Visalia City Council
July 20, 2026

PROFESSIONAL SERVICES AGREEMENT
FOR

PROFESSIONAL DESIGN SERVICES FOR SHIRK STREET WIDENING OVER MILL CREEK This Agreement, entered into this ________ day of ________________, 2026, by and between the City of Visalia, hereinafter referred to as the “CITY”, and 4Creeks, Inc. hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, which shall be the Scope of Work for the project unless the parties agree in writing to modify the Scope of Work, for the cost identified in Exhibit “B” - Project Fees and Exhibit “C” - Consultant Schedule of Fees.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” – Consultant Schedule of Fees. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in the Exhibits, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.
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III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a total fixed fee amount of Five Hundred Fifty-One Thousand Two Hundred Sixty-One Dollars ($551,261) for all base services and a total fixed fee amount of One Hundred Thirty-Six Thousand Three Hundred Twenty-One Dollars ($136,321) for optional items, following written authorization from the CITY, as shown in Exhibit “B”. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work and Project Fees identified in Exhibit “A” and “B”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The Project Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: 4Creeks, Inc. shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms and does not correct such failure within a period of fifteen (15) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. 288
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C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or 289
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indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, PUBLIC WORKS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS Notice is hereby given that this is a Public Works Project. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Sub-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

A. Register on an annual basis with the California Department of Industrial Relations (DIR) B. Furnish electronic payroll records for new projects to the Labor Commissioner.

All contractors and consultants are to be registered at time of bid/proposal submittal and remain registered with the California Department of Industrial Relations (DIR) throughout the duration of this Agreement.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall comply with the City of Visalia Labor Compliance Manual which is available at visaliapurchasing.org.

IX. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

XI. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right 290
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to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XIV. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or 291
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willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

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

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

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement.

To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

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

1. Workers’ compensation insurance as required by California statues.

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

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

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

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.
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In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XV. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement. 293
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XVI. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

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

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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

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

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
4Creeks, Inc.
324 S Santa Fe St
Visalia, Ca 93292
Attention: Matt Ainley
Phone: 559-802-3052
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Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

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

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

K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

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

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

CITY OF VISALIA CONSULTANT
________________________________ ________________________________ City Manager
Approved as to Form
________________________________
City Attorney
________________________________
Risk Manager
________________________________
Project Manager
Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees
Exhibit “C”: Consultant Schedule of Fees
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Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0034 Agenda Date: 7/20/2026 Agenda #: 11.

Agenda Item Wording:

Notice of completion - Authorization to file the notice of completion for the Evans Ditch culvert replacement on Conyer Street project.

Agenda Date: 07/20/2026
Prepared by:

Bryce Nagel, Assistant Engineer, [email protected], 713-4197 Jonathan Frausto, Senior Project Manager, [email protected], 713-4369 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 the filing of the Notice of Completion for the Evans Ditch culvert replacement on Conyer Street project.

Summary:

This project replaced the existing Evans Ditch culvert in Conyer Street between Howard Avenue and Feemster Avenue. The existing culvert was estimated to be over 100 years old and was in need of immediate replacement. The road section around this culvert started to cave in on Wednesday March 4, 2026 while irrigation flows were present in the ditch. Upon investigation, water had significantly undercut the existing structure and there was significant damage to the top of the existing culvert.

The Tulare Irrigation District (TID) agreed to stop water flow in the channel on Wednesday March 4th to prevent additional damage, but TID needed to utilize the ditch for irrigation flows again in early May. City staff successfully coordinated the culvert replacement so that it was completed prior to the scheduled irrigation flows in May 2026.

City staff worked quickly to prepare plans for the replacement and coordinated with Dawson-Mauldin to complete the work under an emergency construction contract. The contract included removal and replacement of the culvert and roadway and was awarded an initial amount of $435,070. The final construction cost was $475,315, an increase of $40,245 over the original contract amount.

Background Discussion:

The central valley is the heart of agriculture within the State of California. Due to this economic sector, many service line ditches were created off major bodies of water to help facilitate water deliveries throughout the Tulare County area. Evans Ditch in the City of Visalia is one of many service line canals. As natural growth occurred and city limits expanded, many roadways were constructed over existing canals utilizing culvert crossings typical of construction practices of that era.

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and a top slab. This simple construction method allowed culverts to be installed efficiently while allowing water to flow freely along the natural soil. However, over time this condition can lead to erosion of the underlying material, particularly when water infiltrates or “washes out” the surrounding soil material.

On March 4, 2026, the City of Visalia Public Works Department was called to investigate a possible sinkhole near the Evan’s Ditch culvert on Conyer Street between Howard Avenue and Feemster Avenue. Upon investigation, it was determined that due to the construction and design of the culvert, water infiltration along the sidewalls had caused the roadway structural section to fail. Separate from the erosion and adjacent pavement failure, further investigation revealed cracking along the bottom of the top slab, as well as deflection from loads produced by the roadway above. These conditions, along with the washout of the adjacent roadway structural section indicate that the culvert had experienced significant structural deterioration and required immediate replacement.

Subsequently, city staff designed a box culvert to replace the failing structure. This also included replacing the fencing, sidewalk, and pavement surrounding the structure.

On March 16, 2026, City Council approved an emergency construction contract with Dawson-Mauldin LLC in the amount of $435,070 for the Evans Ditch culvert replacement, with funds being allocated from the Gas Tax (Fund 111).

The project finished construction in May of 2026.

Change Orders:

The final cost of the construction contract including change orders is $475,315. Two (2) change orders were processed totaling $40,425. Below is the summary of the contract changes:

Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O) $ - 0.00%
Utility Conflict (UT) $ - 0.00%
Balance of Quantities (BQ) $ 610.00 0.14%
Unforeseen (UN) $ - 0.00%
Change of Scope (CofS) $ 39,635.00 9.11%
Total: $ 40,245.00 9.25%
Owner Directed Change in Scope (CoS):

The change in scope due to owner direction includes adding two 48” manholes on either side of the new structure, adding 32 LF of 10” storm drain line underneath and fixing the road sections the manholes were added into. This is due to the original storm drain line being a part of the original failing structure. This change order was completed at the cost of $39,635.00.

Balance of Quantities (BQ):

The change in scope due to balance of quantities includes adding extra sidewalk on top of the culvert structure and subtraction of curb on the roadway section of the project as the contractor was able to preserve more curb than originally bid. This change order was completed at a total cost of $610.00.

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Fiscal Impact:

The Evans Ditch culvert replacement was funded by the Gas Tax Fund (111). Included in this budget is the contract amount awarded to Dawson-Mauldin LLC, contingency, and support costs such as project design/ management and materials testing services. See the table below for a breakdown of costs.

Evans Ditch Emergency Replacement (CP0805)
Project Funding Source
Gas Tax (Fund 111) $ 590,000
Total Project Funding $ 590,000
Estimated Final Project Costs
Construction $ 435,070
Construction Change Orders $ 40,245
Construction Management & Services (Staff Time, Inspection, Survey, Design)
$ 10,000
Construction Services (Material Testing) $ 9,330
Total Estimated Final Project Costs $ 494,645
Remaining Balance $ 95,355
The remaining balance shown in the above table is from Gas Tax Fund (111) and will be returned to the Gas Tax Fund.

Prior Council Action:

March 16, 2026: The City Council authorized the City Manager to execute an emergency construction contract with Dawson-Mauldin, LLC. In the amount of $435,070 from Gas Tax (Fund 111).

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

I move to authorize the filing of the notice of completion for the Evans Ditch culvert replacement on Conyer Street project.

CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments:

1. Project Location Map

2. Draft Notice of Completion
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Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

EVANS DITCH CULVERT REPLACEMENT PROJECT
PROJECT NO. 2370-72000/CP0805-999
under the contract agreement entered with Dawson-Mauldin, LLC. dated March 16, 2026, as a whole was completed on July 20, 2026, and the City of Visalia hereby accepts said work.

Christopher Crawford, the City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.

CITY OF VISALIA
Date
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 2026, by ________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Date

Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 302
Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0037 Agenda Date: 7/20/2026 Agenda #: 12.

Agenda Item Wording:

Consider the Tulare six-lane and Paige Avenue Interchange Caltrans mitigation agreement - Approve Caltrans funding agreement for operation of the Mooney Avenue bus rapid transit segment of the Cross Valley Corridor project.

Agenda Date: 07/20/2026
Prepared by:

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

Staff recommends that the City Council authorize the City Manager to enter into a mitigation agreement with Caltrans to receive funding in the amount of $4,682,000 from the Tulare six-l and Paige Avenue Interchange project for of the Mooney Boulevard bus rapid transit (BRT) portion of the Cross Valley Corridor project.

Summary:

The Cross Valley Corridor project, which Visalia has been designated as the project lead, has many aspects to it with State grant funding that have already been awarded and future grant funding requests that are yet to be determined.

The Regional Express Transit Service Project is comprised of two (2) separate but intersecting express transit services in the region, including the Cross Valley Express (CVX) project connecting communities of Tulare and Kings Counties primarily along the State Route 198 corridor, and a complimentary bus rapid transit (BRT) system on the Mooney Boulevard (State Route 63) corridor between the Visalia and Tulare transit centers, with stops serving commercial retail destinations as well as the College of the Sequoias campus in Visalia.

Caltrans has initiated a draft mitigation funds agreement with the City of Visalia to fund part of the BRT operations as an environmental vehicle mile travelled (VMT) mitigation for the Tulare six-lane and Paige Avenue Interchange project. While the City and the Caltrans legal department are still finetuning the wording, City staff is asking Council to grant authorization to the City Manager to sign the final agreement once all edits have been agreed upon.

Background Discussion:

The Regional Express Transit Service project is comprised of two (2) separate but intersecting express transit services in the region, including the Cross Valley Express (CVX) project connecting communities of Tulare and Kings Counties primarily along the State Route 198 corridor, and a complimentary bus rapid transit (BRT) system on the Mooney Boulevard (State Route 63) corridor Visalia City Council Page 1 of 3 Printed on 7/16/2026
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File #: 26-0037 Agenda Date: 7/20/2026 Agenda #: 12.
between the Visalia and Tulare transit centers, with stops serving commercial retail destinations as well as the College of the Sequoias campus in Visalia.

Based upon the 2024 operations plan, the CVX would operate eight (8) transit vehicles at 30-minute service frequencies for 16-18 hours per day over the approximate thirty (30) miles between the Hanford Amtrak Station and the City of Farmersville Transit Center via Visalia, including stops at the Hanford Transit Center, Visalia Industrial Park (2), College of the Sequoias, Kaweah Health Medical Center, and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by the Tulare County Regional Transit Agency (TCRTA) and Kings Area Regional Transit (KART).

The Mooney Boulevard BRT would operate along Mooney Boulevard with five (5) vehicles at 15- minute service frequencies for 16-18 hours per day over the approximate eleven (11) miles between the Tulare Transit Center and the Visalia Transit Center, including stops at Prosperity Avenue (Tulare), Visalia Parkway, Caldwell Avenue, Walnut Avenue, Tulare Avenue/College of the Sequoias (COS), and Kaweah Health Medical Center, intersecting with the CVX at COS, Kaweah Health and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by TCRTA. It is also the goal that the BRT would begin operations in 2030/31, including the installation of six (6) new BRT transit stops, twenty (20) intersection traffic signal preemption systems, and necessary zero-emission vehicle EV-charging or hydrogen-fueling infrastructure. Given the significance of Mooney Boulevard as the regional commercial corridor, it will be imperative that the project not create additional congestion and/or interfere with commercial operations and development, and that the City maintain authority over the BRT routes, timing and operations.

