
3. Rear yards abutting an R-1S or R-M zone district: five (5) feet;
4. Side: five (5) feet (except where a building is located on side property line);
5. Side yards abutting an R-1S or R-M zone district: five (5) feet;
6. Street side on corner lot: ten (10) feet. (Ord. 2017-01 (part), 2017)
17.22.060 Development standards in the I-L and I zones.
A. The I -L and I zone districts include streets of varying width, carrying capacity and intended service. The development standards vary by type of street in order to maintain a consistent streetscape and achieve a high quality visual impact necessary to sustain an attractive and viable industrial area. The following development standards shall apply to property located in the I-L and I zones:
A. Minimum site area: five (5) acres.
B. Maximum building height: seventy-five (75) feet.
C. Minimum required yards (building setbacks):
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ORDINANCE 2025-15
1. Frontage on major road: twenty-five (25) feet. (Major roads are defined as roads shown as arterials or collectors on the Circulation Element Map, including but not limited to Goshen Avenue, Plaza Drive, and Avenue 308);
2. Frontage on minor road: fifteen (15) feet. (Minor roads are defined as roads shown as local streets on the Circulation Element Map, including but not limited to Elowin Court, Clancy Drive, and Rasmussen Avenue);
3. Frontage on interior roads: ten (10) feet. (Interior roads provide access only to parcels within a development.);
4. Rear: zero (0) feet;
5. Rear yards abutting an R-1S or R-M zone district: twenty (20) feet;
6. Side: zero (0) feet;
7. Side yards abutting an R-1S or R-M zone district: twenty (20) feet;
8. Side abutting railroad right-of-way: twenty-five (25) feet.
D. Minimum required landscaped yard (setback) areas:
1. Frontage on major road: twenty-five (25) feet. (Major roads are defined as roads shown as arterials or collectors on the Circulation Element Map, including but not limited to Goshen Avenue, Plaza Drive, and Avenue 308);
2. Frontage on minor road: fifteen (15) feet. (Minor roads are defined as roads shown as local streets on the Circulation Element Map, including but not limited to Elowin Court, Clancy Drive, and Rasmussen Avenue);
3. Frontage on interior roads: ten (10) feet. (Interior roads provide access only to parcels within a development.);
4. Rear: zero (0) feet;
5. Rear yards abutting an R-1S or R-M zone district: ten (10) feet;
6. Side: zero (0) feet;
7. Side yards abutting an R-1S or R-M zone district: ten (10) feet;
8. Side abutting railroad right-of-way: twenty-five (25) feet.
E. Additional standards:
1. Properties subdivided into parcels of less than five acres shall provide a common or joint storm drainage facility or pond, to be maintained through a private property owners' association formed at the time of subdivision.
2. An eight-foot masonry wall is required along property line where a site abuts an R-1S or R-M zone district.
17.25.030 Commercial, Office, and Industrial Zone Use Table D. [Table 17.25.030, Commercial, Mixed Use, Office, and Industrial Zones Use Matrix] 603
ORDINANCE 2025-15
Residential Units, New or
Expansions, which may or may
not be associated with a
commercial activity
C C C C C C C C C C
Residential Units, New or
Expansion, on a site with one or
more legally established dwelling
units, maintaining General Plan
density standards
P P
17.26.050 Application procedures.
The following procedures specify the process for review of a planned development. …
B.Application Process. After completing the pre-application review process the owner, or agent, shall file an application for a planned development. Such application submittal shall be processed as a conditional use permit and shall require a site plan review permit. An application for planned development is not necessary to accompany the processing of a tentative parcel map if meeting the development criteria set forth in Section 17.26.090.
The city planner shall determine the extent of development deta il required as part of the application submittal. Such details may include, but is not limited to, the following: …
17.26.090 Development standards for tentative parcel maps exempt from a planned development.
A. Exemption. Notwithstanding any other provision of this chapter, a planned development is not necessary to accompany the processing of a tentative parcel map if meeting the development standards set forth in this section. 604
ORDINANCE 2025-15
B. Development standards. The waiving of a planned development is allowed if the project meets the following development standards:
1. The parcel has a zoning designation of R-S or R-M.
2. The project entails a parcel map that subdivides an existing parcel to create no more than four new parcels.
3. An easement with a minimum width of eighteen (18) feet width is provided for access and utility purposes, which provides access to all parcels within the parcel map. The width of said easement may be split between two parcels as to provide a single acc ess drive originating from two public street fronting parcels.
4. A n agreement addressing vehicular access, utilities, and any other pertinent infrastructure or services shall be recorded with the final parcel map. The agreement shall address property owners' responsibility for repair and maintenance of the easement, repair and maintenance of shared public or private utilities, and shall be kept free and clear of any structures excepting solid waste enclosures. The City Planner and City Engineer shall review for approval this agreement verifying compliance with these requirements prior to recordation. The agreement shall be recorded with the recording of the Final Parcel Map. The agreement shall include provisions for the upkeep of any common usable open space on the parcel, if applicable.
5. For properties with a zoning designation of R-S:
a. A minimum 20-foot buildable area setback shall be provided on one side of each non-public street fronting parcel, not to be located on the same side containing the access easement, for every parcel within the parcel map.
b. A minimum 5-foot buildable area setback shall be provided on all other sides of each non-public street fronting parcel, for every parcel within the parcel map. c. A minimum one thousand two hundred and fifty (1,250) square feet of usable open yard area, not including the access easement, shall be maintained on each parcel. d. All parcels shall have a minimum lot size of that corresponds to Section
17.12.050, and in no case shall any lot be smaller than five thousand (5,000) square feet.
6. For properties with a zoning designation of R-M:
a. A minimum 15-foot buildable area setback shall be provided on one side of each non-public street fronting parcel, not to be located on the same side containing the access easement, for every parcel within the parcel map.
b. A minimum 5-foot buildable area setback shall be provided on all other sides of each non-public street fronting parcel, for every parcel within the parcel map. c. A minimum of five (5) percent of the site shall be maintained as usable open yard area, not including the access easement. The usable open yard areas cumulatively may be for use by an individual unit, or as common open space, or as a combination of both.
d. All parcels shall have a minimum lot size of six thousand (6,000) square feet.
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17.30.015 Development standards.
E. Screening and Storage.
1. Where practical, all roof mounted air conditioners, roof vents, etc. should be screened from view from ground level. Such screening must be of a style and material such that it is an integral part of the building architecture. This would not apply to multiple family development.
2. Where commercial, office, or industrial site adjoins an R-1S or R-M district, a concrete block or masonry wall to a height recommended by the site plan review staff shall be located on the property line except in a required front yard, or the street side of a corner lot and suitably maintained. This requirement may be waived if an alternative landscaped buffer is provided as approved by the planning commission as an exception.
3. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R-1S or R-M district shall be screened by a concrete block or masonry wall to a height to be determined by the site plan review staff, if the site plan review staff finds said use to be unsightly.
4. Open storage of materials and equipment, except commercial vehicles and used car sales lots, shall be permitted only within an area surrounded and screened by a concrete block or masonry wall to a height to be determined by the site plan review staff; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.
5. In all commercial, office, mixed use, and business research park zone districts all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off -street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, bus depots and transit stations and electric distribution substations.
6. Where commercial or office uses abut property zoned R-1S, the upper stories of the structure to be occupied with commercial or office uses shall be so designed, or windows screened, to limit visibility onto the R-1S zoned property.
17.32.060 Subdivision sales offices.
In an R-1S or R -M zone, no sales offices of any character shall be permitted in any subdivision except one sales office in a subdivision of not less than five acres located not less than one hundred fifty (150) feet from any existing dwelling outside of the subdivision.
Any temporary sales office in a subdivision may be located in a model home on a lot located in the subdivision.