There are currently several agreements being drafted and/or reviewed by legal counsel for future consideration in support of the Regional Express Transit Service Project, including a draft agreement between the City, Tulare County Association of Governments (TCAG) and TCRTA for “operations”, a draft cooperation agreement between the City and Caltrans for “capital development”, a draft agreement between the City and TCAG for “construction of capital improvements”, a draft agreement between the City and Caltrans to be the recipient of State Transit and Intercity Rail Capital Program (TIRCP) grant funds, and a draft agreement between the City and TCAG to be the recipient of State SB 125 transit funds.

Fiscal Impact including annual maintenance and operating costs:

TCAG has committed to finding all grant funding necessary to fund both the capital improvements and operations dollars for the Cross Valley Corridor project.

Staff is not requesting to appropriate funding at this time and will return to appropriate all grant money to operate the routes in FY 2030/31.

Prior Council Action:

November 3, 2025 (24-0492): Authorization for the City of Visalia to participate as the project lead and primary operator of the Regional Express Transit Service Project.

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

I move to authorize the City Manager to enter into a mitigation agreement with Caltrans to receive Visalia City Council Page 2 of 3 Printed on 7/16/2026
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File #: 26-0037 Agenda Date: 7/20/2026 Agenda #: 12.
funding in the amount of $4,682,000 from the Tulare six-lane and Paige Avenue interchange improvement project for operations of the bus rapid transit (BRT) portion of on the Cross Valley Corridor project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments:

Draft Caltrans Mitigation Agreement
City Council Agenda Staff Report (24-0492) - November 3, 2025 Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
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Excellence
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Life
Visalia City Council Page 3 of 3 Printed on 7/16/2026
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BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS Tulare Six-Lane and Paige Avenue Interchange
Improvement
EA No. 06-48950
EFIS No.0614000040
SHC 126.1 Mitigation Agreement No. 06-1824
SHC 126.1 MITIGATION AGREEMENT
This AGREEMENT, ENTERED INTO EFFECTIVE on _____________________, is between the STATE OF CALIFORNIA, acting by and through its Department of

CALTRANS,
CITY OF VISALIA.

RECITALS

1. CALTRANS and CITY OF VISALIA, , pursuant to
Streets and Highways Code section 126.1, are authorized to enter into this Agreement.

2. CALTRANS has undertaken the Tulare Six-Lane and Paige Avenue Interchange project, rehabilitating pavement and constructing an additional northbound and southbound lane on State Route 99 from postmiles 25.2-30.6 and rebuild the Paige Avenue Interchange in the City of Tulare in Tulare County, in California, referred to herein as the PROJECT.

3. CALTRANS, to comply with the terms of the approved Final Environmental Document , dated December 28, 2023, and in compliance with Senate Bill 743, will provide 19,759,200 because
of PROJECT. The FED is hereby incorporated into this Agreement by reference.

4. As part of the VMT mitigation, CALTRANS will provide funding to CITY OF VISALIA to subsidize the new Bus Rapid Transit and Cross Valley Corridor Express Bus in Tulare County for a two-year period. CALT funding will subsidize operational cost.

5. CALTRANS has developed a plan to implement VMT reduction per the FED. The VMT reduction plan includes a summary of the mitigation project, success criteria for the mitigation project and a description of the required contents and submittal process for the two-year monitoring report. This plan will be referred to herein as BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN and is detailed in Exhibit A.

6. CALTRANS desires to enter into this Agreement with CITY OF VISALIA to satisfy VMT mitigation requirements.

7. CITY OF VISALIA desires to assist CALTRANS in satisfying VMT mitigation requirements by implementing BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN.
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8. In the FED, CALTRANS identified a total of $4,682,000.00 for subsidizing the Bus Rapid Transit and Cross Valley Corridor Express Bus and implementing the BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN for a two-year period.

9. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding (MOU) or agreement relating to Bus Rapid Transit and Cross Valley Corridor Express Bus and the BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN.

10. PARTIES now define herein below the terms and conditions under which this Agreement will be implemented.

SECTION I
CITY OF VISALIA AGREES:

1. To submit an invoice to CALTRANS, within thirty (30) days of the execution date of this Agreement, for $4,682,000
set forth in this Agreement. CITY OF VISALIA does not have the funds to begin work without this lump sum payment.

2. To provide a receipt or proof of having received the funds from PROJECT for implementing BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN. To refund to CALTRANS, promptly after completion of CITY OF VISALIA accounting of costs, any amount of the CALTRANS funding remaining after actual costs have been deducted.

3. To operate the Bus Rapid Transit and Cross Valley Corridor Express Bus for a two-year period.

4. To follow Exhibit A BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN.

5. All work performed by CITY OF VISALIA, or performed on CITY OF VISALIA behalf, shall be performed in accordance with all state and federal laws, regulations, policies, procedures, and standards.

6. To obtain any necessary property rights and/or rights of entry required prior to the implementation of BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN and for full compliance with any terms and 307
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conditions thereof. Said rights of entry shall also include rights for CALTRANS personnel.

7. To obtain any environmental approvals and/or resource agency agreements, permits, and/or approvals required prior to implementation of BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN and to fully comply with any terms and conditions thereof.

8. To submit draft monitoring reports to CALTRANS for two (2) years, with monitoring anticipated to begin in the year 2030 and end two (2) years later, currently anticipated to be year 2032 by December 31st of each year. Said reports shall contain all of the information described in Exhibit A, attached and made a part of this Agreement.

9. a final draft monitoring report to CALTRANS by February 1st for two (2) years, with monitoring anticipated to begin in the year 2030 and end two (2) years later, currently anticipated to be year 2032 proval, if appropriate.

10. If at any time during the two (2) year monitoring period, with monitoring anticipated to begin in the year 2030 and end two (2) years later, currently anticipated to be year 2032 it is determined by CALTRANS that CITY OF VISALIA
fulfilling the BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN, then CITY OF VISALIA shall provide CALTRANS with a corrective action plan. The corrective action plan will detail the best course of action given the use of the original lump sum payment made by CALTRANS under this Agreement.

11. To use one hun funds provided pursuant to this
Agreement, in order to satisfy PARTIES
Agreement.

12. If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, PARTIES must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7.

13. To include prevailing wage requirements in its contracts for public work. Work forces is exempt from the Labor Code's Prevailing Wage
requirements.
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14. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and to make such materials available at the respective offices of CALTRANS at all reasonable times for three (3) years after the termination date of this Agreement. CALTRANS, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of PARTIES that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested.

SECTION II
CALTRANS AGREES:

1. To pay CITY OF VISALIA within forty-five (45) calendar days of receipt of CITY OF VISALIA 4,682
obligation as set forth in this Agreement.

2. To review and provide comments to CITY OF VISALIA by February 1st on the draft monitoring reports prepared by CITY OF VISALIA and submitted to CALTRANS for two (2) years, with monitoring anticipated to begin in the year 2030 and end two (2) years later, currently anticipated to be year 2032.

3. Within seven (7) calendar days of receipt, to review and approve, if appropriate, the draft final monitoring report submitted by CITY OF VISALIA to CALTRANS for two (2) years, with monitoring anticipated to begin in the year 2030 and end two (2) years later, currently anticipated to be year 2032.

SECTION III
IT IS MUTUALLY AGREED:

1. All obligations of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC).

2. All applicable laws, rules and policies relating to the use of federal or state funds shall apply notwithstanding other provisions of this Agreement.

3. Neither CITY OF VISALIA nor any officer or employee thereof is responsible for any injury, damage, or liability by reason of anything done or omitted to be done by 309
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CALTRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this agreement. It is agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY OF VISALIA and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability by reason of anything done or omitted to be done by CALTRANS and/or its agents under this agreement.

4. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability by reason of anything done or omitted to be done by CITY OF VISALIA, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY OF VISALIA under this agreement. It is agreed that CITY OF VISALIA, to the extent permitted by law will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability by reason of anything done or omitted to be done by CITY OF VISALIA, its contractors, sub-contractors, and/or its agents under this agreement.

5. In the event of any breach of this Agreement by either party, the other party may enforce this Agreement by any means available at law or in equity. In the event of litigation, mediation or arbitration to resolve any breach of, or dispute related to this Agreement, who prevails.

6. A failure by either party to enforce any provision of this Agreement shall not be construed as a continuing waiver, or as a waiver of the right to compel enforcement of that provision.

7. This Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement that shall bind all parties, notwithstanding that all parties are not a signatory to the original or the same counterpart. If any provision of this Agreement is held invalid, the other provisions shall not be affected.

8. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties and no oral understanding or agreement not incorporated herein shall bind any party.

9. Nothing within this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement or to affect the legal liability of either party to 310
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the Agreement by imposing any standard of care different from the standard of care imposed by law.

10. acceptance that CITY OF
VISALIA has completed BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN, however all indemnification, document retention, audit, claims, environmental, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement.

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CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to AGREEMENT.

CALTRANS:

Rebecca Ashjian, Associate Environmental Planner
2015 E. Shields Ave, Suite 100, Fresno, CA 93726
Office Phone: 559-383-5363
Email: [email protected]
CITY OF VISALIA:

Leslie Caviglia, City Manager
Office Phone: 559-713-4332
Email: [email protected]
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SIGNATURES
PARTIES are empowered by CA Streets and Highways Code section 126.1 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

STATE OF CALIFORNIA
Department of Transportation

CITY OF VISALIA
By:_______________________________ By:_______________________________ District Director

TULARE COUNTY ASSOCIATION

OF GOVERMENTS
By:_______________________________
Approved as to form and procedure: Approved as to form:
__________________________________ __________________________________ Attorney General Counsel
Department of Transportation
Certified as to budgeting of funds:
_________________________________
District Budget Representative
Certified as to financial terms and
policies:
__________________________________
Accounting Administrator
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BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR

EXPRESS BUS
Tulare Six-Lane and Paige Avenue Interchange Improvement EA No.06-48950
EFIS No.0614000040
Cooperative Agreement No.06-1824
Exhibit A

BUS RAPID TRANSIT VMT REDUCTION PLAN
Mitigation Project
Caltrans will provide funding in the amount of $4,682,000.00 to subsidize the BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN in Tulare County for a two-year period. Caltrans’ funding will subsidize the operational cost and will result in an average VMT reduction of 20,820,330.

Establish Baseline Conditions
The Cross Valley Express program delivers the pilot phase of the overall Phase 1 Cross Valley Corridor program. Ultimately at full buildout, zero emission buses will operate from North and South Lemoore to Lindsay via Hanford, the Kings-Tulare High Speed Rail Station, and Visalia. In the initial pilot, service will operate from Amtrak Hanford to Farmersville at high frequencies with quality passenger facilities and vehicles. This service will be supplemented and fed by a BRT route operating parallel to State Route 99 from the Tulare Transit Center via State Route 63 and connecting with Cross Valley Express core service near College of the Sequoias and then continuing to Visalia Transit Center.

Tulare County Association of Governments was awarded approximately $60 million in funds from the Cycle 7 Transit and Intercity Rail Program (TIRCP) towards the capital infrastructure costs associated with a pilot regional bus service spanning from Hanford Amtrak Station to the City of Farmersville ($54,300,000) and a bus-rapid transit line connecting the City of Visalia with the City of Tulare ($4,800,000). This Cycle 7 TIRCP application is for capital costs associated with the Cross Valley Express, including procurement of eight additional zero-emission buses, electrical charging equipment and electrical infrastructure at the Lindsay and Visalia terminals, transit passenger facilities including shelters and street improvements, intelligent transportation system and transit priority investments, along with program management services required to deliver the project and interagency agreements required for implementation.

The Cross Valley Express and Visalia-Tulare Bus Rapid Transit are new services that are expected to begin operations in 2030. Annual operating expenses are estimated at $5-7 million depending upon phased frequency and operating segments. Operating revenue is anticipated to come from a myriad of fund sources and partner agencies including Tulare County Association of Governments, Visalia Transit, Tulare Couty Regional Transit Agency, Caltrans, High Speed Rail, San Joaquin Valley Air Pollution Control District.
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Execution Phase
The annual monitoring report will include a cover page that contains the following information:
• BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT

REDUCTION PLAN
• Annual Report for (include applicable monitoring year, such as “2030”) • Transportation Project Name: Tulare Six-Lane and Paige Avenue Interchange Improvement • Transportation Project ID: 0614000040
• Transportation Project EA: 06-48950
• Date of Submittal
• Provided To: Caltrans Environmental, District 6, 2015 E Shields Avenue, Suite 100, Fresno, CA 93726.
• Include a “Prepared By” heading that shows the preparing agencies name, address, email address, phone number and website URL (if applicable). If the report is prepared by an individual, provide the individual’s name, title, email address, phone number and relationship to CITY OF VISALIA.
• Photographs may be added to the cover page that are applicable to BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN The contents of the annual monitoring report will include the following:
• An introduction that includes the purpose and need of the annual monitoring report and a brief description of the mitigation project
• Identification of any improvements or concerns from the previous year • Identification of any anticipated improvements or concerns for the future year • Monthly Ridership data
• Funding/Accounting summary of the BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN.
• BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN status and implementation viability issues. • Conclusion statement for BUS RAPID TRANSIT and CROSS VALLEY CORRIDOR EXPRESS BUS VMT REDUCTION PLAN for the monitoring year
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Visalia City Council
Staff Report
Visalia Administration
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0492 Agenda Date: 11/3/2025 Agenda #: 2.

Agenda Item Wording:

City’s Participation as the Project Lead and Primary Operator of the Regional Express Transit Service Project - Consider approval for the City to participate and serve as the project lead and primary services operator of the Regional Express Transit Service Project funded by the Tulare County Association of Governments, to include express transit service between Tulare and Kings Counties and the cities of Visalia and Tulare.

Deadline for Action: 11/3/2025
Submitting Department: Administration
Contact Name and Phone Number:

Angelina Baker, Transit Manager, [email protected] (559)713-4591 John Lollis, Assistant City Manager, [email protected], (559)713-4342 Department Recommendation:

Staff recommends that the City Council approve the City’s participation in and serving as the project lead and primary services operator of the Regional Express Transit Service Project, approve the draft Resolution authorizing the City Manager to execute the California Department of Transportation (Caltrans) Master Agreement and Program Supplement for Transit and Intercity Rail Capital Program Funding (TIRCP), and authorize the City Manager in coordination with the City Attorney to draft necessary agreements with the Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and Caltrans for the Council’s formal approval.

Background Discussion:

Forecasts estimate that the combined population of Tulare and Kings Counties will approach 700,000 by 2030 (currently 638,460). Approximately 130,000 total daily trips are currently made along the State Route 198 corridor between the city of Farmersville and Naval Air Station (NAS) Lemoore, and the volume of trips between destinations on this corridor could increase by almost ten percent (10%) by 2030. Today, only one-half of one percent (0.5%) of these trips are made on public transit, and an operational express transit service spanning from Lindsay to NAS Lemoore could increase transit mode share close to six percent (6%) by capturing up to twenty (20) additional daily public transit trips.

Beginning with direction provided by the Tulare County Association of Governments (TCAG) Board of Governors at its Board Retreat in 2016, the strategic objective was established for the preservation and potential utilization of the historic San Joaquin Valley Railroad freight corridor as a valuable eastwest transportation system linking Kings and Tulare Counties between the cities of Huron and Porterville, thus given the name the Cross Valley Corridor. Several planning studies to expand public transit services in Tulare County have been conducted and sponsored by the TCAG over the past twenty (20) years, with the most recent being the 2018 Cross Valley Corridor Plan and subsequent Visalia City Council Printed on 6/24/2026 Page 1 of 4
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2024 Kings-Tulare Cross Valley Corridor Phase 1 Operations Plan. Given the TCAG Board’s Objective, the 2018 Plan envisioned a 75-mile high-frequency transportation corridor linking cities east to west across the valley utilizing the historic rail corridor, with future rail transit service planned between Porterville-Lindsay-Visalia-Hanford-Lemoore-Huron. The 2024 Operations Plan recommends incremental implementation of the 2018 Plan, with initial express transit service along the most active and viable segments. Additionally, the 2024 State Rail Plan identifies and supports express transit service along the Cross Valley Corridor, initially to connect with San Joaquins Amtrak trains at the Hanford Station, and later with high-speed rail trains at the Kings-Hanford Station upon the opening of that system.

The Regional Express Transit Service Project is comprised of two (2) separate but intersecting express transit services in the region, including the Cross Valley Express (CVX) project connecting communities of Tulare and Kings Counties primarily along the State Route 198 corridor, and a complimentary Bus Rapid Transit (BRT) system on the Mooney Boulevard (State Route 63) corridor between the Visalia and Tulare transit centers, with stops serving commercial retail destinations as well as the College of the Sequoias campus in Visalia. The CVX is planned to initially operate between the Farmersville Transit Center and the Hanford Amtrak Station.

Based upon the 2024 Operations Plan, the CVX would operate eight (8) transit vehicles at 30-minute service frequencies for 16-18 hours per day over the approximate thirty (30) miles between the Hanford Amtrak Station and the City of Farmersville Transit Center via Visalia, including stops at the Hanford Transit Center, Visalia Industrial Park (2), College of the Sequoias, Kaweah Health Medical Center, and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by the Tulare County Regional Transit Agency (TCRTA) and Kings Area Regional Transit (KART). It is the goal that the CVX would begin operation in Fall 2028, including the development of a new transfer station in the Visalia Industrial Park (potentially at the TCOE Doe Center), installation of twelve (12) new CVX transit stops, and twenty (20) intersection traffic signal preemption systems.

Given all the current funding for the Project is sourced from State transit grant funds, zero-emission battery-electric and/or hydrogen fuel cell vehicles would be required of any procurement, and therefore the necessary EV-charging or hydrogen-fueling infrastructure would also need to be developed. It is hoped that the early success of the CVX would lead to connection to NAS Lemoore shortly after service is begun, as it is the expressed interest of the Station administration to have express transit service to Visalia for its personnel who live in the community and work at the Station.

The Mooney Boulevard BRT would operate along Mooney Boulevard with five (5) vehicles at 15- minute service frequencies for 16-18 hours per day over the approximate eleven (11) miles between the Tulare Transit Center and the Visalia Transit Center, including stops at Prosperity Avenue (Tulare), Visalia Parkway, Caldwell Avenue, Walnut Avenue, Tulare Avenue/College of the Sequoias (COS), and Kaweah Health Medical Center, intersecting with the CVX at COS, Kaweah Health and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by TCRTA. It is also the goal that the BRT would begin operations in Fall 2028, including the installation of six (6) new BRT transit stops, twenty (20) intersection traffic signal preemption systems, and necessary EV-charging or hydrogen-fueling infrastructure. Given the significance of Mooney Boulevard as the regional commercial corridor, it will be imperative that the project not create additional congestion and/or interfere with commercial operations and development, and that the City maintain authority over the BRT routes, timing and operations.

In financial support of the Project, TCAG has submitted multiple federal and State transit grant Visalia City Council Printed on 6/24/2026 Page 2 of 4
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applications, resulting in currently $69.38 million in State Transit and Intercity Rail Capital Program (TIRCP) grant funds for capital improvements, including $49.1 million in capital improvements and $18.8 million for zero-emission vehicles, which $10.28 million in funding must be obligated with Caltrans by June 30, 2029 and expended by June 30, 2032. The remaining $59.1 million must be obligated with Caltrans by June 30, 2031, and expended by June 30, 2034. Given the combination of awarded capital and vehicle grant funding, TCAG has stated that the ongoing use and value of capital and infrastructure development be the priority for funding in development of the Project, given there are other various local, State and federal funding options for vehicle procurement. TCAG has also allocated an initial $7 million in State Senate Bill 125 transit funds toward operational support, as well as $1.5 million in State Senate Bill 743 mitigation funding from the State Route 99 Tulare SixLane and Paige Avenue Interchange Improvement Project toward operational support for the BRT.

The $49.1 million in funded capital improvements include the following:

Signal Preemption/Street Improvements Construction: $12,410,000 Construction Contractor Costs: $9,460,000
Caltrans and City Indirect Costs: $7,580,000
Transit Stop Facility Improvements Construction: $5,720,000 EV and Charging Infrastructure Construction: $5,300,000 Lindsay Transit Center: $4,400,000
Design and Engineering: $4,230,000
As the most robust transit system in the region, TCAG has requested that the City of Visalia serve as the project lead and primary service provider. The City serving in this capacity will be of significant impact, both in the Engineering Department and the Administration-Transit Division, and will require extensive coordination with Caltrans given the significant number of intersection signal preemption system and street improvements within Caltrans jurisdiction and right-of-way, to which Caltrans has committed to identify a project manager on its behalf to coordinate with the City. The Caltrans Project Manager could potentially be the same for the State Route 63 Rehabilitation and Class II Bicycle Lane Project currently being planned for construction in 2028. The City has identified the specific need for a new Project Manager position in the Engineering Department to administer the City’s design/bid/build process and close coordination with necessary consultants and the identified Project Manager for Caltrans, as well as a likely the need for a new position in the Transit Division as the project grows closer to implementation.

There are currently several agreements being drafted and/or reviewed by legal counsel for future consideration in support of the Regional Express Transit Service Project, including a draft agreement between the City, TCAG and the TCRTA for “Operations”, a draft Cooperation Agreement between the City and Caltrans for “Capital Development”, a draft agreement between Caltrans, the City and TCAG for “Construction of Capital Improvements”, a draft agreement between the City and Caltrans to be the recipient of State TIRCP transit grant funds, and a draft agreement between the City and TCAG to be the recipient of State SB 125 transit funds.

Given the magnitude of the capital improvements planned for the CVX and BRT express transit services and multi-year timeframe for development, it is possible for certain services to begin prior to final capital improvements (e.g. Visalia Transit matching KART service between the Visalia Transit Center and Hanford Transit Center).

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File #: 24-0492 Agenda Date: 11/3/2025 Agenda #: 2.

Fiscal Impact:

If approved for the City’s participation, this proposed Project will lead to the creation of a new CIP project for the Transit Division with Engineering Department assistance and support, and the receipt and responsibility for significant State and potentially federal transit grant funding.

As indicated in this report, upwards of $70 million in State transit grant funds have been awarded for the development of the Project, which are prioritized for capital and infrastructure development.

There are various local, State and federal funding sources available for transit vehicle procurement, and TCAG has already budgeted the projected first year of full buildout operations of $8.5 million.

As also indicated in this report, of the $69.38 million in State transit grant funds secured, $10.28 million in funding must be obligated with Caltrans by June 30, 2029, and expended by June 30, 2032.

The remaining $59.1 million must be obligated with Caltrans by June 30, 2031, and expended by June 30, 2034.