17.32.150 Bed and breakfast facilities.
D. Development Criteria for Traditional Bed and Breakfast Facilities. Traditional bed and breakfast facilities are permitted, pursuant to a site plan review permit, in R-1S and R-M zoned areas located within the boundaries of the historic district and on individual properties located outside the historic district when such properties are listed on the local 606
ORDINANCE 2025-15
register of historically significant structures. In order for a site plan review permit to be approved, the following development criteria shall be met:
1. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply;
2. One additional off -street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement;
3. The owner of the facility shall reside on site;
4. Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes;
5. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights;
6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
The site plan review staff and/or the planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as all other provisions of this section;
7. One externally lighted sign shall be allowed at the facility. The sign may be either wall mounted or free standing and shall not exceed six square feet in area. A freestanding sign shall not exceed five feet in height. The historic preservation board shall have authority to review and approve, approve with conditions, or deny the location, size, materials and design of any sign proposed in conjunction with a bed and breakfast facility, subject to the above area and height limitations;
8. Bed and breakfast facilities shall be operated by the permanent occupants of the facility. No more than one person not residing at the facility shall be employed in the operation of the facility;
9. In no case shall any bed and breakfast facility be approved on a site on which the dwelling has been the subject of a garage conversion pursuant to the regulations of Chapter 17.32 governing such conversions.
E. Development Criteria for Bed and Breakfast Inns. Bed and breakfast inns are permitted as a conditional use in R-1S and R-M zoned areas located within the boundaries of the historic district and on individual properties located outside the historic district when such properties are listed on the local register of historically significant structures. In order for a conditional use permit for a bed and breakfast inn to be approved, the following development criteria shall be met:
1. All of the provisions and criteria listed in Section 17.32.150(D) for traditional bed and breakfast facilities, with the exception of subsections (D)(3) and (D)(8) of this section.
However, the planning commission may require one or more of these criteria as conditions to be met in specific instances;
2. A bed and breakfast inn facility shall consist of no more than two residential dwellings on a maximum of two adjacent parcels. A facility consisting of more than one dwelling or 607
ORDINANCE 2025-15
parcel shall be considered a single facility. Adjacent parcels shall be adjoining contiguous parcels that are not separated by a public right-of-way.
3. The owner of the bed and breakfast inn shall reside at the facility. If more than one person who resides off the facility is employed, one additional off-street parking space for every two such employees shall be provided.
17.32.166 Short-term rental permits.
B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short -term rentals are subject to the following operational standards in all R-1S and R-M zones citywide: …
17.32.260 Applicability.
The provisions of this article shall apply only to parcels ten thousand (10,000) square feet in area or larger that are located within the R -1-5, R-1-12.5, and R -1-20 zones, or as determined by City Planner subject to criteria set forth in Section 17.02.170.
17.34.030 Standards for off-street parking facilities.
All off-street parking facilities shall conform with the following standards:
K. In all C -N, C-R, C-S, C-MU, D-MU, O-PA, O-C, and BRP zone districts where a site adjoins or is directly across the street from an R-1S or R-M zone, a concrete block or masonry wall not less than six feet in height shall be located on the property line except in a required front yard, in which case the wall shall be three feet, and suitably maintained.
17.36.010 Purpose.
The purpose of this chapter is to control location and height of fences as may be required by city laws, rules and regulations to safeguard life or limb, property and public welfare.
Fences may be constructed of any generally acceptable material except that barbed wire and electric charged fences are specifically prohibited in any R-1S or R-M zone.
17.36.030 Single-family residential zones.
The following standards shall apply to sites within an R-1S zone: …
17.36.050 Commercial and mixed use zones.
The following standards shall apply to sites within a C-N, C-R, C-S, C-MU, or D-MU zone:
A. Where a site in the C-N, C-R, C-S, C-MU, or D-MU zone adjoins an R-1S or R-M zone, either a concrete block masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained or a 608
ORDINANCE 2025-15
landscaped buffer be provided as approved by the planning commission. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
B. A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R-1S or R-M zone shall be screened by a concrete block or masonry wall not less than six feet in height, if the city planning commission finds said use to be unsightly. A landscaped buffer can be approved by the planning commission in place of a required wall as an exception.
C. Open storage of materials and equipment, except commercial vehicles and used car sales lots, shall be permitted only within an area surrounded and screened by a concrete block or masonry wall not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one-foot height is not of a solid material.
E. Exceptions may be granted in accordance with Chapter 17.42.
17.36.060 Office zones (O-PA, O-C, BRP).
The following standards shall apply to sites within a O-PA, O-C, or BRP zone:
A. Where a site in the OPA, O -C, or BRP zone adjoins an R -A, R-1S or R-M zone a concrete or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard, and suitably maintained. A landscaped buffer can be approved by the planning commission in place of the wall as an exception. A fence, wall, or hedge height greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
B. No fence or wall in the OPA, O -C, or BRP zone shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet provided that the additional one -foot height is not of a solid material.
C. Exceptions may be granted in accordance with Chapter 17.42.
17.36.070 Industrial zones.
The following standards shall apply to sites within an I-L or I zone:
A. Where a site within an I-L or I zone adjoins an R-A, R-1S or R-M zone a concrete block or masonry wall not less than seven feet in height shall be located on the property line except in a required front yard and suitably maintained. A fence, wall, or hedge height 609
ORDINANCE 2025-15
greater than seven feet may be allowed when extenuating circumstances exist such as to address grade elevation differences between parcels, which allows fence height to be measured from the higher base elevation.
B. A use not conducted entirely within an enclosed structure, on a site across a street or alley from an R-A, R-1S or R-M zone shall be screened by a concrete block or masonry wall not less than seven feet in height, if the site plan review staff finds said use to be unsightly.
C. Open storage of materials and equipment shall be permitted only within an area screened by a concrete block or masonry wall not less than six feet in height, which is adjacent to a public street or a residence provided that no materials or equipment shall be stored to a height greater than that of the wall or fence.
D. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard or street side yard. A fence or wall may be allowed in a required front yard or street side yard to a height of four feet; provided, that the additional one-foot height is not of a solid material.
E. Exceptions may be granted in accordance with Chapter 17.42. 610
ORDINANCE 2025-15
Ordinance No. 2025-15
Exhibit “C”
Pertaining to Implementation of Program No. 5.2
Section 1. City of Visalia Municipal Code Title 17, Zoning Ordinance, is hereby amended as follows, as specified by italics & underline for additions and strikeout for deletions.
Chapter 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones
17.25.030 Commercial, Office, and Industrial Zone Use Table D. [Table 17.25.030, Commercial, Mixed Use, Office, and Industrial Zones Use Matrix]
Emergency Shelters
C P*
/C C P
C
17.32.130
P*
Permitted
in Overlay
District,
Section
17.32.130
Chapter 17.32 Special Provisions
17.32.130 Emergency shelters.
B. Permits.
1. Emergency shelters are allowed as identified in the Zones Use Matrix included in Table 17.25.030. In accordance with State law, Government Code Section 65583, the zone where emergency shelters are allowed as a permitted use without a conditional 611
ORDINANCE 2025-15
use permit is the I-L (Light Industrial) zone Emergency Shelters Overlay Zone, located on certain sites within the C-MU (Commercial Mixed Use) zone district as specified in subsection E of Section 17.32.130.
E. Emergency Shelters Overlay Zone.
A. Purpose. The purpose of the Emergency Shelters (ES) overlay district is to establish an overlay district within the Commercial Mixed Use zone district where emergency shelters are permitted by-right in accordance with State law, Government Code Section 65583. The overlay district has been established on certain vacant sites within the C- MU (Commercial Mixed Use) zone district based upon its demonstrated compliance with State law as a nonresidential zoning district that allows for residential development, having sufficient sites with sufficient capacity, wherein the sites are located near amenities and services that include health care, transportation, retail, employment, and social services.
B. Designation of Emergency Shelters (ES) overlay district sites. The Emergency Shelters (ES) overlay district is applied to the following parcels.