Prior Council Action: None
Other: N/A
Alternatives: Do not authorize the City’s participation in the Regional Express Transit Service Project and/or serve as the project lead.

Recommended Motion (and Alternative Motions if expected):

I move to approve the City’s participating in and serving as the project lead and primary services operator of the Regional Express Transit Service Project, approve the draft Resolution authorizing the City Manager to execute the California Department of Transportation (Caltrans) Master Agreement and Program Supplement for Transit and Intercity Rail Capital Program Funding (TIRCP), and authorize the City Manager in coordination with the City Attorney to draft necessary agreements with the Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and Caltrans for the Council’s formal approval.

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

1. Draft Resolution 2025-73

2. Draft Caltrans Grant Recipient Agreement

3. Draft Memorandum of Understanding for “Operations”

4. Draft Memorandum of Understanding for “Capital Infrastructure”

5. CVX and Mooney BRT - System Map Exhibit

6. Meeting Presentation
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Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0040 Agenda Date: 7/20/2026 Agenda #: 13.

Agenda Item Wording:

Citizens Advisory Committee Appointment - Approve the Citizens Advisory Committee’s recommendation to appoint Scott Feil to fill vacant position on the Citizens Advisory Committee for a term ending June 2028.

Agenda Date: 07/20/2026
Prepared by:

Public Works Manager Jason Serpa, 559-713-4533, [email protected]; Police Captain Daniel Ford, 559-713-4151, [email protected] Department Recommendation:

Approve the Citizens Advisory Committee’s recommendation to appoint Scott Feil to fill a vacant position on the Citizens Advisory Committee with a term ending June 2028.

Summary:

The Citizens Advisory Committee (CAC) consists of eleven (11) members and currently has four (4) vacancies. Following interviews of applicants, the CAC recommends that the City Council appoint Scott Feil to fill one of the vacant positions for a term ending in June 2028.

Background Discussion:

The Citizens Advisory Committee (CAC) consists of eleven (11) members. There are currently four (4) vacancies on the committee. If this appointment is approved by the City Council, Scott Feil will fill a vacancy for a position with a term ending in June 2028.

The CAC conducted interviews with applicants for the vacant committee positions and is recommending the appointment of Scott Feil to fill one of the vacancies.

The CAC meets monthly for a variety of purposes including:
· Annually review the City’s use of the Measure T Public Safety Sales Tax commenting on the City Manager’s certified budget and the outside auditor’s review of monies spent. · Provide two (2) members to sit on the Measure N Oversight Committee. · Provide training, review, and recommendations to Council for the distribution of non-profit youth grants.
· Provide input on the City’s use of Community Development Block Grants (CDBG) and other programs from Housing and Urban Development (HUD).
· Provide Council feedback on an annual basis with regards to proposed new and/or increased fees and rates.

If the recommended appointment of Scott Feil is approved by Council, the eleven (11) member Visalia City Council Page 1 of 3 Printed on 7/16/2026
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File #: 26-0040 Agenda Date: 7/20/2026 Agenda #: 13.

If the recommended appointment of Scott Feil is approved by Council, the eleven (11) member committee will be made up of the following members and vacant positions:

CITIZEN’S ADVISORY COMMITTEE
Acts as a liaison between the general public and the City Council concerning community issues.

Meetings held the 1st Wednesday of each month at 5:30 p.m. at City administration Building, 220 N. Santa Fe St.

Staff Reps: Jason Serpa and Daniel Ford; Members: 11 Members – 2-year term length/3 max. terms.

1. Feil, Scott
1st term: 7/2026-6/2028

2. Donabed, Rebecca
1st UET: 7/2021-6/2023; 2nd Term; 7/2023–6/2025 3rd Term, 7/2025-6/2027

3. Reeves, Jim
1st term: 3/2024-6/2025, 2nd Term, 7/2025-6/2027

4. Jennifer Fawkes
1st UET: 3/2025-6/2026, 2nd term 7/2026-6/2028

5. Appelbaum, Julie
1st term: 11/2023-6/2025, 2nd Term, 7/2025-6/2027

6. Lacey Todd
1st UET: 3/2025-6/2025, 2nd Term, 7/2025-6/2027

7. Prosser, Brian
1st term: 7/2022-6/2024; 2nd term 7/2024-6/2026, 3rd Term, 7/2026-6/2028

8. Mario Fierro
1st term: 9-2024-6/2026, 2nd Term, 7/2026-6/2028

9. Vacant
1st term: 7/2024-6/2026

10. Vacant
1st term: 7/2025-6/2027

11. Vacant
1st term: 7/2026-06/2027
Fiscal Impact including annual maintenance and operating costs: N/A Prior Council Action: Council has historically affirmed the recommendations of the CAC related to the appointment of new members.

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

I move to approve the Citizens Advisory Committee’s recommendation to appoint Scott Feil to fill vacant position on the Citizens Advisory Committee for a term ending June 2028.

Environmental Assessment Status: N/A
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File #: 26-0040 Agenda Date: 7/20/2026 Agenda #: 13.

CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments: Application - Scott Feil
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☒
Quality of
Life
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Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0043 Agenda Date: 7/20/2026 Agenda #: 14.

Agenda Item Wording:

Service Agreement for after school club for Visalia Unified School District - Authorize City Manager to execute an agreement with Visalia Unified School District to provide an after-school club for Crowley elementary school students at the city operated Manuel F. Hernandez Community Center.

Agenda Date: 07/20/2026
Prepared by: Holly Ellis, Recreation Supervisor, [email protected], 713-4461, Laurissa Roggenkamp, Recreation Manager, [email protected], 713-4336, Jason Glick Department Recommendation: Staff recommends that City Council authorize the City Manager to execute an agreement between the City of Visalia and Visalia Unified School District for the purpose of providing an after-school club for the students of Crowley Elementary School at the city operated Manuel F. Hernandez Community Center.

Summary:

City and Visalia Unified School District (VUSD) staff are seeking a one-year service agreement for an after-school club program for the students of Crowley Elementary school. Crowley students will have the opportunity to sign-up for the after-school club program hosted at the Manuel F. Hernandez Community Center through VUSD ELO-P services. VUSD will contract with City for 40 Crowley students per session to attend the City’s existing after-school program, for a total of $40,498.14 paid to the City for the 2026-2027 school year.

Background Discussion:

In 2021, VUSD became a recipient of funding through the California Department of Education's Expanded Learning Opportunities Program (ELO-P), established through California Assembly Bill (AB) 130. The program provides funding for before-school, after-school, and intersession opportunities for transitional kindergarten through sixth-grade students, supporting their academic, social, emotional, and physical development through engaging, hands-on learning experiences.

VUSD utilizes these funds to partner with community organizations that can provide high-quality enrichment opportunities for students.

The City’s Recreation Division has offered a free after-school and intersession program at the Manuel F. Hernandez Community Center, commonly known as “The Manuel,” for youth ages 5-17 since the late 1980s. Due to the close proximity of Crowley Elementary School to the community center, Recreation staff have long provided a supervised walking program between the school and The Manuel, serving an average of 40 first- through sixth-grade students. The Recreation division will continue to provide its existing free after-school and intersession programming at The Manuel to all eligible youth, including students from schools throughout the community. Through funding provided by VUSD’s ELO-P, the City will enhance services for participating Crowley Elementary students by expanding the supervised walking program and offering additional STEAM-based enrichment Visalia City Council Page 1 of 3 Printed on 7/16/2026
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File #: 26-0043 Agenda Date: 7/20/2026 Agenda #: 14.
expanding the supervised walking program and offering additional STEAM-based enrichment activities. This partnership supplements the City’s existing programming and does not change the availability of The Manuel’s programs for non-Crowley students.

This proposed agreement will be the second contract between the City of Visalia and VUSD to support after-school programming for Crowley Elementary School students at The Manuel. The 2025- 2026 school year marked the first year of the ELO-P partnership between the City and VUSD.

Building on the City’s existing Recreation programming at The Manuel, the partnership strengthened collaboration between the City, VUSD, and Crowley Elementary School while fostering stronger connections with the surrounding neighborhood. By creating a seamless extension of the school day for participating students, the partnership expanded access to quality enrichment opportunities through coordinated supervision, the existing walking program, and STEAM-based activities. The success of the first year demonstrated the value of leveraging the City’s established Recreation services with VUSD ELO-P funding to support the educational, recreational, and developmental needs of Crowley Elementary students.

Fiscal Impact including annual maintenance and operating costs: The cost to manage the 2026- 2027 program and revenues of $40,498 is included in the recently adopted budget.

Prior Council Action: Council authorized a one year contract for the same program and services for the 2025-2026 school year on July 21, 2025.

Alternatives: Do not approve the Service Agreement and direct City staff to resume operation of The Manuel after-school program as it existed prior to the ELO-P partnership, providing open-access after -school enrichment programming separate from Crowley Elementary School's after-school services.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement between the City of Visalia and Visalia Unified School District for the purpose of providing an after-school club to first through sixth grade students of Crowley Elementary at the city operated Manuel F. Hernandez Community Center for the 2026 - 2027 school year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments: Service Agreement for Expanded Learning Programs Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Ei
☒
☐
Fil
☐
☒
Visalia City Council Page 2 of 3 Printed on 7/16/2026
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File #: 26-0043 Agenda Date: 7/20/2026 Agenda #: 14.
☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☒
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 7/16/2026
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SERVICE AGREEMENT FOR EXPANDED LEARNING PROGRAMS
This Service Agreement (“Agreement”) is entered into on June 09, 2026 (“Effective Date”), by and between the Visalia Unified School District, a California public school district (“District”), and City of Visalia, a California government entity (“Contractor”). District and Contractor may be referred to herein individually as a “Party” or collectively as the “Parties.”

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

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

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

2. Term. The term of this Agreement shall commence on August 13, 2026, and terminate on June 04, 2027, (“Term”) unless otherwise stated in Section 6 below. There shall be no extension of the Term without a written amendment signed by all Parties and approved by the District’s governing board.

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

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

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

6. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party pursuant to the “Notices” section below.

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

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

Upon a material breach, the Agreement may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the nature of the breach is such that it cannot be cured within a five (5) day period, the Parties may consent in writing to a different time period in which the defaulting party may cure the failure. If the breach is not remedied within the five (5) day period or the additional time agreed upon in writing, the non-defaulting party may terminate the Agreement upon written notice specifying the date of termination. 2 329
Termination of this Agreement shall not terminate Contractor’s obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities.

7. Contractor Qualifications. Contractor represents and warrants that Contractor and all of Contractor’s employees, agents, or volunteers, have in effect and shall maintain in full effect throughout the Term of this Agreement all licenses, credentials, permits, and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all terms set forth in this Agreement. All Contractor employees, agents, or volunteers who directly supervise students shall, at a minimum, meet the qualifications for an instructional aide. Contractor shall provide proof of such licenses, credentials, permits, or any other required qualifications upon reasonable request by District. Contractor agrees to perform all Services and requirements of this Agreement in a professional and competent manner, consistent with federal, state, and local law.

Contractor represents that Contractor has sufficient resources and staff to fully perform all Services and requirements of this Agreement.

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

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

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

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

District agrees to provide the following Equipment to Contractor (“District Equipment”): N.A. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3 330

11. Independent Contractor. In the performance of this Agreement, Contractor shall be and act as an independent contractor. Contractor is not an agent or employee of District.

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

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

13. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold harmless District and its agents, representatives, officers, consultants, employees, Board of Trustees, members of the Board of Trustees (collectively, the “District Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits, and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature, and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, or Contractor’s agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to performance of the Services, breach of any of the representations or warranties contained in this Agreement, for injury to or death of persons, damage to property, delay, or damage to the District or District Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. Contractor’s defense and indemnity obligations under this section shall arise immediately upon the filing and/or service of any claim or action against District arising under this Agreement and shall extend to all such claims or actions except those based on the sole negligence or willful misconduct of District. The indemnification provided for in this section also includes any claims that may be made against the District by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against District alleging civil rights violations by Contractor under the California Fair Employment and Housing Act. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
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14. Fingerprinting/Criminal Background Investigation Certification. Contractor shall at all times, and at no cost to the District, comply with the fingerprinting and criminal background investigation requirements of the California Education Code section 45125.1. Before performing any Services under this Agreement, Contractor and all of Contractor’s employees and volunteers providing Services shall execute and return the District’s Fingerprinting Notice and Acknowledgement form and the required certification, which are attached hereto and incorporated herein by reference in Exhibit F.

Contractor warrants that Contractor and all employees and volunteers providing Services have completed background checks and have been fingerprinted under procedures established by the California Department of Justice and the Federal Bureau of Investigation, and the results of those background checks and fingerprints reveal that none of these Contractor and Contractor Parties have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code.

Contractor shall maintain on file information confirming that its employees have passed fingerprinting and criminal background investigation requirements of the Education Code.

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

15. Tuberculosis Certification. Contractor and its employees and volunteers providing Services shall at all times comply with the tuberculosis (“TB”) certification requirements of Education Code section 49406. Accordingly, by checking the applicable boxes below, Contractor hereby represents and warrants to District the following:
☐ Contractor and employees and volunteers will only have limited contact or no contact (as determined by District) with District students at all times during the Term of this Agreement. ☒ The following Contractor employees or volunteers will have more than limited contact (as determined by District) with District students during the Term of this Agreement and, at no cost to District, have received a TB test or risk assessment in full compliance with the requirements of Education Code section 49406: ________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ See attached letter(s) from a licensed medical professional.

Contractor shall maintain on file the certificates showing that all employees and volunteers providing Services were examined and found free from active TB. These forms shall be updated and regularly maintained by Contractor and shall be available to District upon request or audit.

Contractor further agrees and acknowledges that all new personnel hired to provide Services under this Agreement after the Effective Date of this Agreement by Contractor are subject to the TB certification requirements of Education Code section 49406 and shall be prohibited from having any contact with District students until the TB certification requirements have been satisfied, and District determines whether any contact is permissible. 5 332

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

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

18. Safety and Security. Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, policies, and procedures regarding student health and safety.

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

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

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

Further, the Parties agree as follows (check one of the following):
☒ Contractor and its employees are neither CalPERS nor CalSTRS retirees. ☐ CalSTRS Post-Retirement Employment Notice. The Parties acknowledge that the Contractor is a CalSTRS retiree and is subject to post-retirement employment restrictions.

The CalSTRS Post-Retirement Employment Notice is attached hereto and incorporated herein by reference as Exhibit I.
☐ CalPERS Post-Retirement Employment Notice. The Parties acknowledge that the Contractor is a CalPERS retiree and is performing the services set forth in this Agreement as an independent contractor, with no employer-employee relationship existing between the 6 333
District and Contractor. Prior to Contractor beginning the services set forth in this Agreement, a formal written independent contractor determination must be made by CalPERS, establishing the Contractor is an independent contractor and can work without post-retirement restrictions. The CalPERS Notice of Exclusion is attached hereto and incorporated herein by reference as Exhibit J.

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

22. Confidential Information. All District information disclosed to Contractor during the course of performance of Services and obligations under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by District or required by law. Contractor shall maintain the confidentiality of, and protect from unauthorized disclosure, any and all individual student information received from the District, including but not limited to student names and other identifying information. Contractor shall not use such student information for any purpose other than carrying out the obligations under this Agreement. Upon termination of this Agreement, Contractor shall turn over to District all educational records related to the Services provided to any District student pursuant to this Agreement. Contractor further agrees to comply with the Privacy Requirements listed in defined in Exhibit K, which is attached hereto and incorporated herein by reference.

23. Records and Audits. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with accounting methods and procedures required by state and federal laws and regulations, including, but not limited to, the California School Accounting Manual (“CSAM”).

Upon request, Contractor shall make such records available to District for the purpose of auditing and copying such records for a period of five (5) years from the date of final payment under this Agreement.

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

If to District, to:

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

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

Name: Leslie Caviglia
Title: City Manager
Address: 220 N. Santa Fe Street
Visalia, CA 93292
Telephone: 559-713-4314
Email: [email protected]
7 334

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

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

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

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

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

30. Dispute Resolution. The Parties shall use their best efforts in good faith to mutually resolve any disputes which may arise between the Parties relating to this Agreement. The Parties shall, as a condition precedent to initiating any litigation against the other Party, demand mediation of any dispute. The Parties shall endeavor to include any third party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees. Each Party shall bear its own attorney’s fees related to the mediation.

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

32. Attorney’s Fees. If a Party to this Agreement commences a legal action against the other Party to enforce a provision of this Agreement or seek damages related to the Services provided under this Agreement, the prevailing Party in the legal action will be entitled to recover 8 335
from the other Party all of its reasonable litigation expenses, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

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

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

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

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

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

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

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

39. Contents of Agreement. The Parties acknowledge that each of them has fully discussed the contents of this Agreement with their chosen representatives and/or legal counsel, and they had the benefit of legal counsel in negotiating and drafting the terms of this Agreement. This Agreement shall not be construed as having been drafted by one Party. Rather, it is the product of the negotiations between the Parties.

40. Conflict of Interest. Contractor warrants that it has no actual or potential conflict of interest with the District in respect to the Services to be performed under this Agreement for the District. Contractor agrees to comply with the law of the State of California regarding actual or perceived conflicts of interest, including, but not limited to Government Code § 1090 et seq., the Political Reform Act (Gov. Code, § 81000 et seq.), and related regulations promulgated by the California Fair Political Practices Commission. Contractor shall not acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District. 9 336

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

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

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

44. Ratification by School Board. This Agreement shall not become effective and enforceable unless and until it has been ratified and approved by the District’s Governing Board.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the date set forth below.

VISALIA UNIFIED SCHOOL DISTRICT
By: Date:

Kirk Shrum, Superintendent

CITY OF VISALIA
By: Date:

Leslie Caviglia, City Manager
By: Date:

Ken Richardson, City Attorney
By: Date:

Andrew Guzman, Insurance & Benefits Manager
Exhibits enclosed:

Exhibit A – Scope of Services
Exhibit B – Contractor Duties
Exhibit C – District Duties
Exhibit D – Fee and Payment Structure
Exhibit E – Insurance Requirements
Exhibit F – Fingerprinting Notice and Acknowledgement Form Exhibit G – Certified Assurances
Exhibit H – Board Policy and Administrative Procedure 5142 and 3516 10 337
Exhibit I – CalSTRS Post-Retirement Employment Notice
Exhibit J – CalPERS Notice of Exclusion
Exhibit K – Privacy Requirements
11 338

EXHIBIT A
Scope of Services
Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education and enrichment programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

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

Program Elements

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

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

3. Contractor will provide Contractor Program(s) consistent with the Program Funding requirements.

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

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

Hours of Operation

6. Contractor will operate Contractor Program(s) during the days and times at the School Sites specified in Attachment A to Exhibit A.

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

Staffing

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

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

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

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

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

12. Contractor shall give second priority enrollment to District students who attend Contractor Program(s) daily.
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EXHIBIT A – Attachment A
Program Details
Contractor shall implement the afterschool program for Crowley Elementary students in grades 1 through 6 at the Manuel Hernandez Community Center.

Program Details

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

2. Contractor will operate Athlete Global Program(s) during the days and times at the Sites specified in the Program Schedule listed in Table A.1, Table A.2, and Table A.3.

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

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

5. Additionally, Contractor Program will include the following elements and activities:
a. Culminating activity at the end of each session listed in Table A.2 below.

Table A. 1 – SCHOOL SITES
School Name
Crowley Elementary School
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Table A. 2 – CONTRACTOR SCHEDULE
Elementary School Sites
Session 1 Session 2 Session 3 Session 4 Session 5 Session 6 Term 8/13-9/18 9/21-10/30 11/2-12/18 1/11-2/19 2/22-4/16 4/19-6/4 Staff
Schedule
2:00pm5:30pm2:00pm5:30pm2:00pm5:30pm2:00pm5:30pm2:00pm5:30pm2:00pm5:30pm Min
Days/Confe
rence 9/14/2026 10/19/2026
C:11/16-11/
20,
12/7/2026 1/25/2027
C:
3/10/2027-
3/15/2027 6/4/2027
Min Day
Program
Hours
1:00pm5:30pm1:00pm5:30pm12:00pm5:30pm1:00pm5:30pm12:00pm5:30pm1:00pm5:30pm Table A. 3- PROGRAM SCHEDULE
Elementary Schedule
Session Site Program Selected Grade Levels Days
1 CRO City of Visalia 1-6 M/W/F
1 CRO City of Visalia 1-6 T/TH
1 CRO City of Visalia 1-6 M-F
2 CRO City of Visalia 1-6 M/W/F
2 CRO City of Visalia 1-6 T/TH
2 CRO City of Visalia 1-6 M-F
3 CRO City of Visalia 1-6 M/W/F
3 CRO City of Visalia 1-6 T/TH
3 CRO City of Visalia 1-6 M-F
4 CRO City of Visalia 1-6 M/W/F
4 CRO City of Visalia 1-6 T/TH
4 CRO City of Visalia 1-6 M-F
5 CRO City of Visalia 1-6 M/W/F
5 CRO City of Visalia 1-6 T/TH
5 CRO City of Visalia 1-6 M-F
6 CRO City of Visalia 1-6 M/W/F
6 CRO City of Visalia 1-6 T/TH
6 CRO City of Visalia 1-6 M-F
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EXHIBIT B
Contractor Duties
Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education and enrichment programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.

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

Program Elements

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

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

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

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

5. Contractor shall collaborate and provide requested information to District to assist in District’s periodic review of the Program Plan, which shall include, but may not be limited to, assessment of program goals, program content, outcome measures that the program will use for the next three years, and any other information requested by the California Department of Education (“CDE”).

Monitoring and Program Implementation

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

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

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

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

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

District will determine, in its sole discretion, whether any modification to the Scope of Services shall be made. Modifications shall be mutually agreeable to both parties and agreed upon, in writing, consistent with the amendment terms of the Agreement. 343

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

Staffing

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

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

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

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

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

17. Contractor shall maintain a staffing level and supplies at School Sites that are consistent for all Contractor Program(s) sites.

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

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

Fiscal Responsibilities

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

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

21. Contractor’s books, records, and accounts pertaining to Services rendered under this Agreement shall at all times be open to inspection by authorized District representatives, 344
the California Department of Education (“CDE”), and the U.S. Department of Education (“DOE”).

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

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

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

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

Reports

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

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

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

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

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

Program Responsibilities

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

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

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

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

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

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

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

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

Monitoring

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

Facilities and Transportation

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

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

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

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

1. The fees for Contractor services to be provided under this Agreement shall not exceed $40,498.14 (“Total Fee”). Contractor shall not increase the fee over the course of this Agreement. Any work performed by the Contractor in excess of the Total Fee shall not be compensated without District’s prior written approval. All fees under this Agreement are to cover the costs associated with children attending, with a total of approximately # children attending across all School Sites.