APN_NO
Area
(Acres) Specific Location General Location ZONING
Hwy 198
Orientation
78120041 5.88 Dinuba & Shannon, SW Corner Dinuba / Riggin C-MU NORTH 78210023 3.98 Demaree & Riggin, NE Corner Dinuba / Riggin C-MU NORTH 78210024 0.60 Demaree & Riggin, NE Corner Dinuba / Riggin C-MU NORTH 78210025 0.41 Demaree & Riggin, NE Corner Dinuba / Riggin C-MU NORTH 78350050 1.96 Mooney & Riggin, NW Corner Dinuba / Riggin C-MU NORTH 78350052 0.46 Mooney & Riggin, NW Corner Dinuba / Riggin C-MU NORTH 78350053 0.47 Mooney & Riggin, NW Corner Dinuba / Riggin C-MU NORTH 78430006 0.43 Mooney & Riggin, NE Corner Dinuba / Riggin C-MU NORTH 90060058 2.06 Dinuba & Ferguson, NW Corner Dinuba / Riggin C-MU NORTH 90060064 4.68 Dinuba & Ferguson, NW Corner Dinuba / Riggin C-MU NORTH 91010053 0.68 Dinuba & Riggin, SE Corner Dinuba / Riggin C-MU NORTH 91010060 0.76 Dinuba & Riggin, SE Corner Dinuba / Riggin C-MU NORTH 91010063 0.64 Dinuba & Riggin, SE Corner Dinuba / Riggin C-MU NORTH 91010064 0.94 Dinuba & Riggin, SE Corner Dinuba / Riggin C-MU NORTH 91010065 1.46 Dinuba & Riggin, SE Corner Dinuba / Riggin C-MU NORTH 91021018 2.28 Dinuba & Ferguson, NE Corner Dinuba / Riggin C-MU NORTH 94015001 0.15 NW 2nd Ave Lincoln Oval C-MU NORTH
94034003 0.15 NE 3rd Ave Lincoln Oval C-MU NORTH
94034004 0.15 NE 3rd Ave Lincoln Oval C-MU NORTH
94034005 0.15 NE 3rd Ave Lincoln Oval C-MU NORTH
94100041 0.52 N Santa Fe Street East Downtown C-MU NORTH 94100042 0.74 N Santa Fe Street East Downtown C-MU NORTH 612
ORDINANCE 2025-15
94110013 2.09 N Santa Fe Street East Downtown C-MU NORTH 94130005 1.26 Santa Fe & Houston, SE Corner East Downtown C-MU NORTH 94130049 0.68 Santa Fe & Houston, SE Corner East Downtown C-MU NORTH 94160018 3.95 Burke & Goshen, NE Corner East Downtown C-MU NORTH 94170005 16.11 Burke & Goshen, NE Corner East Downtown C-MU NORTH 94201001 0.24 E Main, Burke to Ben Maddox East Downtown C-MU NORTH 94201027 2.20 E Main, Burke to Ben Maddox East Downtown C-MU NORTH 94204010 0.28 Burke & Acequia East Downtown C-MU NORTH
94211024 0.50 Burke & Mineral King East Downtown C-MU NORTH 94222004 2.25 E Acequia East Downtown C-MU NORTH
94231008 0.29 E Acequia East Downtown C-MU NORTH
94231009 0.14 E Acequia East Downtown C-MU NORTH
94232001 0.13 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94232003 0.28 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94232006 0.36 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94232016 0.29 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94235007 0.15 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94235008 0.00 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94235010 0.15 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94235012 0.16 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94235017 0.75 E Main, Santa Fe to Burke East Downtown C-MU NORTH 94250004 0.40 E Murray, Santa Fe to Burke East Downtown C-MU NORTH 94250031 0.52 N Burke East Downtown C-MU NORTH
94250043 0.28 E Murray, Santa Fe to Burke East Downtown C-MU NORTH 94250044 0.28 E Murray, Santa Fe to Burke East Downtown C-MU NORTH 98142055 1.67 Ben Maddox & Goshen, SE Corner East Downtown C-MU NORTH 98191028 0.94 1230 N Ben Maddox Way East Downtown C-MU NORTH 95010065 3.53 Demaree & Noble, SE corner Demaree & Noble C-MU 95010070 2.03 Demaree & Noble, SE corner Demaree & Noble C-MU 95010073 1.08 Demaree & Campus, NE corner Demaree & Noble C-MU 100050013 1.91 1819 E Noble Ave Lovers & Noble C-MU
100060011 2.42 2227 E Noble Ave Lovers & Noble C-MU
100060012 0.57 2227 E Noble Ave Lovers & Noble C-MU
100070007 0.14 Demaree & Goddard, SE corner Lovers & Noble C-MU 100070032 0.36 Demaree & Goddard, SE corner Lovers & Noble C-MU 100070062 1.66 Demaree & Goddard, SE corner Lovers & Noble C-MU 100070063 1.68 Demaree & Goddard, SE corner Lovers & Noble C-MU 100090035 1.41 645 S Lovers Lane Lovers & Noble C-MU
100120019 6.07 Lovers Lane & Tulare, NW corner Lovers & Noble C-MU 100640039 1.77 Caldwell & Stover, NW corner Caldwell & Santa Fe C-MU 613
ORDINANCE 2025-15
100720028 11.39 Lovers Lane & Caldwell, NW corner Lovers & Noble C-MU 101030030 1.47 Lovers Lane & Noble, SE corner Lovers & Noble C-MU 101030031 1.78 Lovers Lane & Noble, SE corner Lovers & Noble C-MU 101030032 4.08 Lovers Lane & Noble, SE corner Lovers & Noble C-MU 101030033 2.19 Lovers Lane & Noble, SE corner Lovers & Noble C-MU 101030034 0.58 Lovers Lane & Noble, SE corner Lovers & Noble C-MU 119340021 1.40 Demaree & Caldwell, SW corner Demaree & Caldwell C-MU 119730004 1.50 Demaree & Caldwell, SW corner Demaree & Caldwell C-MU 119730008 0.85 Demaree & Caldwell, SW corner Demaree & Caldwell C-MU 119730009 1.06 Demaree & Caldwell, SW corner Demaree & Caldwell C-MU 121380006 0.25 2358 S Mooney Blvd Mooney Blvd C-MU
121560001 2.34 3750 S Demaree St Mooney Blvd C-MU
121560002 2.34 3812 S Demaree St Mooney Blvd C-MU
121560030 0.14 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560031 0.13 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560034 0.09 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560035 0.11 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560036 0.11 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560037 0.10 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560038 0.11 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560039 0.10 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560040 0.17 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560041 0.18 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560042 0.14 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121560043 0.12 Demaree & Packwood, NE corner Demaree & Caldwell C-MU 121580001 3.77 Demaree & Caldwell, SE corner Demaree & Caldwell C-MU 121580006 0.91 Demaree & Caldwell, SE corner Demaree & Caldwell C-MU 121580007 1.52 Demaree & Caldwell, SE corner Demaree & Caldwell C-MU 121580008 0.79 Demaree & Caldwell, SE corner Demaree & Caldwell C-MU 121670010 14.22 Mooney & Ave 268, NW corner Mooney Blvd C-MU 122290012 0.36 1740 W Caldwell Ave Mooney Blvd C-MU
122290013 0.49 1740 W Caldwell Ave Mooney Blvd C-MU
122290014 0.50 1740 W Caldwell Ave Mooney Blvd C-MU
122300048 0.34 3335 S Fairway St Mooney Blvd C-MU
122332023 0.46 1447 W Caldwell Ave Mooney Blvd C-MU
122480006 0.80 6400 S Mooney Bl Mooney Blvd C-MU
122480011 0.47 6604 S Mooney Bl Mooney Blvd C-MU
122480014 0.36 6604 S Mooney Bl Mooney Blvd C-MU
122480020 0.65 6604 S Mooney Bl Mooney Blvd C-MU
122480021 2.30 6604 S Mooney Bl Mooney Blvd C-MU
614
ORDINANCE 2025-15
123220044 7.53 Caldwell & Santa Fe, NE corner Caldwell & Santa Fe C-MU 123270054 0.39 311 E Caldwell Ave Caldwell & Santa Fe C-MU 123450007 0.16 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450008 0.32 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450009 0.30 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450011 0.16 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450013 0.15 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450014 0.12 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450021 0.18 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450022 0.13 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450023 0.13 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450026 0.46 201 E Caldwell Ave Caldwell & Santa Fe C-MU 123450027 0.81 Caldwell & Court, SW corner Caldwell & Santa Fe C-MU 123450028 0.45 Caldwell & Court, SW corner Caldwell & Santa Fe C-MU 123450032 2.22 Caldwell & Court, SW corner Caldwell & Santa Fe C-MU 123450033 2.57 Caldwell & Court, SW corner Caldwell & Santa Fe C-MU
615
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 125-0520
Status:Type: Public Hearing Item Agenda Ready
File created: In control:11/6/2025 Visalia City Council On agenda: Final action:12/2/2025
Title: Ordinance Adoption - Public hearing and first reading of an Ordinance to adopt Zoning Text Amendment No. 2025-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 2.7 for Missing Middle Housing, Program 3.17 for Planning for Large Sites, and Program 5.2 for Emergency Shelters, all contained in the City of Visalia 6th Cycle Housing Element. The regulations will apply Citywide to properties within the city limits of the City of Visalia.