2. Method of Payment: Payment will be rendered to the contractor on a monthly basis via Check based on invoice amount.

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

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

5. Reimbursable Expenses. Notwithstanding the above, District agrees to reimburse Contractor for out-of-pocket expenses, without mark-up, identified below (“Reimbursable Expenses”):
a. [ X ] None. District will not reimburse any expenses in addition to the Total Fee. b. [__] Reimbursable Expenses include the following:
_________________________
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Reimbursable Expenses shall not exceed $00.00 per invoice unless Contractor obtains prior written approval from District.
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6. Unallowable Use of Program Funding. Contractor shall only use Program Funding for reasonable and necessary expenditures in accordance with the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”) and other applicable regulations. (2 C.F.R, § 200.302 et seq.) In accordance with the Uniform Guidance, unallowable expenditures of Program Funding include, but are not limited to, advertising, public relations costs, advisory councils, alcohol, bad debt, donations, entertainment costs, fundraising costs, recruiting costs, membership costs, rental costs, and any unreasonable and unnecessary expenditures.

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

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

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

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

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

5. Verification of Coverage
Prior to District’s approval of this Agreement, Contractor will file with the Superintendent of the District Certificates of Insurance with original endorsements effecting coverage in a form acceptable to the District. The District reserves the right to require certified copies of all required insurance policies at any time.
350

EXHIBIT F
Fingerprinting Notice and Acknowledgement for Contracts (Education Code Section 45125.1)
Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied with Education Code section 45125.2, business entities entering into contracts with the District must comply with Education Code sections 45125.1. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law:

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

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

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

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

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

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

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

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

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

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

Date: ____________, 20__ Signature: _____________________________ Typed Name: __________________________
Title: ________________________________
Entity: _______________________________
354

EXHIBIT G
Certified Assurances
ASES and 21CCLC Certified Assurances

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

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

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

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

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

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

Code, § 8482.3(f)(3)).

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

Code, § 8482.3(f)(5)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Code, § 60640, et seq.).
361

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT H
Board Policy and Administrative Procedure 5142 and
Board Policy and Administrative Procedure 3516
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384

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

Contractor agrees that paragraphs (i) through (v) below satisfy all notice requirements imposed by law. Contractor declares that prior to signing this Agreement, Contractor is apprised of relevant data and received independent advice and counsel regarding the state and federal tax and retirement consequences of this Agreement.

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

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

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

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

5. Special Skills. The Parties agree that Contractor cannot work in a classified position, except as a teacher’s aide. The Parties also agree that Contractor possesses specialized skills. Further, Contractor represents that he/she possesses the credentials required to perform the duties set forth in this Agreement.
385

EXHIBIT J
CalPERS Notice of Exclusion
If applicable, please use CalPERS Form 1007 “Notice of Exclusion from CalPERS Membership” located here:
https://www.calpers.ca.gov/docs/forms-publications/notice-of-exclusion-from-calpers-me mbership-state-agency-calpers-1007.pdf
386

EXHIBIT K
Privacy Requirements

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

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

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

4. Children’s Online Privacy Act. California Education Code Section 49073.1 sets forth requirements for contracts for third-party storage, management, and retrieval of pupil records and contracts for digital educational software that authorizes any third-party to access, store and use pupil records, including, among others, requirements for limitations and procedures relating to access and use of information maintained by educational agencies and information acquired directly from pupils. To the extent, in connection with the ELOP Services, the Provider accesses, obtains, stores, uses, or discloses any information within the scope of Section 49073.1 (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the Provider shall comply with any and all applicable 387
requirements of Section 49073.1. For such purposes, the provisions specified in Section 49073.1 are deemed and construed to be incorporated into this Agreement by this reference.

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

6. Reporting of Incidents. In the event, in connection with the ELOP Services, the Provider becomes aware of any violation of any of the foregoing provisions described in this Attachment B, then, within twenty-four (24) hours of becoming aware of the violation (in each case, an “Incident”), the Provider shall submit a written report of the Incident to the District, which shall include, without limitation, a reasonably detailed description of the related facts known by the Provider and copies of any and all documentation relating to the Incident that is within the possession or control of the Provider.
388
Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0054 Agenda Date: 7/20/2026 Agenda #: 15.

Agenda Item Wording:

Notice of completion - Request authorization to file a notice of completion for the Riverway Sports Park Fencing Project.

Agenda Date: 07/20/2026
Prepared by: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected]; Ivan Nicar, Parks and Facilities Manager 713-4564; [email protected]; Jason Glick, Parks and Recreation Director 713-4042; [email protected]
Department Recommendation: Staff recommends that the City Council authorize the filing of a Notice of Completion for the Riverway Sports Park Fencing Project (CP0695) with Marko Construction Group Inc. of Fresno, California.

Summary:

The Riverway Sports Park Fencing Project included the installation of ornamental iron perimeter fencing, chain-link fencing, and automated vehicle gates throughout Riverway Sports Park.

Construction was completed by Marko Construction Group Inc. of Fresno, California, under a contract awarded by the City Council on July 21, 2025, in the amount of $3,041,827. As of June 26, 2026, all required inspections have been completed, and the project has been substantially completed in accordance with the approved plans and specifications.

Background Discussion:

Construction of Riverway Sports Park commenced in 2006 and was completed through a series of phases extending through 2020. Phase I included the development of ten soccer fields, three of which are lighted, and was intentionally designed without perimeter fencing to maintain open public access. Subsequent phases expanded park amenities to include playgrounds, picnic shelters, additional sports field lighting, baseball facilities, and softball facilities. Unlike the soccer complex, the baseball and softball facilities were constructed with perimeter fencing to secure the playing areas and support ongoing park operations.

As utilization of the park increased, staff identified ongoing maintenance, operational, and security challenges associated with the soccer field complex. The absence of perimeter fencing limited the City's ability to effectively restrict access during scheduled maintenance activities and turf recovery periods, resulting in unauthorized use and accelerated turf deterioration. Staff also experienced recurring expenses related to temporary fencing, signage, vandalism repairs, and unauthorized afterhours activity.

In addition, the park experienced increasing concerns related to security, cleanliness, unhoused encampments, and illegal activity. These conditions resulted in concerns raised by park users, adjacent residents, City staff, law enforcement personnel, and members of the City Council.

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During the Fiscal Year 2024-25 budget process, staff identified perimeter fencing for the soccer complex as a proposed project within the Parks and Recreation Capital Improvement Program. The City Council directed staff to advance the project from Year 3 to Year 1 of the Capital Improvement Plan and expanded the project scope to include fencing around the entire park perimeter.

Staff subsequently coordinated with public safety representatives, park user groups, the Site Plan Review Committee, and the Parks and Recreation Commission to develop the final project design.

The approved design included ornamental iron perimeter fencing, interior chain-link fencing around the soccer complex, automated vehicle gates, ADA-compliant pedestrian access improvements, and designated managed entry points.

The Parks and Recreation Commission recommended approval of the project on January 14, 2025.

On February 3, 2025, the City Council authorized staff to advertise the project for competitive bids.

Due to increased construction costs, the City Council later approved additional appropriations to fully fund the project, including construction contingency and permit-related expenses.

Construction began on September 8, 2025. During construction, the Change Order Committee approved two change orders to address life-safety requirements associated with accommodating large special events at the park.
• Change Order No. 1 authorized the installation of three panic hardware assemblies at the primary pedestrian gates to enhance emergency egress capabilities, at a cost of $26,611.20. • Change Order No. 2 authorized the installation of additional ornamental iron and chain-link service gates along the southern soccer fields to improve emergency access and egress during large special events, at a cost of $46,076.80.

As of June 26, 2026, all required inspections have been completed, and the project has been substantially completed in accordance with the approved plans and specifications. Staff recommends that the City Council authorize the filing of the Notice of Completion.

Fiscal Impact including annual maintenance and operating costs: The Riverway Sports Park Fencing Project (CP0695) was initially funded with a $1,500,000 appropriation as part of the Fiscal Year 2024-25 Budget. Due to higher-than-anticipated construction costs, the City Council approved an additional $1,000,000 on June 16, 2025, and an additional $849,010 on July 21, 2025, bringing the total project budget to $3,349,010.

Riverway Sports Park Fencing Project (CIP 1010-72000/CP0695-999) Budget Summary
General Fund Project Budget (FY24/25) $1,500,000.00
General Fund Project Budget (06/16/2025) $1,000,000.00
General Fund Project Budget (07/21/2025) $849,010.00
Total Project Budget $3,349,010.00
Project Cost
Marko Construction Group Bid $3,041,827.00
Contingency. (est. 10%) $304,183.00
Subtotal $3,346,010.00
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File #: 26-0054 Agenda Date: 7/20/2026 Agenda #: 15.
jg() $,,
General Fund Project Budget (07/21/2025) $849,010.00
Total Project Budget $3,349,010.00
Project Cost
Marko Construction Group Bid $3,041,827.00
Contingency. (est. 10%) $304,183.00
Subtotal $3,346,010.00
Actual Project
Marko Construction Group Bid $3,041,827.00
Estimated COV Permit Fees $3,000.00
Change Order No. 1 - Panic Hardware $26,611.20
Change Order No. 2 - Additional Service Gates $46,076.80 Total Project Cost $3,117,515.00
Staff utilized the approved construction contingency in the amount of $304,183 to fully fund project change orders totaling $72,688. As a result, the project was completed within the total authorized budget of $3,349,010, with $231,495 remaining in the contingency fund.

Prior Council Action: On April 15, 2024, during a Work Session, City Council reviewed the proposed Parks and Recreation Department 6-Year Capital Improvement Plan (CIP) and directed staff to advance the Riverway Sports Park Fencing Project from Year 2 to Year 1 of the plan and expand the scope to include fencing the entire perimeter of the park. On June 17, 2024, the City Council approved the Fiscal Year 2024/25 and Fiscal Year 2025/26 multi-year budget. On February 3, 2025, Council approved the proposed fencing location and materials for the Riverway Sports Park Fencing Project. On June 16, 2025, Council approved an appropriation of an additional $1,000,000 from the Fiscal Year 2024/25 General Fund surplus to address increased project costs, followed by approval on July 21, 2025, of an additional $849,010 from the same fund source to fully fund project completion.

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

I move to authorize the filing of a notice of completion for the Riverway Sports Park Fencing Project following the satisfactory completion of the project by Marko Construction Group Inc. of Fresno, California.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments: Location Map and Draft Notice of Completion.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
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Economic
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Organizational
Excellence
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Fiscal
Strength
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Infrastructure &
Growth
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Quality of
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Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

RIVERWAY SPORTS PARK FENCING PROJECT (PROJECT NO. 1010-72000/CP0695-999) under the contract agreement entered into with Marko Construction Group Inc., dated 09/08/2025, as a whole was completed on 6/26/2026, and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 393

RIVERWAY SPORTS PARK FENCE: AS-BUILT

394
Site Map - North Side Fields 1, 2, & 3 Exhibit “A”
7’ (H) wrought iron fencing and mow
strip along the existing sidewalk
6’ (H) chain-link fencing and
mow strip along existing
7’ (H) x 4’ (W) wrought
iron pedestrian gates
Attach existing chainlink fencing to new
wrought iron fencing
Remove existing chainlink fencing, install 7’ (H)
wrought iron fencing
7’ (H) x 12’ (W) wrought iron service
gates (double six-foot gates)
7’ (H) x 4’ (W) wrought
iron pedestrian gates
6’ (H) x 4’ (W) chainlink pedestrian gates
6’ (H) x 12’ (W) wrought iron service
gates (double six-foot gates)
395
Site Map - North Side Fields 4 & 5 Exhibit “B”
7’ (H) wrought iron fencing and mow
strip along the existing sidewalk
Double 7’ (H) x 4’ (W)
wrought iron pedestrian gate
6’ (H) chain-link fencing and
mow strip along the existing
7’ (H) x 12’ (W) wrought iron service
gates (double six-foot gates)
7’ (H) x 4’ (W) wrought
iron pedestrian gate
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
396
Site Map - South Side Fields 4 & 5 Exhibit “C”
6’ (H) chain-link fencing and mow
strip along existing sidewalk
7’ (H) wrought iron fencing
within concrete curbing
7’ (H) wrought iron fencing and mow
strip along the existing sidewalk
Double 7’ (H) x 4’ (W)
wrought iron pedestrian gate
7’ (H) x 24’ (W) Automatic
vehicle wrought iron gates
w/ lock box
6’ (H) x 4’ (W) chainlink pedestrian gates
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
397
Site Map - North Side Fields 9 & 10 Exhibit “D”
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
Double 6’ (H) x 4’ (W)
chain-link
pedestrian gate
6’ (H) x 4’ (W) chain-link
pedestrian gates
6’ (H) chain-link fencing and mow
strip along existing sidewalk
7’ (H) wrought iron fencing
within concrete curbing
7’ (H) wrought iron fencing and mow
strip along the existing sidewalk
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
398
Site Map - South Side Fields 9 & 10 Exhibit “E”
7’ (H) wrought iron fencing and mow
strip along the existing sidewalk
Double 7’ (H) x 4’ (W) wrought
iron pedestrian gate
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
6’ (H) chain-link fencing and mow
strip along existing sidewalk
Install 7’ (H) x 12’ (W)
wrought iron service gates
(double six-foot gates)
7’ (H) x 4’ (W) wrought iron
pedestrian gate
399
Site Map - North Side Fields 7 & 8 Exhibit “F”
6’ (H) chain-link fencing and mow
strip along arbor concrete pad
6’ (H) chain-link fencing within
concrete curbing
6’ (H) chain-link
fencing and mow strip
along existing
6’ (H) x 4’ (W)
chain-link
pedestrian gate
400
Site Map - Fields 6, 7, & 8 Exhibit “G” (1 of 2)
6’ (H) x 4’ (W)
chain-link
pedestrian
gates
6’ (H) x 12’ (W) chain-link service
gates (double six-foot gates)
4’ (W) ADA Accessibility
concrete sidewalk
7’ (H) wrought iron
fencing and mow strip
along existing sidewalk
7’ (H) wrought iron fencing
within concrete curbing
6’ (H) chain-link
fencing and mow
strip along existing
sidewalk
Double 7’ (H) x 4’ (W)
wrought iron
pedestrian gate
7’ (H) x 24’ (W)
Automatic vehicle
wrought iron gates
w/ lock box
Remove 40 feet of
median island and
repave with asphalt
6’ (H) chain-link
fencing and mow
strip in turf area
7’ (H) x 4’ (W) wrought iron
pedestrian gates
Install 7’ (H) x 12’ (W)
wrought iron service gates
(double six-foot gates)
401
Site Map - Fields 6, 7, & 8 Exhibit “G” (2 of 2)
Removed 40 feet of
median island and
repave with asphalt
402
Site Map - South Side Phase 5 Exhibit “H”
7’ (H) x 12’ (W) wrought
iron service gates
(double six-foot gates)
7’ (H) wrought iron
fencing and mow strip
along existing sidewalk
403
Site Map - Phase 5 North Exhibit “I”
7’ (H) wrought iron
fencing within
concrete curbing
7’ (H) wrought iron
fencing and mow strip
along existing sidewalk
404
Site Map - Giddings Entrance Exhibit “J”
7’ (H) wrought iron
fencing within
concrete curbing
Double 7’ (H) x 4’
(W) wrought iron
pedestrian gate
7’ (H) wrought iron
fencing within
concrete curbing
7’ (H) wrought iron
fencing and mow strip
along existing curb
7’ (H) x 24’ (W) Automatic
vehicle wrought iron gates
w/ lock box
405
Site Map - CR Shannon Fields Exhibit “K”
7’ (H) x 12’ (W) wrought iron service
gates (double six-foot gates)
Attach existing chainlink fencing to new
wrought iron fencing
Remove existing chainlink fencing, install 7’
(H) wrought iron fencing
7’ (H) wrought iron
fencing and mow strip
along existing sidewalk
7’ (H) wrought iron
fencing within
concrete curbing
7’ (H) x 4’ (W)
wrought iron
pedestrian gate
406
Site Map – California Building Code – Fire/Egress
Field 1 Field 2 Field 3 Field 4 Field 5
Field 6 Field 7 Field 8
Field 9 Field 10
Fields 1, 2, & 3 Fields 4 & 5
Fields 9 & 10
Fields 6, 7, & 8
2022 CBC/CFC OCCUPANCY
Fields Dense
Concert / Festival
Crowded 5ft per
person
Moderate
General Event /
Spectators standing
7ft per person
Unconcentrated
Casual Sports
Field/Spread out
15ft per person
Fields 1,2, & 3 59,075 42,197 19,692
Fields 4 & 5 50,437 36,026 16,812
Fields 6,7, & 8 60,881 43,486 20,293
Fields 9 &10 46,815 33,439 15,605
• 5 – 12’ Service Gates
• 7 – 4’ Pedestrian Gates
• Max Occupancy 5,280
• 5 – 12’ Service Gates
• 7 – 4’ Pedestrian Gates
• Max Occupancy 5,280
• 5 – 12’ Service Gates
• 7 – 4’ Pedestrian Gates
• Max Occupancy 5,280
• 4 – 12’ Service Gates
• 7 – 4’ Pedestrian Gates
• Max Occupancy 4,560
407
Visalia City Council
Staff Report
Visalia Administration
707 W. Acequia
Visalia, CA 93291
File #: 26-0055 Agenda Date: 7/20/2026 Agenda #: 16.

Agenda Item Wording:

Award annual contract for landscape and irrigation repair services at various City owned locations - Authorize the City Manager to award a contract to JC Land Management for an annual amount not to exceed amount of $45,000.

Agenda Date: 07/20/2026
Prepared by: Zach Huff, Urban Forestry Supervisor; [email protected]; 559-713-4295; Ivan Nicar, Parks and Facilities Manager 559-713-4564; [email protected]; Jason Glick, Parks and Recreation Director 559-713-4042; [email protected].

Department Recommendation: Staff recommends that the City Council authorize the award of an annual contract for landscape and irrigation repair services to JC Land Management, of Kingsburg, CA, for an annual amount not to exceed amount of $45,000.

Summary:

The City of Visalia maintains over 217 acres of landscape and lighting district areas, 285 acres of park landscapes, and a 28-mile trail system. To support emergency and ongoing maintenance, the City seeks contractor services for:
• Irrigation system repairs - controllers, valves, piping, wiring, flow sensors, backflow prevention. • Site and amenity repairs - fences, pathways, drinking fountains, benches, gates, bollards, signage.
• Landscape repairs - turf, planters, trees, shrubs, irrigation components.

All work will be performed as directed by the City Representative, and contractors must be experienced with commonly used irrigation systems, including Toro/Sentinel, Hunter, and Baseline controllers, as well as battery-operated controllers.

Background Discussion:

On April 8 and 15, 2026, the City solicited bids by advertising in the Visalia Times-Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting vendors to participate in this bidding process.

On May 7, 2026, the City received bids from three (3) vendors. Staff has reviewed the bid for calculation errors and conformance with specifications outlined in the RFB. The total bid amount requested is for hourly rates on five categories. These categories are summed to determine the low bidder. The amount shown in the table is not the hourly rate per person, it is the total of all five categories that could be utilized with the contract.

Visalia City Council Page 1 of 3 Printed on 7/16/2026
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File #: 26-0055 Agenda Date: 7/20/2026 Agenda #: 16.

Bidders Name Location Total Bid Amount (Hourly
Rates Combined)
JC Land Management Kingsburg, CA $325.00
Two Brothers Landscape, Inc. Sanger, CA $435.00
Visalia Landscape and Tree
Company, Inc.

Visalia, CA $595.96
The lowest responsive and responsible bidder is JC Land Management. Staff verified that the contractor’s Department of Industrial Relations (DIR) registration is current, and that its CSLB C-27 (Landscaping) license is active and in good standing. Staff also confirmed that JC Land Management is not listed on the Division of Labor Standards Enforcement (DLSE) debarment list.

JC Land Management has previously performed work for the City of Visalia. In addition, staff contacted the references provided by the contractor and confirmed its qualifications, performance history, and customer satisfaction.

Annual price adjustments upon contract renewal will be based on the Consumer Price Index (CPI). If additional project areas are added during the term of the agreement, the cost of those additions will be determined by applying the contractor’s applicable unit hourly rates to the scope of work associated with the added areas.

The initial agreement term is 12 months, with the option to renew annually for up to four additional one-year terms, subject to satisfactory performance and mutual agreement of both parties.

Fiscal Impact including annual maintenance and operating costs: The services for this contract are budgeted in the Parks Maintenance fund (1622-54024) and Landscape and Lighting Districts fund (2731-55100) and will not need a budget amendment.

Prior Council Action: None
Alternatives: Reject bid and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

I move that the City Council authorize the award of an annual contract for landscape and irrigation repair services at various City-owned locations to JC Land Management in an annual amount not to exceed $45,000, and authorize the appropriate City officials to execute all necessary documents related to this contract.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 07/20/2026
Attachments: Request for Bids (RFB) No. 25-26-29, Annual Contract for Landscape and Irrigation Visalia City Council Page 2 of 3 Printed on 7/16/2026
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File #: 26-0055 Agenda Date: 7/20/2026 Agenda #: 16.

Repair Services; Addendum Nos. 1 and 2; Exhibit D-1; Exhibit D-2; Bid Summary; Exhibit A - Bid Form; and Exhibit B-7 - Ownership Disclosure.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 7/16/2026
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RFB NO. 25-26-29

LANDSCAPE & IRRIGATION REPAIR SERVICES
Page i

CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 25-26-29

ANNUAL CONTRACT FOR

LANDSCAPE & IRRIGATION REPAIR SERVICES

BIDS DUE NO LATER THAN 10:00 AM ON THURSDAY, MAY 7, 2026 The City of Visalia expressly reserves the right to modify or withdraw from the process initiated and described herein. No rights shall be vested in any party, individual, or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract, therefore it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner, and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors, and Subcontractors must be registered with the Department of Industrial Relations.