Sponsors:
Indexes:
Code sections:
Attachments: 1. CC Attachment 1 Ordinance 2025-15 for ZTA 2025-04, 2. CC Attachment 2 Staff Report from Joint
08.19.2025 Housing, 3. CC Attachment 3 Staff Report from Joint 08.19.2025 Shelters, 4. CC Attachment 4 Map of Large RHNA Sites, 5. CC Attachment 5 Recommended Map of Emergency Shelters Overlay District, 6. CC Attachment 6 Original Map of Emergency Shelters Overlay District, 7.
CC Attachment 7 AB 2339 Text
Action ByDate Action ResultVer.
Agenda Item Wording:
Ordinance Adoption - Public hearing and first reading of an Ordinance to adopt Zoning Text Amendment No. 2025-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 2.7 for Missing Middle Housing, Program 3.17 for Planning for Large Sites, and Program 5.2 for Emergency Shelters, all contained in the City of Visalia 6th Cycle Housing Element. The regulations will apply Citywide to properties within the city limits of the City of Visalia.
Prepared by:
Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2025-15, to amend portions of Municipal Code, primarily Title 17 (Zoning Ordinance), as to implement Program 2.7 for Missing Middle Housing, Program 3.17 for Planning for Large Sites, and Program 5.2 for Emergency Shelters, all contained in the City of Visalia 6th Cycle Housing Element. The proposed Ordinance incorporates a revision to the proposed Emergency Shelters Overlay Zone, per the motion made and approved by the Planning Commission, wherein the Overlay Zone shall include vacant sites within the C-MU zone district that are located Citywide rather than being restricted to sites located south of State Highway 198, as originally recommended by Planning staff.
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Executive Summary:
Zoning Text Amendment (ZTA) No. 2025-04 is a city-initiated request to implement Zoning Ordinance text amendments that stem from the adoption of the 6th cycle 2023-2031 Housing Element Update.
The Housing Element was adopted by the City Council on December 18, 2023, and subsequently found by State Housing and Community Development (HCD) to be in full compliance with state Housing Element law. Following adoption, the Housing Element is implemented through a series of implementation programs. Failure to adopt changes as specified in the Housing Element programs may result in various consequences if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’sremedy” (Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(5)).
The proposed ZTA represents the second series of changes being undertaken to help fulfill the intended outcomes or objectives of the Housing Element (to help remove or overcome constraints to housing development). Specifically, this ZTA responds to aspects of three implementation programs that the Element identified to be completed by 2025. The three implementation programs and the actions/objectives, as summarized from the Housing Element, are:
A. Amend residential development standards in the Zoning Ordinance to allow for and promote missing middle-density housing types (Portion of Program 2.7) The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (examples may include duplexes, triplexes, courtyard buildings, and townhomes) to encourage the development of housing types affordable to the local workforce.
Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage, required setbacks, open space and landscaping requirements, and parking ratios, particularly in high resource, low-density, infill parcels. The City shall meet with local developers, property owners, and non-profits agencies to identify constraints and potential incentives to infill and missing middle development in 2024 and shall adopt revised standards for such projects in 2025.
B. Adopt incentives to encourage the development of large Regional Housing Needs Assessment (RHNA) sites over 10 acres (Portion of Program 3.17) To facilitate the development of affordable housing on large RHNA sites (over 10 acres) included in the sites inventory as lower-income capacity, … the City shall facilitate parceling at appropriate sizes (0.5 to 10 acres). The City, by 2025, shall adopt incentives including, but not limited to, expedited approval of lot splits or creation of new parcels; waiving of the public hearing requirement related to parcel maps; waiving of the public hearing requirement related to approval of large multi-family uses (provided the project is affordable by deed-restriction), additional density bonus, lot coverage, or allowable height; and fee waivers, reductions, or deferral.
C. Allow emergency shelters as a use permitted by right in a zone that is suitable for residential uses in compliance with Assembly Bill 2339 (Portion of Program 5.2) To ensure compliance with Government Code section 65583(a)(4), as amended by AB 2339, the City shall amend the Zoning Code to allow emergency shelters by-right (without conditional or other discretionary permit) with appropriate development standards in a zone that allows residential uses, is in proximity to transportation and services, and contains sufficient capacity to meet the need identified in the annual Point In Time (PIT) count; provide capacity analysis Visalia City Council Printed on 12/2/2025Page 2 of 12
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meet the need identified in the annual Point In Time (PIT) count; provide capacity analysis compliant with State law.
All amendments are being proposed as a means for fulfilling the implementation programs described above and thereby complying with the requirements stated in the City’sadopted 6th cycle Housing Element of the General Plan.
Additional ZTAs to implement remaining implementation programs for more complex updates to the Zoning Ordinance will be implemented roughly each year through 2031 through one or more separate ZTA processes in each year. Each ZTA allows for the code changes to be vetted publicly through the public hearing process.
The entire Housing Element can be accessed at the following link:
<https://www.housevisalia.com/images/docs/VHEGP_HE_Compliant_2024-09-25.pdf> Background Discussion:
The three implementation programs provide the City with flexibility in determining how to fulfill each program’sobjectives. Each program allows the City to choose the standards or strategies, tailored to what is best for the City, to achieve the necessary outcome. This approach is different from Zone Text Amendment Nos. 2024-05 and 2025-03, processed in December 2024 and September 2025, which both had more explicit changes to aspects of the Zoning Ordinance that the City had to adopt to be compliant with State law.
Because each of these implementation programs leaves it to the City to decide what form or type of Zoning Ordinance text amendments to pursue, the Planning Division prepared agenda items on these three implementation programs that were discussed at the August 19, 2025 joint meeting of the City Council and Planning Commission (the two agenda items are attached as Attachments 2 and 3).
Where feasible, staff has considered the comments and direction given at this joint meeting to prepare the recommended changes that are the basis for this Zone Text Amendment.
As stated above, the City has options in determining how to meet the program objectives, but must move forward with implementation. The City must demonstrate that it is diligently pursuing and meeting the timeframes for completing individual programs in the Housing Element, or face penalties if the state determines that the City is not making changes to bring its Ordinance into compliance with State law. This includes the risk of having the City’sHousing Element fall out of compliance and losing the ability for future housing grant opportunities.
Project Analysis:
A. Amend residential development standards in the Zoning Ordinance to allow for and promote missing middle-density housing types (Portion of Program 2.7) Program 2.7 directs the City to conduct an evaluation of existing development standards in the Zoning Ordinance to identify potential constraints and potential incentives towards development of “missing middle housing”. Missing middle housing is characterized by a range of low to medium density range housing types located within residential neighborhoods and providing a more affordable alternative to the local workforce.
Housing types may include duplexes, triplexes, townhomes, and cottage homes; however, the density and composition of missing middle housing can vary based on the setting of the community.
Housing in a more urban and/or walkable area of the city could entail multi-unit and multi-story structures. Conversely, housing in existing single-family neighborhoods could entail smaller detached dwelling units or duplexes developed in a manner that maintains the neighborhood’s existing character. The latter example has to an extent been sanctioned in California through accessory Visalia City Council Printed on 12/2/2025Page 3 of 12
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character. The latter example has to an extent been sanctioned in California through accessory dwelling units (ADUs), Senate Bill (SB) 9 ministerial duplexes, and SB 9 ministerial lot splits. Visalia already has a track record of approving units through SB 9 and updating its ADU ordinance to be compatible with State law.
Recommendation Based on Joint Meeting Discussion
For the purpose of meeting the Housing Element’s prescribed timeframe of adopting revised standards by 2025, staff is pursuing amendments to the Zoning Ordinance that support and further streamline the types of units allowed in Visalia’s Residential (i.e., R-1-5, R-M-2 and R-M-3) and Mixed Use (i.e., D-MU and C-MU) zones, which already include ADUs, duplexes, small lots, and townhomes. Seven specific suggestions to change the Municipal Code were introduced and described at the joint meeting held on August 19, 2025, where members of the City Council and Planning Commission individually indicated their view toward each suggestion (see Attachment 2 for the staff report from this meeting). Based on the outcome of that discussion, five of the seven suggestions are being carried forward as recommendations in this Zoning Text Amendment.
Ongoing Study of Missing Middle Concepts on Infill Parcels It must be noted that also on August 19, 2025, the City Council and Planning Commission were presented with concepts where the City could expand its range of building types and allow for a greater mix of dwelling units and sizes in two types of areas:
1. Areas more walkable and within close proximity to locally serving retail and transportation, and having a Single-Family Residential or Downtown Mixed Use zone and traditional lot sizes.
2. Infill areas with undeveloped or underdeveloped lots, that have a Single-Family Residential zone with 5,000 sq. ft. minimum lot size but being larger sized (e.g., above 20,000 sq. ft.).
Of these options presented, members of the Council and Commission provided comments that desired a preference toward pursuing infill properties, particularly in the Tier I Urban Development Boundary, and providing tools, discounts, and incentives to develop on these sites. These comments have given staff the means to look deeper into coming up with specific opportunities and amendments that can be applied towards these properties. Such changes would require a greater amount of time to study and should not be rushed to meet the 2025 timeframe. Rather, staff plans to pursue this aspect of Missing Middle Housing independently from this currently proposed Zoning Ordinance code changes and incorporate a greater level of engagement with property owners and developers before returning to the Council and Commission for further review of potential infill property development incentives.
Staff Recommended Proposals for Missing-Middle Density Housing Types The suggested amendments below would be in keeping with the language of Housing Element Program 2.7, which states “the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage, required setbacks, open space and landscaping requirements, and parking ratios”.
The following suggestions are crafted for and fit directly into Visalia’s Zoning Ordinance. The objectives of these ideas are:
• To provide more clarity on allowed unit types and the development standards within the R-1-5 residential zone.
• To further streamline the approval process of residential entitlements on more routine actions in the Residential and Mixed Use zones, when it can be found that there are no land use Visalia City Council Printed on 12/2/2025Page 4 of 12
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compatibility issues.
• To provide more options for units to meet setback requirements in the Residential zones, particularly on lots that are constrained by lot depth.
Where potential changes to the City’sMunicipal Code are shown, new/additions to text is specified by underline & italics while deletions are specified by strikeout.
1. Rename the “Single-family residential zone - 5,000 square foot minimum site area” (abbreviated as R-1-5) to the “Single-family residential zone” (abbreviated as R-1).
Clean up language in the R-1 Zone regulations to clearly state that lots under 5,000 square foot site area are permitted.
The literal name of the R-1-5 zone implies that all lots shall have a minimum lot size of 5,000 square feet; however, the R-1-5 zone clearly allows for lots below 5,000 square feet as well.
Zoning Ordinance Section 17.12.135 allows for single-family residences without a minimum lot size. The City has seen many examples of this type of development, often in the form of planned unit developments. All development within the R-1-5 zone must comply with General Plan Policy LU-P-55, which allows for development at 2 to 10 dwelling units per gross acre in the zone.
Removing the “-5”lot size qualifier from the R-1-5 zone name will help provide a clearer message that single-family residential or low density residential development meeting the density range (2 to 10 units per acres) is allowed in the zone.
The recommendation would change the R-1-5 zone name to R-1. This change alone would create a conflict with Zoning Ordinance Section 17.06.010(B), which currently says the three Single-family Residential zones (R-1-5, R-1-12.5 and R-1-20) are collectively identified as Single- family Residential zones and abbreviated as R-1 throughout the Zoning Ordinance. To overcome this conflict, the recommendation would further change Section 17.06.010(B) to read that the three Residential zones will be collectively abbreviated as “R-S” throughout the Zoning Ordinance. This follows the same protocol as Section 17.06.010(C), where the two Multi-family Residential zones (R-M-2 and R-M-3) are collectively abbreviated as R-M throughout the Zoning Ordinance.
The zone names R-1-12.5 and R-1-20, which respectively require lot sizes with a minimum of 12,500 and 20,000 square feet, would remain unchanged.
It should further be noted that the changes affect the naming of the zones only and do not change the zoning designations on any property in the City.
Staff recommendation: Staff recommends text amendments to replace the zone name from R-1- 5 to R-1, with amendments that further clarify the allowed lot sizes and the requirements for obtaining those lot sizes, and changing the abbreviated R-1 reference for all three single-family residential zones to be referred collectively as R-S.
Recommended Changes to Zoning Ordinance: Changes would be made to Sections
17.06.010, 17.12.020, 17.12.040, 17.12.050, 17.12.080, 17.12.090, and any other section in the Municipal Code containing a reference to either R-1-5 or the collective abbreviation of R-1.
2. Work to remove Planned Unit Development / Conditional Use Permit requirements for simple lot splits.
Over the past several years, the Planning Division has processed an ample number of tentative parcel maps for oversized residential properties, splitting the property between two (2) and four (4) parcels. Lot splits that include the creation of an access easement require a Planned Unit Development (PUD), processed as a conditional use permit entitlement. In cases where a PUD is Visalia City Council Printed on 12/2/2025Page 5 of 12
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Development (PUD), processed as a conditional use permit entitlement. In cases where a PUD is only needed to establish an easement and not to create common lots or to request a deviation from setbacks, or creation of private streets, the PUD process may be seen as an unnecessary additional entitlement which adds cost and processing but has no other practical application for development standard deviations.
This code amendment would waive the PUD requirement for lot splits that result in the creation of parcels without public street frontage (i.e. landlocked parcels) and require no more than the establishment of an access easement for vehicular or pedestrian purposes. The access easement would be allowed in lieu of meeting the R-1-5 zoning designation requirement of a minimum 40-foot public street frontage requirement.
Staff recommendation: Staff recommends text amendments stating that Planned Developments are not necessary to accompany a tentative parcel map if certain development criteria are met, as defined in new Section 17.26.090.
Recommended Changes to Zoning Ordinance: Changes would be made to Sections
17.12.040, 17.26.050, and 17.26.090.
3. Reduce the Single-Family Residential Zone’s 25-foot rear yard setback requirement, or apply a reduced rear yard setback for lots located on the interior of a subdivision (i.e. not on the perimeter adjacent to existing developments).
Note: The City Council and Planning Commission did not provide consistent favor on this suggestion as initially presented and recommended obtaining more input on this suggestion before proceeding.
Staff recommendation: Staff will continue to study this concept as part of its ongoing study of Missing Middle concepts. No action is recommended by staff.
4. Remove the Conditional Use Permit requirement for Multi-Family Residential development of less than two acres in site area.
The City of Visalia’sR-M zones allow multi-family dwellings as a use permitted by right, currently up to 80 units per site. While sites may be developed with multi-family dwellings, the City’s development standards for the R-M zones state that the division of any R-M zoned property less than two acres shall be approved as a part of a conditional use permit.