Advertisement Dates: April 8, 2026
April 15, 2026
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RFB NO. 25-26-29

ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES Page ii

TABLE OF CONTENTS
I. DEFINITIONS.......................................................................................................................... 1 II. INTRODUCTION..................................................................................................................... 1 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ...................................... 1 IV. INSTRUCTIONS ..................................................................................................................... 4 V. SCOPE OF SERVICES/PROJECT ........................................................................................ 6 VI. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................................... 7 VII. BID OPENING AND CONFIDENTIALITY .............................................................................. 8 VIII. AWARD................................................................................................................................... 8 IX. PROTESTS/APPEALS........................................................................................................... 8 X. SPECIAL CONDITIONS ......................................................................................................... 9 XI. GENERAL CONDITIONS ...................................................................................................... 11 XII. POST AWARD RESPONSIBILITIES .................................................................................... 14

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

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Certificate of Non-segregated Facilities
B-3. Non-Collusion Affidavit
B-4. Worker’s Compensation Insurance Certificate
B-5. Anti-Kickback Compliance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Disclosure Form and California Levine Act
B-8. Drug-Free Workplace
B-9. Iran Contracting Act Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D-1. STATE OF CALIFORNIA PREVAILING WAGE RATES
D-2. LABOR COMPLIANCE MANUAL
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

I. DEFINITIONS
For the purposes of RFB NO. 25-26-29, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 25-26-29.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for landscape and irrigation repair services on an as-needed basis throughout the City of Visalia. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

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

Under the requirements of Labor Code section 1782, passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations requirements that apply to this project.

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

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

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

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this contract is considered a public works contract and, therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner. 413
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No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after March 1, 2015, may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with the California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project, and therefore, the CLC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html. ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards' prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with Labor Code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015, each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury. o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in Labor Code section 1776. 414
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

o Inform the City of Visalia of the location of the payroll records kept in compliance with Labor Code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations, including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a).

Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). ❑ As set forth in Labor Code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098, may be employed at the apprentice wage rate on public works. ❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. ❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors 415
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of sections 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. ❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following items are required to be included either in the body of, as attachments to, or addenda to all public work contracts:
❑ As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with Labor Code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes.

General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp IV. INSTRUCTIONS

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

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

3. Timely submit Bid in a sealed envelope addressed and marked as follows:
416
RFB NO. 25-26-29

ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Landscape & Irrigation Repair Services
RFB NO. 25-26-29
Deadline 10:00 am on Thursday, May 7, 2026
Delivery of Bid: When sending a bid via FedEx, UPS, etc., it is the responsibility of the Bidder to ensure that the bid is received during open office hours. Office Hours are 7:30 am – 5:00 pm Monday through Thursday.

We are closed on Fridays and major holidays. Bids are not delivered or received when the office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S.

Mail is not recommended, as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W.

Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are closed. The Night Drop Box is checked prior to the bid deadline.

4. Submit each of the required Certifications, Affidavits, Guarantees, Statements, and Questionnaires, as well as optional waiver(s) to the City with the sealed Bid. City will not consider bids that are not accompanied by the required completed forms.

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

All questions regarding this project are due by Wednesday, April 29, 2026 417
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

V. SCOPE OF SERVICES/PROJECT
Contractor shall furnish all labor, tools, transportation, equipment, permits, and services necessary to perform repair and maintenance work within City-owned landscape areas, including landscaped and lighting districts, open space areas, northeast service areas, and riparian corridors, as directed by the City.

Contractor shall be compensated based on itemized invoices for work performed, including labor, parts, and materials necessary to complete each assigned task. All invoices shall include supporting documentation, including copies of purchase receipts for materials. The City will not accept markups on parts or materials.

Emergency and priority service requests shall require immediate response. Contractor shall be capable of responding within two (2) hours of notification. If Contractor is unable to meet the required response time, the City reserves the right to procure services from another vendor for that specific task.

1. Irrigation System Repairs
Contractor shall perform repair, replacement, and installation of irrigation system components, including but not limited to:
a. Irrigation controllers (including programming and diagnostics) b. Electrical components operating at 120 volts or less c. Irrigation control valves, lateral and mainline piping, and wiring d. Two-wire irrigation systems
e. Flow sensors and master valves
f. Backflow prevention devices and protective enclosures Contractor shall be experienced with commonly used systems, including, but not limited to, Toro/Sentinel, Hunter, and Baseline controllers, as well as battery-operated controllers.

2. Site and Amenity Repairs
Contractor shall perform repair and replacement of site infrastructure and amenities, including but not limited to:
a. Wooden fences (including emergency stabilization and shoring) b. Decomposed granite and natural pathways
c. Drinking fountains
d. Benches
e. Trash receptacles
f. Gates
g. Bollards
h. Signage
All work shall be performed as directed by the City Representative.

3. Landscape Repairs
Contractor shall repair and replace damaged landscape elements, including but not limited to:
a. Turf
b. Planters
c. Trees and shrubs
d. Irrigation components
Work shall be performed as needed and directed by the City Representative.

4. Hourly Rates
Contractor shall provide fully burdened hourly rates for the following service categories:
a. General Landscape Services
b. Incidental Plumbing Services
Hourly rates shall include all labor, supervision, tools, and equipment necessary to perform the work unless otherwise approved by the City.
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5. Regulatory Compliance
All work performed under this contract shall comply with all applicable federal, state, and local laws, regulations, and codes, including applicable safety and building requirements and all City of Visalia standards.

6. Permits and Fees
When required, Contractor shall obtain all necessary permits, including but not limited to building and encroachment permits. Permit costs will be reimbursed by the City when:
a. The cost is pre-approved by the City, and
b. The invoice includes an itemized cost and a copy of the issued permit

7. Site Protection and Public Safety
Contractor shall take all necessary precautions to protect City and private property and ensure public safety during and after work operations. Contractor shall provide and maintain appropriate traffic control, barriers, signage, and safety devices in accordance with applicable regulations.

8. Supervision and Personnel
Contractor shall provide competent supervision for all work performed under this contract. A designated supervisor shall be available and responsible for coordinating all work and responding to City inquiries.

All employees, subcontractors, and their employees shall be considered employees of the Contractor and shall remain under the Contractor’s direction and control at all times. Contractor shall be solely responsible for the performance, conduct, and compliance of all personnel performing work under this contract.

9. Identification and Equipment
All Contractor employees shall wear uniforms or identifiable clothing clearly indicating their employment with the Contractor. All vehicles used under this contract shall display visible company identification.

10. Liability for Damage or Theft
Contractor shall be responsible for any damage to City or private property resulting from the negligent or willful acts or omissions of the Contractor or its employees, agents, or subcontractors.

Contractor shall, at its own expense and to the satisfaction of the City Representative, promptly repair or replace any damaged property.

Contractor shall be liable for any theft or loss of property proven to have been caused by, or made possible through, the acts or negligence of its employees, agents, or subcontractors.

11. Reimbursement for Employee Misconduct
Contractor shall reimburse the City for any costs incurred as a result of illegal, negligent, or inappropriate conduct by Contractor personnel.

Such costs may include, but are not limited to:
a. Re-keying or re-coding of locks
b. Replacement of lost, stolen, or damaged property
c. Cleanup or remediation resulting from employee actions d. The City reserves the right to deduct such costs from any amounts due to the Contractor under this contract.

12. Contractor Licensing Requirements
Contractor shall possess and maintain, throughout the duration of the contract, all licenses required by the State of California to perform the work described in this solicitation.

At a minimum, Contractor shall hold a valid California Contractor’s License in the following classification, as applicable to the work being performed:
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

• C-27 – Landscaping Contractor
Contractor may utilize appropriately licensed subcontractors to perform specialized work; however, the prime Contractor shall remain fully responsible for all work performed under this contract.

All licenses shall be active and in good standing with the California Contractors State License Board (CSLB) at the time of bid submission and throughout the term of the contract.

The City reserves the right to verify licensing status and to reject any bid or terminate any contract if licensing requirements are not met.

VI. PRE-BID AND CONTRACT MEETINGS

1. A Non-Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, April 21, 2026, at 2:00 pm and will be held at 707 W Acequia, Visalia, CA, City Hall. Attendance at this meeting is not required to submit a Bid in response to this RFB. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work, and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of the contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise.

Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Zach Huff
Department: Public Works
VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, May 7, 2026, at 10:00 am at 707 W Acequia, Visalia, CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

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

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

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by 420
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appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

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

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process, and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal, unless the Bidder is notified that more time is required.

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

X. SPECIAL CONDITIONS

1. Project Administrative Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFB.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor, will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order, and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.
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If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes, which are for work within the general scope of the contract, shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by a supplemental agreement that is subject to funding agency approval, as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
c. Omitted Items. The Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by the Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed, or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price. e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris, or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced. f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager.

All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project.

Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents, or employees.
b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures, and safety precautions or programs related to the project. Contractor may designate a superintendent.
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c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities, and the like.
(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make a connection to or draw water from any hydrant or pipeline without first obtaining permission to do so. d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accordance with local, federal, and state requirements. e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day landscaping and irrigation repair practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner. f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts, and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability, or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of the Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by the Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations that apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act and California Health and Safety Codes. Additionally, Contractor shall secure all 423
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necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender, or religion in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

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

2. Post-Closing Date Corrections are prohibited.

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

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

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

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

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

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

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

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

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

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

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained.

Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract. 424
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15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

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

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

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

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

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

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

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors.

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

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the city's Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.
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28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin no later than 15 days from the receipt of the annual contract.

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

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing, a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%.

The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement, the City may terminate the contract, in whole or in part, by written notice.

Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

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

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

XII. POST AWARD RESPONSIBILITIES

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

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
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3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

Upon determination by the City that a contract has been entered into and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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Bidding Firm:_____________________
EXHIBIT “A”

BID FORM
RFB NO. 25-26-29
Project: LANDSCAPING & IRRIGATION REPAIR SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 25-26-29 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the scope of services , Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties, and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

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

Bid Award shall be based on the Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit a portion of the work, as the City deems necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts. 428
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Pricing shall include all labor, supervision, tools, equipment, and incidentals necessary to perform the work described in the Scope of Services. No additional charges for standard tools or equipment will be accepted unless pre-approved by the City.

Item Annual Contract for Landscaping & Irrigation Repair Services per specifications of RFB-25-26-29 Hourly Labor Rate
(unit price)
1 General Landscape Repair Technician (includes irrigation, turf, planting, and general repairs) $_______/per hour
2 Skilled Technician (includes backflow, masonry, fencing, amenities, and specialty repairs) $_______/per hour
3 Licensed Electrician (for minor electrical work ≤120V related to landscape/lighting systems) $_______/per hour
4 Laborer / Helper $_______/per hour
5 Emergency / After-Hours Rate (if applicable) $_______/per hour Total Bid Amount
(Items 1-5)
$___________
By signing below, the Bidder certifies that all required licenses are current, active, and in good standing with the California Contractors State License Board (CSLB), and that all work performed under this contract will be completed by properly licensed individuals or subcontractors in accordance with applicable laws. (1)_______________________________________________________________________________________ Bidding Firm
(2)_____________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)_______________________________________________________________________________________ Business Address City State Zip Code
_________________________________________________________________________________________ Telephone Number Fax Number
_________________________________________________________________________________________ E-mail Address
(4)_______________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name

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

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

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________ EXP. DATE:___________
STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past five (5) years.

REFERENCE 1
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________ REFERENCE 2
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________ REFERENCE 3
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________

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

COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ 431
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BIDDING FIRM:_______________________________

SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
432
RFB NO. 25-26-29

ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

BIDDING FIRM:_______________________________

4. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

5. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

6. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
If more space is needed to list additional subcontractors and trade classifications, please list the remaining subcontractors on a separate sheet of paper (providing all of the requested information for each subcontractor) and submit with the bid.
433
RFB NO. 25-26-29

ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES

Submit with Proposal
EXHIBIT “B-1”

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

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin, or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

Company Name:_________________________________________
Business
Address:___________________________________________________________________________________________ Signature:
_________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal:
434
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ANNUAL CONTRACT FOR LANDSCAPING & IRRIGATION REPAIR SERVICES