Staff recommendation: This change was already incorporated into Zone Text Amendment No. 2025-03, as part of the Municipal Code Update to reduce the minimum site area associated with sites in the R-M and Commercial zones. This change was presented to Planning Commission on September 22, 2025, and approved by City Council on October 20, 2025. Thus, no further action is needed.
5. Remove the Multi-Family Residential Zone’s development standard for a minimum 10- foot side yard that provides access to more than one dwelling unit.
Visalia’s setback requirement for side yards in the multi-family residential zone is 5 feet, per Zoning Ordinance Section 17.16.080. The following excerpt (Subsection B) of this regulation requires a larger side yard (minimum 10 feet) in circumstances as follows:
B. Side yard providing access to more than one dwelling unit shall be not less than ten feet.
This subsection is intended to apply when a side yard contains a pedestrian walkway that leads to and provides direct access to two or more dwelling units located within the site.
The Planning Division has found that this subsection tends to be overlooked when staff reviews multi-family residential developments. While the subsection is intended to provide a wider, and Visalia City Council Printed on 12/2/2025Page 6 of 12
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multi-family residential developments. While the subsection is intended to provide a wider, and thus more appealing entry within the site, it can conversely be seen as unutilized space that serves no purpose for requiring a greater setback, especially on smaller tract lots in older parts of the City.
Staff recommendation: Staff recommends a text amendment to remove the 10-foot setback requirement for side yards that provide access to more than one dwelling unit, thereby placing a 5 -foot side yard setback for all multi-family residential uses.
Recommended Changes to Zoning Ordinance: Changes would be made to Section 17.16.080.
6. Consider reducing parking space requirements for residential uses meeting certain criteria.
Note: The City Council and Planning Commission did not provide consistent favor on this suggestion as initially presented and recommended obtaining more input on this suggestion before proceeding.
Staff recommendation: Staff will continue to study this concept as part of its ongoing study of Missing Middle concepts. No action is recommended by staff.
7. In Mixed Use Zones (D-MU and C-MU), remove Conditional Use Permit requirement when adding units to a site with established housing units.
The Zoning Ordinance currently allows new or expansion of residential uses as a conditionally allowed use in all the City’scommercial, office, and industrial ones, including the Downtown Mixed Use (D-MU) and Commercial Mixed Use (C-MU) zones. In 2022, in response to a Housing Element program to find creative ways to allow residential uses as permitted by-right in these zones, a Zoning Text Amendment was approved to allow residential units as a “mixeduse”in an existing building containing one or more commercial or office uses.
In the past 10 years, City staff has processed two Conditional Use Permits which have added a new residential unit to a property in the D-MU zone with existing legally established units. The locations of these CUPs were at 117 E. Main Street and 405 N. West Street. The requests were approved by Planning Commission without concern or protest.
In response to these recent requests, and in response to the General Plan and Zoning Ordinance that encourage a mix of commercial, service, office, and residential land uses, staff recommends expanding the ability for sites with pre-established residential uses to add to the number of dwelling units on the site as a use permitted by-right, rather than with a CUP. The basis for removing the discretionary component is that there would be no new land uses being introduced to these sites with pre-established residential uses, and thus surrounding land uses are already conditioned to have existing residential uses. The by-right use would be subject to maintaining the General Plan’s density range requirements.
Staff recommendation: Staff recommends a text amendment to the Zones Use Table, adding a new line item for “Residential Units, New or Expansion, on a site with one or more legally established dwelling units, maintaining General Plan density standards”, and permitting the use by right in the D-MU and C-MU zones.
Recommended Changes to Zoning Ordinance: Changes would be made to Section 17.25.030.
B. Adopt incentives to encourage the development of large Regional Housing Needs Assessment (RHNA) sites over 10 acres (Portion of Program 3.17) The State has established that parcels intended to support the development of units appropriate for lower-income households should be between 0.5 and 10 acres. Although it is possible and has been Visalia City Council Printed on 12/2/2025Page 7 of 12
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lower-income households should be between 0.5 and 10 acres. Although it is possible and has been demonstrated by Visalia that parcels over 10 acres can be developed with lower-income households, housing developers may still face challenges on such sites such as an uncertain outcome of a tentative map that is subject to Planning Commission or uncertainty in receiving financing on a project based on the necessity of a public hearing. In Visalia’s current Regional Housing Needs Assessment (RHNA) Sites Inventory, there are thirteen sites over 10 acres in size that contain a multi -family zoning designation (R-M-2 and/or R-M-3). Of those sites, ten sites are assigned Low and/or Moderate Income Level unit requirements.
In response to “largesites”over 10 acres, Housing Element Implementation Program 3.17 commits the City to take measures to facilitate and remove constraints toward parceling these sites to appropriate sizes (0.5 and 10 acres). The Program directs the City, by 2025, to adopt incentives to encourage the development of large RHNA sites potentially including, but not limited to:
• Expedited approval of lot splits or creation of new parcels. • Waiving of the public hearing requirement related to parcel maps. • Waiving of the public hearing requirement related to approval of large multifamily uses (provided the project is affordable by deed-restriction) • Additional density bonus, lot coverage, or allowable height. • Fee waivers, reductions, or deferral.
On August 19, 2025, the City Council and Planning Commission were presented with this program and the above list of possible incentives. Staff’srecommendation from the above list of incentives was to prepare a Text Amendment waiving the public hearing requirement (i.e. allow ministerial processing) for parcel maps that propose dividing large (i.e. minimum 10 acre) sites into smaller parcels (minimum 0.5 acres). Parcel maps would be eligible for ministerial processing if they were to contain an R-M-2 or R-M-3 zoning designation or if they have a RHNA site inventory unit requirement for Lower or Moderate Income Level. This type of request would be like the SB 9 urban lot split process that the State has enacted ministerial approvals for, and which the City of Visalia has developed a track record for approving.
Based on comments received from the joint meeting on August 19, 2025, which reflected a desire to maintain transparency by holding public hearings where feasible for sites with a multi-family residential designation, staff is recommending that a Tentative Parcel Map entitlement be waived for sites over 10 acres in size and with a specific RHNA site inventory unit requirement for Lower or Moderate Income Level or which contain an R-M-2 and/or R-M-3 zoning. A Conditional Use Permit would still be required for any individual parcel which develops above 80 units (per the current Zoning Ordinance threshold for conditional uses in the R-M zone).
Staff Recommendation: For the purpose of choosing only selected sites / parcels to waive the public hearing requirement for parcel maps, the Zone Text Amendment will add a new overlay district entitled Large Housing Element Sites (HE) Affordable Housing Overlay as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications. The overlay contains a total of only thirteen parcels, as defined by a table in the Ordinance that for each site specifies its location, address if applicable, APN, zoning designation, and size in acres. A map illustrating the thirteen parcels is included as Attachment 4. Please note the “thirteen parcels” are highlighted by a blue border and enumerated per the Map ID number in Attachment 4 as identified below.
The new Section specifies that development which meet two standards - that the parcel map subdivides an existing parcel to create no more than four new parcels, and that all newly created parcels are no smaller than one-half (0.5) acre and no larger than ten (10) acres - shall be approved Visalia City Council Printed on 12/2/2025Page 8 of 12
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parcels are no smaller than one-half (0.5) acre and no larger than ten (10) acres - shall be approved by obtaining a Site Plan Review Permit. This is the same process used for SB 9 urban lot splits.
Recommended Changes to Zoning Ordinance: A new section would be added and entitled Section 17.06.070, Large Housing Element Sites (HE) Affordable Housing Overlay, which contains the table of sites included in the overlay and the criteria for allowing ministerial approval of the map.
C. Allow emergency shelters as a use permitted by right in a zone that is suitable for residential uses in compliance with Assembly Bill 2339 (Portion of Program 5.2) Assembly Bill (AB) 2339, passed in 2022 (see Attachment 7 for full text), places new requirements on the regulation of emergency shelters and requires cities to identify one or more zones allowing residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use permit and that are suitable for residential uses.
The identified zoning designation(s) shall include “sufficientsites”meeting the requirements of having sufficient site capacity, which is assessed based upon the City’s count of persons experiencing homelessness from the most recent point-in-time count.
When defining a zoning designation where emergency shelters are allowed by-right, State law as amended by AB 2339 states that a City shall identify a zone that contains:
• vacant sites zoned for residential use, or
• a zone that contains vacant sites zoned for nonresidential use that allows residential development. This latter option can only be selected if it can demonstrate that the district is located near amenities and services, which may include:
o health care,
o transportation,
o retail,
o employment, and
o social services.
Before the passage of AB 2339, the City identified the Light Industrial (I-L) zone as the one zone that allows emergency shelters as a permitted use; however, it is not located near all the amenities and services listed above. Because Visalia’scode does not comply with this new legislation, one or more new zones must be identified.
Note: The bill also limits the types of standards that shelters shall be subject to, such as maximum number of beds, length of stay, parking, and provisions of security and onsite management. These standards were previously revised to meet the requirements of AB 2339 through Zoning Text Amendment No. 2025-03, recommended for approval by the Planning Commission on September 22, 2025, and approved by the City Council on October 20, 2025.
At the joint meeting on August 19, 2025, the Planning Division presented an analysis of Zoning and Sufficient Sites Capacity (see Attachment 3 for the staff report from this meeting). The findings of the analysis can be summarized as follows.
· The Commercial Mixed Use (C-MU) and Downtown Mixed Use (D-MU) zones rank as the best suited zones for providing amenities and services. However, the D-MU zone only scarcely meets the vacant land requirement (2 acres are required; 3 acres are available). · The Regional Commercial (C-R) and Office Professional / Administrative (O-PA) zones Visalia City Council Printed on 12/2/2025Page 9 of 12
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· The Regional Commercial (C-R) and Office Professional / Administrative (O-PA) zones are the next best suited zones for providing amenities and services. Although these zones do not offer social services or retail, the City could make the case that these zones include a strong presence of all but one of the listed amenities and services, and that all have transportation which can be used to access the balance of the services. · The following zones would not be suitable: Neighborhood Commercial, Service Commercial, Office Conversion, Business Research Park, Light Industrial & Industrial, Quasi-Public.
There was no consensus made among Council and Commission members at the joint meeting regarding the appropriate zone. However, multiple comments were made regarding the undersaturation of shelters and support services south of State Route 198, and that an overlay zone could be considered to capture properties that are south of State Route 198.
Proposal: The staff recommendation to comply with AB 2339 is the creation of a new Emergency Shelter overlay district, to be discussed in an amendment to existing Zoning Ordinance Section
17.32.130 pertaining to Emergency Shelters. The amended Section 17.32.130 would specify that in accordance with State law, Government Code Section 65583, the zone where emergency shelters are allowed as a permitted use without a conditional use permit is the Emergency Shelters Overlay Zone.
Together with the amended section, a text amendment to the Zones Use Table (Zoning Ordinance Section 17.25.030) would amend the line item for “Emergency Shelters” to reflect that the use is permitted by-right in the Overlay District portions of the C-MU zone district, and to change the use in the I-L zone district from permitted by-right to requiring a Conditional Use Permit.
Other zone districts that already allow Emergency Shelters with a Conditional Use Permit and are not changing with this ZTA are the Service Commercial zone district, Commercial Mixed Use zone district outside of the proposed Overlay District, and the Quasi-Public zone district.
These amendments are reflected in the proposed Ordinance included as Attachment 1.
Original Staff Recommendation to Planning Commission: On the basis of the discussion at the August 19, 2025 meeting, the staff recommendation presented to the Planning Commission was the creation of a new Emergency Shelter overlay district consisting of only vacant sites within the C-MU zone district that are located south of State Route 198. This was reflected in the map shown as Attachment 6. The overlay district would contain approximately 70 parcels, and locations were generally clustered around five locations: Demaree Street & Noble Avenue; Lovers Lane & Noble Avenue; Demaree Street & Caldwell Avenue; Santa Fe Street & Caldwell Avenue; and Mooney Boulevard.
Final Recommendation by Planning Commission: The Planning Commission discussed the proposed Overlay District at their November 10, 2025, meeting along with the other the ZTA actions as outlined in this staff report and attached Ordinance. The Planning Commission stated their concerns that limiting the overlay district to sites only on the south side of Visalia could potentially limit the market price of available sites thereby inflating land prices to a higher price, compared to comparable vacant land available on the north side of Visalia. Thus, to present potential developers with more options in sites and in purchase prices, the Commission recommended that sites in the north side of the City should equally be considered as much as sites in the south side of the City.
The signed Planning Commission Resolution therefore incorporates an updated Emergency Shelter overlay district consisting of vacant sites in the C-MU zone spanning throughout the City.
A map of the sites reflecting the Planning Commission’srecommendation is included as Attachment Visalia City Council Printed on 12/2/2025Page 10 of 12
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A map of the sites reflecting the Planning Commission’srecommendation is included as Attachment
5. Please note that the map of sites reflecting the Planning Commission’sapproval does omit certain vacant C-MU zoned sites that were found by staff to be isolated and distant from available amenities and services, and less than one acre in size.
Fiscal Impact: None.
Planning Commission Review and Action: On November 10, 2024, the Planning Commission voted 5-0 to recommend a modified approval of Zoning Text Amendment No. 2025-04. The modification was to expand the Emergency Shelter overlay district to include sites citywide as discussed further above. There were no public comments given during the Planning Commission hearing.
Alternatives:
The City Council may, in lieu of the recommended motion, consider any of the following alternative motions:
1. Introduce the first reading of Ordinance No. 2025-15, with modifications to the Zoning Ordinance Text Amendment, as directed by City Council. This could include but not be limited to the addition or removal of sites within the proposed Emergency Shelter overlay district.
2. Introduce the first reading of Ordinance No. 2025-15, incorporating staff’s original recommended Emergency Shelters Overlay Zone that only includes vacant sites within the C- MU zone district that are located south of State Route 198.
Recommended Motion (and Alternative Motions if expected):
I move to introduce for first reading Ordinance No. 2025-15 for Zone Text Amendment No. 2025-03.
Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendments, which largely pertain to expanding the scope of residential uses and emergency shelters which are already allowed within the city will not have a significant effect on the environment.
CEQA Review: A Notice of Exemption has been prepared for the project because Section 15061(b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Deadline for Action: 12/15/2025
The Housing Element Implementation Programs specify that text amendments associated with these programs must be complete by 2025.
Attachments:
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1. Ordinance No. 2025-15 for Zoning Text Amendment No. 2025-04
2. Staff Report from August 19, 2025 Meeting regarding Missing Middle Housing
3. Staff Report from August 19, 2025 Meeting regarding Emergency Shelters
4. Location Map of Large RHNA Sites over 10 Acres
5. Location Map of Emergency Shelter Overlay District - Planning Commission Recommendation
6. Location Map of Emergency Shelter Overlay District - Original Staff Recommendation
7. Full Text of Assembly Bill 2339
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0569 Agenda Date: 12/15/2025 Agenda #: 17.
Agenda Item Wording:
Construction Change Order - Request for approval of construction change order #1 in the amount of $346,736 to Agee Construction Corp for the Riggin Avenue Widening Project Kelsey St to Shirk St.
Prepared by:
Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:
Staff recommends that the City Council authorize city staff to execute construction change order #1 for $346,736 to Agee Construction Corp for the Riggin Avenue Widening Project Kelsey St to Shirk St to install approximately 2,583 linear feet of new 12”water main line along Riggin Ave between Kelsey St to Shirk St.
Summary:
The Riggin Avenue Widening Project incorporated a Cal Water main to be installed as part of the City project to prevent future trenching of the new roadway, Cal Water agreed to reimburse the City for this new water main. Cal Water produced construction plans that differed from the original City design, this resulted in an increase cost of $346,736 over the original bid amount of $307,800, for a total of $654,536 to complete the Cal Water main installation.
Background Discussion:
The Riggin Avenue Widening Project spans from Kelsey St to Shirk St and consists of widening the existing 2-lane street to a divided 4-lane street with the construction of center medians, landscaping, street lighting, interconnect conduit, storm drainage, turn pockets, Class IV bike lanes, Cal Water main installation and the signalization of Riggin Ave and Shirk St.
A construction contract was awarded in April 2025, Cal Water plans were finalized in July 2025. The water main shown on the City construction plans called for 2,583 LF of 12" pipe and three (3) fire hydrants. The construction plans did not specify that ductile iron pipe was required. The Cal Water plans specified 2,583 LF of 12" ductile iron pipe, three (3) fire hydrants, three (3) gate valves, one (1) 1" irrigation service, and two (2) main line offsets. The Contractor submitted a cost for the change to ductile iron pipe and the additions of the gate valves, irrigation service, and main line offsets. This resulted in a $346,736 increase to the original bid.
The Cal Water plans also included a cost estimate for all this work. Based on this review the increase was deemed fair and within 5% of the Cal Water reimbursable amount. Due to scheduling Visalia City Council Printed on 12/12/2025Page 1 of 4
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increase was deemed fair and within 5% of the Cal Water reimbursable amount. Due to scheduling constraints staff had the City contractor move forward and complete this work. The final construction cost for the Cal Water facilities will be provided to Cal Water for final reimbursement to the City.
This change order was approved by the Change Order Committee on December 10th, 2025.
Fiscal Impact:
Riggin Avenue Widening Project is a multi-funded project with funds budgeted from Transportation Impact Fee (241), Measure R Regional Fund (133), and an Economic Development Administration Grant.
See Project funding breakdown below:
Project has the budget to cover the cost of change order #1. Following the completion of the water main installation staff will work with Cal Water to complete the reimbursement process. The total cost for the water main will reflect as a credit against the project budget.
Prior Council Action:
May 19, 2025
Council received staff presentation outlining the construction phases of work, traffic detours, and Visalia City Council Printed on 12/12/2025Page 2 of 4
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Council received staff presentation outlining the construction phases of work, traffic detours, and resident impacts for the Riggin Avenue Widening Project Kelsey St to Shirk St.
April 21, 2025
Council authorized the purchase of traffic signal poles from Jam Services, Inc., for $105,462.00, for the Riggin Ave. and Shirk St intersection associated with the Riggin Widening project from Kelsey St. to Shirk St.
April 21, 2025
Council authorized the City Manager to award the construction contract with Agee Construction Corporation for the Riggin Widening project from Kelsey St. to Shirk St. in the amount of $8,098,281.00; authorized the transfer of Measure R Regional Funds and the amendment to Measure R Supplemental Agreements.
October 21, 2024
Council Authorized the City Manager to execute and agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83 August 5, 2024
Council authorized the execution of Southern California Edison (SCE) Facilities Relocation Agreement for $1,081,000.00 and adopt resolution 2024-46 for the Riggin Avenue Widening Project Kelsey St to Shirk St. Project.
October 17, 2022
Council accepted grant award from the U.S. Economic Administration (EDA) for $4,000,000 and executed the EDA grant agreement for the construction of Riggin Avenue Widening project from Kelsey St to Shirk St.
March 21, 2022
Adopted resolution No. 2022-09 certifying Mitigated Negative Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State clearing house No. 2022010046) (Resolution No. 2022-09 required).
March 15, 2021
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-200-006 generally located at the northwest corner of the intersection of Riggin Avenue and Shirk Street.
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-100-088 generally located at the northeast corner of the intersection of Riggin Avenue and Shirk Street.
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Visalia City Council Printed on 12/12/2025Page 3 of 4
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APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.
September 8, 2020
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.
August 17, 2020
Council authorized the City Manager to enter into a contract with 4Creeks Inc., for RFP 19-20-60 to prepare Plans, Specifications, Estimates, and Environmental Services for the Riggin Avenue Widening Project from Kelsey Street to Shirk Street, in the amount not to exceed $200,000.00.
April 6, 2020
Council authorized the execution of a measure R Supplement Agreement with the Tulare County Association of Governments (TCAG) to secure $3.5 million of Measure R Regional Funds for the Riggin Ave. Widening from Kelsey St to Shirk
Recommended Motion (and Alternative Motions if expected):
I move to approve Construction Change Order #1 in the amount of $346,736 to Agee Construction Corp for the Riggin Avenue Widening Project Kelsey St to Shirk St.
Environmental Assessment Status:
Mitigated Negative Declaration No. 2019-73
Deadline for Action: 12/15/2025
Attachments:
1. Project Location Map
2. Construction Change Order Package
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631
Rd 92
Ave 320
W Doe Ave
N Shirk St
W Goshen Ave
N Plaza Dr
N Kelsey St
W Riggin Ave Ave 312
W Kibler Ave
W Sunnyview Ave
W Ferguson AveN Plaza Dr
²
Location Map
Riggin Ave Widening - Kelsey to Shirk
Riggin Avenue
(Kelsey to Shirk)
632
CITY OF VISALIA
315 East Acequia Avenue Visalia, CA 93291
5 Engineer Contractor Specifications Exhibits
Change Requested by: X Attachments:
To: Contractor
DESCRIPTION OF WORK:
Item
No. Category Net increase *Net decrease
1 CofS $346,736.00 $0.00
$346,736.00 $0.00
4.28% Increase / Decrease
0.00% of Original Contract Amount
4.28% Over Original Contract Amount
0 02/27/2026
0 03/20/2026
* note: enter "decrease" as a negative number (i.e. -1000) Item Details:
Note: Include Method of Payment, Location & Limits of Work, Description of Work to be Done, Applicable Specification Changes, Plan Sheet Changes, and Exhibits to provide clear direction. Attach all supporting documents for CO Committee.
ITEM 1: Water System Change: AGREED PRICE
Contractor to install 2,583 LF of 12" ductile iron water pipe, 3 EA fire hydrants, 3 EA 12" gate valves, 1 EA irrigation service, and 2 EA CL&C offsets as shown on the revised plan sheets dated 6/6/2025, included as sheets 3 through 5 of this Contract Change Order. The bid set of plans called for 2,583 LF of 12" water pipe and 3 EA fire hydrants. Per Calwater specification, C900 PVC pipe and ductile iron pipe are both allowed. After bid opening, final Calwater plans were provided, pages 3 through 5 of this Contract Change Order, that specified the requirement of ductile iron pipe and the addition of 3 EA gate valves, 1 EA irrigation service, and 2 EA CL&C offsets. This change order provides payment for the pipe material change and the additon of the gate valves, irrigation service, and CL&C offsets. All work shall be in accordance with Contract documents.
Change Order No.: 1 3010-72000/CP0398-999
Description of Change Order
Water System Change
Categories: E&O=Errors & Omissions; UT=Utilities; BQ=Balance of Quantities; UN=Unforeseen; CofS=Owner Directed Change of Scope Agee Construction Corporation
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until appr oved by the Engineer.
Description of work to be done, estimate of quantities and prices to be paid. (Segregate between additional work at contract price, agreed price and force account.) Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.
N/A Diego Corvera
December 8, 2025
December 10, 2025
Plans
X
City Project No.:
Federal No.:
PO4217
Submitted by:
Date Submitted:
Total Cost of Change Order: $346,736.00
Purchase Order No.:
Package No. of Pages
Total Change
$346,736.00
Committee Review Date:
Note: Change Order Increases greater than $100,000 require City Council authorization. $8,098,281.00
$346,736.00
$0.00
$8,445,017.00
Original Contract Amount:
Net cost of this Change Order:
Total cost of previous Change Orders:
New Contract Amount:
CHANGE ORDER FORM
Riggin Avenue Widening & Improvements Project
Previously granted additional days: Original Date of Completion per Contract:
Contract work days added this CO: New Date of Comple tion: