Visalia City Council
September 8, 2026

identifying percentages by which downward adjustments in Contractor’s payment will be made. Changes to these tables are shown in red font below. These changes are hereby incorporated into RFB-26-27-03, Landscape Maintenance of Quadrant F and become part of the contract requirements. • When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage.

The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-2 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters/Shrubs
(including utilities clear)
Trees Irrigation
5% 25% 25% 15% 30%
Areas with only Planters:

Area Cost Estimate Trash/Debris Planters/Shrubs
(including utilities clear)
Trees Irrigation
5% 50% 15% 30%
270
Landscape Maintenance of Quadrant F
RFB 26-27-03 Page 2 of 2
ITEM 2: PREVAILING WAGE
The state prevailing wages for this job were checked on July 30, 2026 and there have been no changes. The wages originally published with this RFB remain in effect.

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

Bidding Firm:________________________________ Date:______________ Bidder’s Signature:_________________________________
271
RFB 26-27-03 EXHIBIT D-1

LANDSCAPE MAINTENANCE OF QUADRANT F
Quadrant F 450,242
Total Sq.

Ft.

LL# Turf Sq Ft
Planter Sq
Ft Acreage
1808 Candelas 28,155 0.646
2202 Candelas Ph. 2 9,050 0.208
1404 Deelyna Ranch - Wood Ranch Phases 3 & 4 12,584 0.289 1404 Deelyna Ranch - Wood Ranch Pocket Park 5,914 0.136 0206 Diamond Creek 21,682 8,172 0.685
0326 Eagle Glenn 29,861 59,164 2.044
0711 Magestic Oak Pocket Park 29,900 14,961 1.030
0102 McAuliff Ranch 7,496 10,477 0.413
9205 Montecito/Casablanca 37,450 21,240 1.347
0609 Quail River 105,026 2.411
0711 Souza Magestic Oak #1 26,147 14,940 0.943
1404 Wood Ranch Unit 1 Pocket Park 8,023 0.184
L & L Scope of Work Totals 152,536 297,706 10.336
272
Poin
McAuliff Ranch
Montecieto/
Eagle Glenn
Souza Majestic Oak #1
Diamond Creek
Majestic Oak Pocket Park
Wood Ranch Unit 1
Pocket Park
Quail River

PACKWOOD

CAMERON
EVANS
TULARE IRRI. DIST.

DITCH
Hwy 198
E Noble Ave
E Walnut Ave
S Lovers Lane
S Pinkham St
S Mc Auliff St
E Tulare Ave
Rd 148
S Vista St
Ave 288
Rd 152
E K Ave
S Visalia Pkwy
E Cherry Ave
E Mineral King Ave
S Velie St
S Goddard St
E College Ave
E Howard Ave
E Westcott Ave
E Princeton Ave
E Laura Ct
S Arkle St
E Laurel Ave
E Beech Ct
E Seeger Ave
S Virmargo St
E Meadow Ave
S Simon St
E Mary Ave
S Crumal St
E Paradise Ave
E Harter Ct
E Kaweah Ave
E Hillcrest Dr
E Laura Ave
E Iris Ave
E Myrtle Ave
E Vassar Ct
E Hillcrest Ave
E Feemster Ave
E Iris Ct
S Elverta St
S Laguna St
S Cedar St
E Laurel Ct
S Arroyo St
S Spruce St
E Evergreen Ave
S Maple St
E Myrtle Ct
E Harvard Ave
S Casablanca St
E Kaweah Ct
E Vassar Ave
S Irma St
S Virmargo Ct
S Summit St
E Cypress Ave
E Harvard Ct
E Country Ave
S Lebec St S Manzanita St
E Mary Ave
S Virmargo St
E College Ave
E Westcott Ave
E Country Ave
E College Ave
E Cherry Ave
E Harter Ct
E Feemster Ave
E Harvard Ct
E Paradise Ave E Paradise Ave
E Vassar Ct
Rd 148
E College Ave

PACKWOOD

CAMERON
EVANS
TULARE IRRI. DIST.

DITCH
0 0.3 0.6
Miles
C i t y o f V i s a l i a L & L D i s t r i c t F

±
City of Visalia
District F
Legend
Railroad
Waterways
Parcels
Waterways
basins
Parks
R. Conaway 12/19
1:13,000
Deelyna Ranch -
Wood Ranch
Pocket Park
Candelas
Casablanca
Deelyna Ranch - Wood
Ranch Phases 3&4
Candelas 2
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT F (City of Visalia Bid No. 26-27-03)
This Agreement, entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and Visalia Landscape and Tree Company, Inc. hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is a Corporation with a primary business address of 6837 W. Pershing Avenue, Visalia, CA 93291 and SSN or EIN: 85-4207661; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 26-27-03 (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience 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. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
295
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-26-27-03, Landscape Maintenance of Quadrant F, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 26-27-03

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 26-27-03.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

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

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 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 date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

Total Compensation: Not to exceed $91,577.88 annually, at Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 296
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

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

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

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager
Dated: _______________ By: _________________________________________________ City Attorney
Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
297
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

Attachment 1 – GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

CITY OF VISALIA CONTRACTOR: Visalia Landscape and Tree Company, Inc. 707 W. Acequia Ave. 6837 W. Pershing Ave.

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

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

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

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

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. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
298
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

L. 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.

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N6-22 (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. 299
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

Attachment 2 – INSURANCE REQUIREMENTS

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

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

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

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
300
Landscape Maintenance of Quadrant F
RFB NO. 26-27-03

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages.

Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
301
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0127 Agenda Date: 9/8/2026 Agenda #: 10.

Agenda Item Wording:

Purchase of John Deere 624 P-tier wheel loader - Approve the purchase of a replacement John Deere 624 P-tier wheel loader for the Water Reclamation Facility from Pape Machinery in the amount of $271,615.28.

Agenda Date: 09/08/2026
Prepared by:

Ben Litwack, Public Works Manager, 559-713-4671, [email protected]; Nick Bartsch, Public Works Director, 559-713-4052, [email protected] Department Recommendation: Staff recommends that the City Council authorize the purchase of a replacement John Deere 624 P-tier wheel loader for the Water Reclamation Facility (WRF) from Pape Machinery, Inc. in the amount of $271,615.28 utilizing Sourcewell Cooperative Contract No. 011723-JDC.

Summary:

The Public Works Department is requesting authorization to replace vehicle 238921, a John Deere 624K wheel loader currently used at the Visalia Water Reclamation Facility (WRF). The loader is primarily used for moving, stockpiling, loading, and handling biosolids generated through the wastewater treatment process and is an important piece of equipment for ongoing WRF operations.

Pape Machinery, Inc. has provided a quote for a new John Deere 624 P-Tier Wheel Loader utilizing Sourcewell Cooperative Contract No. 011723-JDC. The total purchase price, including applicable sales tax and tire tax, is $271,615.28.

Funding for the purchase is available in the Wastewater Fund (431) Capital Budget under Equipment Replacement Project EQ0301.

Background Discussion:

The Visalia Water Reclamation Facility utilizes heavy equipment as part of its daily solids handling operations. The current John Deere 624K wheel loader, is used primarily for moving, stockpiling, loading, and otherwise handling biosolids generated at the facility. Reliable access to a wheel loader is necessary to efficiently manage biosolids and support continued WRF operations.

The City's off-road diesel equipment is subject to the California Air Resources Board's In-Use OffRoad Diesel-Fueled Fleets Regulation and is reported through CARB's Diesel Off-Road Online Reporting System (DOORS). CARB compliance is based on the emissions tier, model year, and horsepower of the engines in the City's regulated off-road fleet, rather than simply the age of the equipment.

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File #: 26-0127 Agenda Date: 9/8/2026 Agenda #: 10.

The proposed John Deere 624 P-Tier is equipped with a Final Tier 4 diesel engine. For applicable medium and large fleets, CARB currently requires vehicles being added to an off-road fleet to be equipped with Tier 4 Final or cleaner engines. Accordingly, the proposed loader meets CARB's current requirements for newly added equipment.

Replacing the City's 2012 John Deere 624K with the Tier 4 Final loader also improves the emissions profile used in CARB's fleet-average compliance calculation. Because newer Tier 4 Final engines are assigned substantially lower emissions factors than older engines, replacing the existing loader reduces its contribution to the City's fleet-average emissions index and provides additional compliance margin for older equipment that remains in service. The existing loader is not being replaced because CARB specifically requires its retirement; rather, the vehicle has been determined by Fleet staff to be eligible for replacement and is rated in poor condition. Replacing it at this time with Tier 4 Final equipment allows the City to address an identified equipment replacement need while simultaneously improving its position for continued CARB compliance.

The proposed unit includes a 4.0-cubic-yard pin-on bucket and several options appropriate for its intended use at the WRF, including a debris package, maintenance and service package, auxiliary equipment package, and electrical corrosion prevention package. The quoted unit also includes a rear camera, JDLink telematics, joystick controls, radial tires, and other standard equipment.

Sourcewell cooperative contracts allow participating public agencies to utilize competitively solicited and established contract pricing rather than conducting a separate solicitation for the same equipment. Pape Machinery, Inc. provided the City with pricing for the proposed John Deere 624 Ptier wheel loader under Sourcewell Contract No. 011723-JDC.

Replacement of vehicle 238921 will maintain the WRF's ability to efficiently perform biosolids handling activities while replacing a unit that has reached its scheduled replacement eligibility and has been rated in poor condition by Fleet staff. Vehicle 238921 will be sold at auction once replaced.

Fiscal Impact including annual maintenance and operating costs: The total cost of the John Deere loader, including sales tax, is $271,615.28. Funding for the purchase is available in the Wastewater Fund (431) Capital Budget, Equipment Replacement Project EQ0301. The budget for this project is $381,500. No additional appropriation is requested as part of this action.

The replacement unit will perform the same general functions as the existing loader and is not expected to result in a significant increase in ongoing operating costs beyond normal fuel, preventive maintenance, and equipment repair expenses. Replacement of the existing unit may also reduce repair and maintenance costs associated with continued operation of equipment that has been rated in poor condition.

Prior Council Action: None
Alternatives:

1. Direct staff to continue operating vehicle 238921: This is not recommended because the loader performs an important role in the WRF’s biosolids handling operations, is due for replacement according to the City’s vehicle replacement policy, and has been determined by the Fleet division to be in poor condition. Continued operation will also impact the City’s ability to maintain CARB compliance.

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File #: 26-0127 Agenda Date: 9/8/2026 Agenda #: 10.

2. Direct staff to conduct a separate competitive solicitation: This is not recommended because the Sourcewell contract was established through a competitive public solicitation already and provides the City with an existing cooperative procurement mechanism and established contract pricing.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the purchase of a John Deere 624 P-tier wheel loader from Pape Machinery in the amount of $271,615.28 utilizing the appropriate Sourcewell Cooperative Contract.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 09/08/2026
Attachments:

Quote
Detailed Quote w/ Sourcewell Discount
Sourcewell Contract no. 011723-JDC
Sourcewell Contract no. 011723-JDC Price Sheet
RFP 011723
Vehicle Purchase Authorization
Fleet Evaluation and Maintenance Costs
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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Prepared For

CITY OF VISALIA WASTEWATER

TREATMENT
7579 AVENUE 288
VISALIA, CA 932779435
(559) 713-4465
Prepared By
Joseph St. Angelo
Pape Machinery, Inc.
3000 San Antonio Drive
Fowler, CA 93625
559-647-7199
[email protected]
Quote Id 2353525
Creation Date 08-Jul-2026
Expiration Date 30-Sep-2026
624P
305
Salesperson : X ___________________ Accepted By : X ___________________ Prepared For

CITY OF VISALIA WASTEWATER

TREATMENT
7579 AVENUE 288
VISALIA, CA 932779435
(559) 713-4465
Prepared By
Joseph St. Angelo
Pape Machinery, Inc.
3000 San Antonio Drive
Fowler, CA 93625
559-647-7199
[email protected]
Quote Id 2353525
Creation Date 08-Jul-2026
Expiration Date 30-Sep-2026
Customer Notes
Sourcewell: 011723-JDC
This sale is subject to Papé's Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference.

The Terms and Conditions of Sale are available at www.pape.com/terms, and will also be sent by mail or e-mail to the purchaser upon request.

Quote Summary
Equipment Summary QTY In Group
624 P-Tier Wheel Loader 1
Equipment Total $250,330.21
Quote Summary
Total Selling Price $250,330.21
Sales - (8.5%) $21,278.07
Sub-total $271,608.28
*Tire Tax $7.00
Balance Due $271,615.28
306
Selling Equipment
Quote # 2353525
Customer CITY OF VISALIA WASTEWATER TREATMENT
624 P-Tier Wheel Loader
Equipment Notes - - -
Hours - - -
Serial Number - - -
Stock Number - - -
PUK Parent Serial # - - -
QTY In Group : 1
Equipment Summary
Code Description Qty
6042DW 624 P-Tier Wheel Loader 1
Base / Options
Code Description Qty
0202 United States 1
0259 English 1
0351 Translated Text Labels 1
0400 Standard Loader 1
0451 Standard Z-BAR 1
0613 Level 3 Trim 1
0654 Level 1 Performance 1
0951 Rear Camera (Primary Display) 1
1100 Less Detection System 1
1205 Basic Package Radio 1
1301 Left Side Steps 1
183N JDLink™ 1
1862 Level 2 Fleet Health 1
2201 Less Payload Scale w/ Cycle Counter 1
2261 8 IN (203mm) Touchscreen Display 1
2300 Less Secondary Display 1
4095 John Deere 6.8L - FT4/SV 1
6522 Standard Hitch w/ Pin & Rear Counterweight 1
7026 Joystick Controls 1
7053 Two Function Hydraulics 1
307
5121 No Brand Preference - 20.5R25 L3 1-Star Radial Tires w/ 3 PC Rims 1
5552 Standard Front Fenders 1
7407 Field Bucket Ready: Pins Only 1
7800 Less Bucket 1
7465 Less Cutting Edge, Segments, and Teeth 1
7500 Less Fork Frame 1
7700 Less Tines 1
8501 Debris Package 1
8502 Maintenance and Service Package 1
8508 Auxiliary Equipment Package 1
9709 20.5R25 L3 1-Star Radial Tires w/ 3 PC Rims - No Brand Preference 1
8082 Electrical Corrosion Prevention Package 1
Total Base / Options
Dealer Attachments
Code Description Qty
Rockland 4.0 Yard bucket Pin-on 1
Total Dealer Attachments
Selling Price Subtotal
Total Selling Price
308
Code Description Qy List Price
6042DW 624 P Wheel Loader 1 $346,186.00
Required Items:
183E JD Link 1 0.00
202 United States 1 $0.00
259 English Operator 1 $0.00
351 Translated Tect Labels 1 $0.00
400 Standard Loader 1 $0.00
451 Standard Z Bar 1 $0.00
613 Level 3 Trim 1 $7,936.00
654 Level 1 Performance 1 $0.00
951 Reart Camera 1 $0.00
1100 Less Detection System 1 $0.00
1205 Basic Radio Package 1 $0.00 `
1301 Left Side Steps 1 $0.00
1862 Level 2 Fleet Health 1 $0.00
2201 Less Payload Scale w/ Cycle Counter 1 $126.00
2261 8 in Touchscreen 1 $0.00
2300 Less Secondary Display 1 $0.00
4095 John Deere 6.8L- FT4 1 $0.00
5121 No Brand Preference-20.5R25 L# 1-Star Radial 1 $15,439.00 5552 Standard Front Fenders 1 $0.00
6522 Rear Counterweight & Rear Hitch with Pin 1 $0.00
7026 Joystick Controls 1 $0.00
7053 Two Function Hydraulics 1 $0.00
7407 Field Bucekt Ready: Pins Only 1 $852.00
7465 Less Cutting Edge, Segments, and Teeth 1 $0.00
7500 Less Fork Frame 1 $0.00
7700 Less Tines 1 $0.00
7800 Less Bucket 1 $0.00
8082 Electrical Corrosion Prevention Package 1 $1,541.00 8501 Debris Package 1 $3,529.00
8502 Maintenance and Service Package 1 639*
8508 Auxiliary Equipment Package 1 $1,211.00
9709 20.5R25 L3 1-Star Radial Tires w/ 3 PC Rims - No 1 $0.00 Total Unit Configured List Price $377,459.00

38.00% $ 143,434.42
Customer Base Price $234,024.58
Additional Dealer Costs
Standard Warranty - 12 Mos / Unlimited Hrs In Base Price Factory Freight $9,970.72
PDI & Bucket Install $4,334.91
Delivery $2,000.00
Total Dealer Costs $16,305.63
Total Configured Price $250,330.21
California Tire Tax $7.00
Sales Tax: 8.50% $21,278.07
Total Delivered Price $271,615.28
Less Sourcewell Discount (011723-JDC)
All amounts are displayed in USD
City of Visalia Waste Water
Equipment Quote
7/23/2026
John Deere 624P

309
DATE:

ACCEPTED BY:

Prepard By : Joseph St. Angelo- Pape' Machinery

310
011723-JDC
Rev. 3/2022 1
Solicitation Number: RFP # 011723

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and John Deere Construction Retail Sales a division of John Deere Shared Services LLC, DBA John Deere Construction Retail Sales, 1300 River Drive, Moline, IL 61265 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Heavy Construction Equipment with Related Attachments and Technology from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 







 





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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. The John Deere Warranty Statement describes covered items and services when returning Damaged Equipment and 







 





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Products. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.








 





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A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. 







 





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Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 







 





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B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. Any state that requires a Sourcewell participating addendum with an additional admin fee, we reserve the right to reduce the list price discount to accommodate this additional fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 







 





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Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. 







 





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F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.








 





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a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 







 





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16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.








 





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18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000








 





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5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier. The waiver must apply to all deductibles and/or selfinsured retentions applicable to the required or any other insurance maintained by the Supplier.








 





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E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Intentionally Omitted.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 







 





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Sourcewell John Deere Construction Retail Sales a
division of John Deere Shared Services LLC,
DBA John Deere Construction Retail Sales
By: __________________________ By: __________________________ Jeremy Schwartz Mark Oliver
Title: Chief Procurement Officer Title: Manager Contract Sales Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 







 


 

 




 


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Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 







 





336
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Categor\ or T\pe Offered Comments
71 Wheeled, tracked, and backhoe loaders Yes
No
72 Motor Graders Yes
No
73 Wheeled and tracked excavators Yes
No
74 Bulldozers, compactors, scapers, articulated and
rigid haulers
Yes
No
We do not offer rigid haulers.

Compactors are offered on the
separate Wirtgen contract.
75 Cranes Yes
No
76 Accessories or attachments for the offering in #71-
75 above
Yes
No
We will be offering base coded
attachments at time of whole goods
purchase or separately if needed. AT
kits and BYT kits (third party
attachments) are not part of this
contract.
77 Technology or services for the offering in #71-75
above
Yes
No
-' /ink Telematics, Grade Control,
and Slope Control are examples of
these technology services that are
available as options on certain
products.

Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.

Line Item Categor\ or T\pe Offered Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
Yes
No
We offer 4 wheel loaders that meet
this spec requirement.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
Yes
No
We offer 10 excavators that meet this
spec requirement.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.

Yes
No
We offer 8 motor graders that meet
this spec requirement.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
Yes
No
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.








 





337
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - RFP 011723 Model & Discount Schedule.pdf - Monday January 09, 2023 11:48:21 Financial Strength and Stability - Deere-Co_Annual-Report-2021.pdf - Tuesday November 29, 2022 12:34:40 Marketing Plan/Samples (optional)
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - US CAN deere wty stmt.pdf - Tuesday December 06, 2022 10:27:02 Standard Transaction Document Samples - Sample Sourcewell Quote.pdf - Monday January 09, 2023 11:22:37 Upload Additional Document - Sustainability Report 2021.pdf - Tuesday November 29, 2022 13:01:16 







 





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Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 







 





340
Sourcewell Contract # 011723-JDC| Amendment #1

AMENDMENT #1
TO
CONTRACT # 011723-JDC
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and John Deere Construction Retail Sales a division of John Deere Shared Services LLC, DBA John Deere Construction Retail Sales now known as John Deere Construction Retail Sales, a division of John Deere Shared Services LLC (Supplier).

Sourcewell awarded a contract (011723-JDC) to Supplier to provide Heavy Construction Equipment with Related Attachments and Technology to Sourcewell and its Participating Entities, effective April 5, 2023, through April 14, 2027 (Contract).

Supplier wishes to change the name of the Contract holder to “John Deere Construction Retail Sales, a division of John Deere Shared Services LLC” as noted in its Proposal.

Except as amended, the Contract remains in full force and effect.

Sourcewell John Deere Construction Retail Sales, a division of John Deere Shared Services LLC, formerly
known as John Deere Construction Retail Sales a
division of John Deere Shared Services LLC, DBA
John Deere Construction Retail Sales
By: By:

Jeremy Schwartz Brooke DeVol
Chief Procurement Officer Account Manager, Govt Contracts & Sales Date: Date:










  
 


 


 

 



341
Sourcewell Contract # 011723-JDC| Amendment #2

AMENDMENT #2
TO
CONTRACT # 011723-JDC
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and John Deere Construction Retail Sales, a division of John Deere Shared Services LLC (Supplier).

Sourcewell awarded a contract (011723-JDC) to Supplier to provide Heavy Construction Equipment with Related Attachments and Technology to Sourcewell and its Participating Entities, effective April 5, 2023, through April 14, 2027 (Contract).

Supplier wishes to change the name of the Contract holder to “John Deere Shared Services LLC.” Except as amended, the Contract remains in full force and effect.

Sourcewell John Deere Shared Services LLC
By: By:

Jeremy Schwartz Jeffrey Averill
Chief Procurement Officer John Deere General Sales Manager Date: Date:
 #"

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Public
Sourcewell Contract 011723-JDC
John Deere Shared Services LLC
List Price Discounts
Note: Discounts will be calculated based on current pricing at the time an agency requests the quote and will be valid for 30 days.

Please contact your local dealer for a contract quote: https://dealerlocator.deere.com/servlet/ Product Family Model List Price Discount
Articulated Dump Trucks 260 P-Tier 28%
Articulated Dump Trucks 310 P-Tier 28%
Articulated Dump Trucks 410 P-Tier 28%
Articulated Dump Trucks 460 P-Tier 28%
Product Family Model List Price Discount
Backhoes 310 G-Tier 43%
Backhoes 310 P-Tier 43%
Backhoes 320 P-Tier 43%
Backhoes 410 P-Tier 41%
Backhoes 710 P-Tier 43%
Product Family Model List Price Discount
Compact Track Loaders 317G 30%
Compact Track Loaders 317 P-Tier 24%
Compact Track Loaders 325G 30%
Compact Track Loaders 325 P-Tier 24%
Compact Track Loaders 331 P-Tier 30%
Compact Track Loaders 333G 30%
Compact Track Loaders 333 P-Tier 30%
Compact Track Loaders 335 P-Tier 30%
Product Family Model List Price Discount
Dozers 450 P-Tier 27%
Dozers 550 P-Tier 27%
343
Public
Dozers 650 P-Tier 28%
Dozers 700L 25%
Dozers 700 P-Tier 25%
Dozers 750L 25%
Dozers 750 P-Tier 25%
Dozers 850L 26%
Dozers 850 P-Tier 26.5%
Dozers 850 X-Tier 26.5%
Dozers 950K 33%
Dozers 950 P-Tier 27%
Dozers 1050K 33%
Dozers 1050 P-Tier 27%
Product Family Model List Price Discount
Crawler Loaders 655 P-Tier 28%
Crawler Loaders 755 P-Tier 28%
Product Family Model List Price Discount
Excavators 75 P-Tier 32.5%
Excavators 85 P-Tier 33%
Excavators 130 P-Tier 32.5%
Excavators 135 P-Tier 32.5%
Excavators 160 P-Tier 32.5%
Excavators 190GW 43%
Excavators 200 G-Tier 32.5%
Excavators 210 P-Tier (04E0FF) 32.5%
Excavators 210 P-Tier DEX (04E2FF) 30.5%
Excavators 230 P-Tier DEX 30.5%
Excavators 245 P-Tier 32.5%
Excavators 250 P-Tier 32.5%
Excavators 260 P-Tier DEX 30.5%
344
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Excavators 300 P-Tier 32.5%
Excavators 345 P-Tier 32.5%
Excavators 350 P-Tier 32.5%
Excavators 380 P-Tier 32.5%
Excavators 470 P-Tier 32%
Excavators 510 P-Tier 32%
Excavators 670 P-Tier 32.5%
Excavators 870 P-Tier 32.5%
Product Family Model List Price Discount
Compact Excavators 17 P-Tier (0110FF) 27%
Compact Excavators 17 P-Tier (02A0T) 22%
Compact Excavators 26 P-Tier (0130FF) 27%
Compact Excavators 26 P-Tier (02B0T) 22%
Compact Excavators 30 P-Tier 27%
Compact Excavators 35 P-Tier 27%
Compact Excavators 50 P-Tier 27%
Compact Excavators 60 P-Tier 27%
Product Family Model List Price Discount
Tractor Loader 210 G-Tier 39%
Tractor Loader 210 P-Tier 39%
Product Family Model List Price Discount
Motor Graders 620G 41%
Motor Graders 620 G-Tier 39%
Motor Graders 620 P-Tier 39%
Motor Graders 622G 41%
Motor Graders 622 G-Tier 39%
Motor Graders 622 P-Tier 39%
Motor Graders 670G 42%
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Motor Graders 670 G-Tier 39%
Motor Graders 670 P-Tier 39%
Motor Graders 672G 42%
Motor Graders 672 G-Tier 39%
Motor Graders 672 P-Tier 38%
Motor Graders 770G 43%
Motor Graders 770 G-Tier 39%
Motor Graders 770 P-Tier 41%
Motor Graders 772G 43%
Motor Graders 772 G-Tier 39%
Motor Graders 772 P-Tier 41%
Motor Graders 870G 43%
Motor Graders 870 P-Tier 40%
Motor Graders 872G 43%
Motor Graders 872 P-Tier 41%
Product Family Model List Price Discount
Skid Steers 316 P-Tier 24%
Skid Steers 318G 30%
Skid Steers 318 P-Tier 24%
Skid Steers 320G 30%
Skid Steers 320 P-Tier 24%
Skid Steers 324G 30%
Skid Steers 324 P-Tier 24%
Skid Steers 330G 30%
Skid Steers 330 P-Tier 30%
Skid Steers 334 P-Tier 30%
Product Family Model List Price Discount
Wheel Loaders 444 G-Tier 36%
Wheel Loaders 444 P-Tier 38%
Wheel Loaders 524 P-Tier 39%
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Wheel Loaders 544 G-Tier 36%
Wheel Loaders 544 P-Tier 39%
Wheel Loaders 624 P-Tier 38%
Wheel Loaders 644 G-Tier 33%
Wheel Loaders 644 P-Tier (6051DW) 34%
Wheel Loaders 644 P-Tier (6052DW) 30%
Wheel Loaders 644 X-Tier 37%
Wheel Loaders 724 P-Tier (6071DW) 35%
Wheel Loaders 724 P-Tier (6072DW) 31%
Wheel Loaders 744 P-Tier 32%
Wheel Loaders 744 X-Tier 32%
Wheel Loaders 824 P-Tier 32%
Wheel Loaders 824 X-Tier 32%
Wheel Loaders 844 P-Tier 32%
Wheel Loaders 844 X-Tier 32%
Wheel Loaders 904 P-Tier 32%
Wheel Loaders 904 X-Tier 32%
Wheel Loaders 944 X-Tier 35%
Product Family Model List Price Discount
Compact Wheel Loaders 184 G-Tier 26%
Compact Wheel Loaders 204 G-Tier 26%
Compact Wheel Loaders 244 P-Tier 26%
Compact Wheel Loaders 304 G-Tier 26%
Compact Wheel Loaders 324 P-Tier 26%
Compact Wheel Loaders 344 P-Tier 26%
Product Family Model List Price Discount
Compact Tele Lift Loader 326 P-Tier 26%
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Product Family Model List Price Discount
Scraper 3812 Gooseneck 25%
Product Family Model List Price Discount
Forestry Excavators 2154G 37%
Forestry Excavators 2654G 42%
Forestry Excavators 3154G 36%
Forestry Excavators 3754G 40%
Product Family Model List Price Discount
Crawler Log Loaders 2156G 38%
Crawler Log Loaders 2656G 38%
Crawler Log Loaders 2956G 37%
Crawler Log Loaders 3156G 37%
Crawler Log Loaders 3756G 33%
Product Family Model List Price Discount
Wheeled Feller Bunchers 643L-II 34%
Wheeled Feller Bunchers 843L-II 32%
Product Family Model List Price Discount
Tracked Feller Bunchers 803M 30%
Tracked Feller Bunchers 853M 33%
Tracked Feller Bunchers 859M 31%
Tracked Feller Bunchers 903M 31%
Tracked Feller Bunchers 953M 30%
Tracked Feller Bunchers 959M 30%
Product Family Model List Price Discount
Skidders 640L II 30%
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Skidders 648L II 30%
Skidders 748L II 29%
Skidders 768L II 29%
Skidders 848L II 28%
Skidders 948L II 29%
Product Family Model List Price Discount
Knuckleboom Loaders 337E 31%
Knuckleboom Loaders 437E 34%
Product Family Model List Price Discount
Wheeled Harvesters 1070G 36%
Wheeled Harvesters 1170G 34%
Wheeled Harvesters 1270G 39%
Wheeled Harvesters 1470G 37%
Product Family Model List Price Discount
Tracked Harvesters 803MH 31%
Tracked Harvesters 853MH 32%
Tracked Harvesters 859MH 31%
Tracked Harvesters 953MH 30%
Tracked Harvesters 959MH 30%
Tracked Harvesters 959ML 30%
Product Family Model List Price Discount
Forwarders 1110G 36%
Forwarders 1210G 34%
Forwarders 1510G 39%
Forwarders 1610G 23%
Forwarders 1910G 39%
Forwarders 2010H 23%
Forwarders 2510H 23%
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Product Family Model List Price Discount
Base Coded Attachments Various 14%
Additional Volume Discounts if Ordered on One Purchase Order CE Volume Discount:

Quantity Additional Volume Discount
5-7 Machines 1%
8-14 Machines 2%
15+ Machines 3%
CCE Volume Discount:

Quantity Additional Volume Discount
8-14 Machines 1%
15+ Machines 3%
For Contract questions, contact:

Brooke L. DeVol
Contract Administrator
John Deere Construction Retail Sales
309-207-0431
[email protected]
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RFP #011723

REQUEST FOR PROPOSALS
for
Heavy Construction Equipment with Related Attachments and Technology Proposal Due Date: January 17, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Heavy Construction Equipment with Related Attachments and Technology to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than January 17, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered.

SOLICITATION SCHEDULE
Public Notice of RFP Published: November 15, 2022
Pre-proposal Conference: December 6, 2022, 10:00 a.m., Central Time Question Submission Deadline: January 9, 2023, 4:30 p.m., Central Time Proposal Due Date: January 17, 2023, 4:30 p.m., Central Time Late responses will not be considered.

Opening: January 17, 2023, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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I. ABOUT SOURCEWELL
A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.

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entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations:

Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. 353
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Heavy Construction Equipment with Related Attachments and Technology, including, but not to limited to, the following types of heavy construction equipment:
a. Wheeled, tracked, and backhoe loaders;
b. Motor graders;
c. Wheeled and tracked excavators;
d. Bulldozers, compactors, scrapers, articulated and rigid haulers; and, e. Cranes.

Proposers may include related equipment, accessories, attachments, technology, and services, to the extent these solutions are ancillary or complementary to the equipment, products, or services being proposed.

2. A Proposal must include at least one of the following four equipment types to be considered within scope of this solicitation. For purposes of Section II. B. 2. and its subsections, the term “published” means information that is readily available within the proposer’s printed literature or website and the proposer has verified the accuracy of the information:
a. A wheel loader with published net horsepower (HP) of at least 300 HP; b. A wheeled or tracked excavator with a published net horsepower of at least 150 HP; c. A motor grader with a published maximum operating weight of at least 30,000 lbs; or, d. A rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting capacity of at least 300 tons and a published maximum boom length of at least 150 feet.

3. The primary focus of this solicitation is on Heavy Construction Equipment with Related Attachments and Technology. This solicitation should NOT be construed to include:
a. Construction services; and,
b. Equipment accessory, attachment, and supply only solutions.

4. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below:
a. Equipment Rental with Related Services (RFP #062320); b. Forklifts and Lift Trucks with Related Services (RFP #091520); 354
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c. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (RFP #031121);
d. Roadway Maintenance Equipment (RFP #080521);
e. Public Utility Equipment with Related Accessories and Supplies (RFP #110421); f. Roadway Paving Equipment (RFP #060122);
g. Medium Construction Equipment with Related Accessories, Attachments, and Supplies (RFP #TBD); and,
h. Portable Construction Equipment with Related Accessories and Attachments (RFP #TBD).

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. Proposers may also include used 355
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equipment, attachments, or accessories, to the extent that the offering of used equipment, attachments, accessories, is ancillary or complementary to an offering of new, current model equipment and products.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one-year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $950 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.

3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.

4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products. 356
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5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS
All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, 357
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products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the 358
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Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. 359
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In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
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To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.

Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
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Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; 362
Rev. 3/2022 Sourcewell RFP #011723
Heavy Construction Equipment with Related Attachments and Technology

• Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 363
12/15/2022
Addendum No. 1
Solicitation Number: RFP 011723
Solicitation Name: Heavy Construction Equipment with Related Attachments and Technology
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Is a proposer required to have a CAGE or Unique Entity Identifier (SAM) code? Answer 1:

A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated based on the criteria as stated in the RFP.

Refer to the General Instructions above Questionnaire Table 1. Respond “N/A” if a question does not apply (preferably with an explanation).

End of Addendum
Acknowledgement of this Addendum to RFP 011723 posted to the Sourcewell Procurement Portal on 12/15/2022, is required at the time of proposal submittal. 364
12/21/2022
Addendum No. 2
Solicitation Number: RFP 011723
Solicitation Name: Heavy Construction Equipment with Related Attachments and Technology
Consider the following amendment to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

RFP Amendment:

As the result of the publication of two RFPs included in the equipment, products, or services of this solicitation, RFP Subsections II. B. 4. g - h. are revised to remove the (RFP #####) placeholders, update the RFP title of RFP Subsection II. B. 4. g., and insert the actual RFP numbers, to read as follows:
* * * *
g. Medium Duty and Compact Construction Equipment with Related Attachments (RFP #020223); and,
h. Portable Construction Equipment with Related Accessories and Attachments (RFP #020923).
* * * *
The remainder of the RFP content remains unchanged.

End of Addendum
Acknowledgement of this Addendum to RFP 011723 posted to the Sourcewell Procurement Portal on 12/21/2022, is required at the time of proposal submittal. 365
12/29/2022
Addendum No. 3
Solicitation Number: RFP 011723
Solicitation Name: Heavy Construction Equipment with Related Attachments and Technology
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

What information does Sourcewell require, if any, on a quote provided by an awarded supplier to a participating entity?
Answer 1:

Refer to Section 6. A. – Orders and Payment, of the Sourcewell contract template. “…order flow and procedure will be developed jointly between Sourcewell and Supplier.

Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller.”
Question 2:

How does Sourcewell track what is sold on the contract for administrative fee verification from an awarded supplier?
Answer 2:

Refer to Section 8. A. – Contract Sales Activity Report, of the Sourcewell contract template. “Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract.

Refer also to Section 8. B. – Administrative Fee, of the Sourcewell contract template. “Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.”
366
End of Addendum
Acknowledgement of this Addendum to RFP 011723 posted to the Sourcewell Procurement Portal on 12/29/2022, is required at the time of proposal submittal. 367
01/6/2023
Addendum No. 4
Solicitation Number: RFP 011723
Solicitation Name: Heavy Construction Equipment with Related Attachments and Technology
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Is there a dollar amount limit for non-contract, sourced, or open market items that can be included in a proposal? Are they also subject to the administrative fee? Answer 1:

Sourcewell has not set a specific dollar limit for non-contract, sourced, or open market items. However, to be considered for a contract award a proposer’s primary offering of equipment, products, or services must be within scope of RFP Section II. B. – Requested Equipment, Products, or Services.

Refer to RFP Section III. B. – Administrative Fees and Section 8. B. – Administrative Fee of the Sourcewell contract template for additional information regarding administrative fees. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry.

Question 2:

Can you elaborate more and/or give an example on what you are looking for in the question below from Table 10, Line Item 55 from the proposal questionnaire? Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response.
368
Answer 2:

It is left to the discretion of each proposer to determine the content and format of the data and documentation that best represents their proposal. Sourcewell will consider the relevant information submitted in each proposal and apply the evaluation criteria as set forth in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 011723 posted to the Sourcewell Procurement Portal on 01/6/2023, is required at the time of proposal submittal. 369
01/10/2023
Addendum No. 5
Solicitation Number: RFP 011723
Solicitation Name: Heavy Construction Equipment with Related Attachments and Technology
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Regarding Line Item 17 of the proposer questionnaire, are there any specific licenses or certifications that you are looking for?
Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their ability to serve Sourcewell participating entities.

Proposals are evaluated based on the criteria stated in the RFP.

Question 2:

Regarding Line Items 24 & 25 of the proposer questionnaire, if we don't do any direct business with eligible Sourcewell participants, government, education or non-profit customers are the references required?
Answer 2:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their financial viability and marketplace success.

Proposals are evaluated based on the criteria stated in the RFP.

End of Addendum
Acknowledgement of this Addendum to RFP 011723 posted to the Sourcewell Procurement Portal on 01/10/2023, is required at the time of proposal submittal. 370
371
Rating
1-10
Rating
1-5
Specialty Vehicle yes no
Overall Evaluation:

Fleet Recommendation:
comsumes oil (about 3 qts/wk). Most likely engine blow-by. No pre cleaner to air intake whch also suggests the engine has sucked dirt and dust its entire useful life. Also contributing to blow-by.

John Deere
5 4
5 2012
Vehicle Description:

Year: Mileage \ Hours: Completed By: (Print Name & Initial) Vehicle #: Make:
624K
Model:
238921
9 N/A
10 Possible EGR leak. No visual signs of leaking. Hoses and lines show rust and deterioration. Hoses 8,690 S.Ellis
8 ENGINE: Engine is consuming coolant (about 1 gal/wk)No visual signs of leaking. Possible EGR cooler leak, or possible head gasket leaking.Has minor seepage leaks on valve cover. Engine 5 46
Transmission/Differential:

Hydrostatic drive. Has minor seepage. Based on hours of use clutches will be worn and working on barrowed time. Final drives at front wheels show weeping. Drivers need to maintain level of fluid.

Power Take Off:

Total Scoring Key:

Chassis Outside: (including tires, brakes & windows)
Multiple pins and bushing showing excessive wear on boom and bucket. Bucket has excessive wear All pins and bushing to both cylinders are worn and have play, creating a lot of steering lash in the steering system. Hydraulic system for steering and boom are connected. Pump is getting worn on bottom and cutting edges. Tires need replacing. Has some broken lighting. Metal body panels Suspension System:

The only suspension to this loader is the seat suspension. It is currently inoperable. Needs complete seating replaced for proper operation.
are beginning to show signs of weathering.

Steering System:

Fleet recomends replacing this loader due to the cost to improve the quality of this Vehicle Interior:

Dash is cracked and worn. Seating suspension inop. Cab windows and roof leak due to Cooling System:
have some rust and are deteriorating. Various electrical looms deteriorating due to environment. due to environment. Hyd oil cooler has failed once already and been replaced.

Maintenance costs are not accurate due to the treatment plant maintaining this piece of equipment.

Heavy Eqipment: 0-15=Excellent, 16-30=Good, 31-45=Fair, 46-60=Poor Light Eqipment: 0-11=Excellent, 12-25=Good, 26-37=Fair, 38-50=Poor it would take to complete the tasks outwieghs replacement. paneling, perform a preventative engine rebuild with hydraulic system overhaul combined with the downtime Vehicle Evaluation Form
Rating Guide: (1-10) 1=Excellent to 10=Unservicable; (1-5) 1=Excellent to 5= Unservicable environment. Arm rests broken down and no longer are cusioned Component: (Comments)
Component: (Comments)
piece of equipment. To replace all pins and bushings, reseal the cab, replace all deteriorating body 372
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0138 Agenda Date: 9/8/2026 Agenda #: 11.

Agenda Item Wording:

Purchase of John Deere 5130ML tractor and attachments - Approve the purchase of one John Deere 5130ML Cab Low-Profile Utility Tractor with hydraulic disc and flail mower attachments from Lawrence Tractor Co. in the amount of $163,688.94 and approve a transfer of funds within the Wastewater Fund.

Agenda Date: 09/08/2026
Prepared by:

Ben Litwack, Public Works Manager, 559-713-4671, [email protected] Nick Bartsch, Public Wors Director, 559-713-4052, [email protected] Department Recommendation: Staff recommends that the City Council authorize the purchase of one John Deere 5130ML Cab Low-Profile Utility Tractor with a T.G. Schmeiser hydraulic disc and a Rears Manufacturing flail mower in the amount of $163,688.94 and approve a transfer of funds within the Wastewater Fund.

Summary:

Approval of this item will allow the Public Works Department to purchase a new tractor and attachments to support weed abatement and grounds maintenance operations at the Visalia Water Reclamation Facility (WRF) and the City's groundwater recharge basins.

The tractor will be equipped with a hydraulic disc and flail mower, providing staff with the equipment necessary to maintain basin interiors, berms, perimeter areas, and other City-owned treatment and recharge facilities. The purchase will increase the City's in-house maintenance capabilities, improve operational efficiency, and allow staff to respond more effectively to changing vegetation and facility maintenance needs.

The total purchase price, including sales tax, is $163,688.94. Capital Improvement Project EQ0314 currently includes $150,400 for the purchase. Staff is requesting a transfer of $13,288.94 from EQ0301 to EQ0314 within the Wastewater Fund (431) to provide the additional funding necessary to complete the purchase.

Background Discussion:

The City owns and operates the Visalia Water Reclamation Facility and multiple groundwater recharge basins that require ongoing vegetation management and weed abatement. Maintenance activities include mowing and discing basin interiors, berms, perimeter areas, and other undeveloped portions of City-owned wastewater treatment and groundwater recharge properties.

Providing staff with a dedicated tractor and appropriate attachments will improve the City's ability to Visalia City Council Page 1 of 3 Printed on 9/1/2026
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File #: 26-0138 Agenda Date: 9/8/2026 Agenda #: 11.
perform these activities efficiently and based on operational needs. The equipment will allow staff to respond to changing vegetation conditions, fire prevention needs, facility access requirements, and routine maintenance schedules at both wastewater and groundwater recharge facilities.

Capital Improvement Project EQ0314 was established for the purchase of a tractor and associated attachments for these operations. The project was programmed as a multi-funded purchase totaling $150,400, with $75,200 from the Wastewater Fund (431) and $75,200 from the Water Recharge Fund (224).

Staff obtained a quote for a John Deere 5130ML Cab Low-Profile Utility Tractor and related equipment. The proposed equipment package includes:

John Deere 5130ML Cab Low-Profile Utility Tractor - $115,531.03 T.G. Schmeiser PTH-20-26 Hydraulic Disc - $21,449.40
Rears Manufacturing 600-Series Flail Mower - $13,878.50 The equipment subtotal is $150,865.93. Sales tax at 8.5% is $12,823.01, resulting in a total purchase price of $163,688.94.

The John Deere tractor is being purchased utilizing Sourcewell Cooperative Purchasing Contract No. 082923-DAC for agricultural tractors with related attachments, accessories, and supplies. Sourcewell competitively solicited the contract through RFP No. 082923 and awarded the contract to Deere & Company. Sourcewell cooperative purchasing contracts are available for use by eligible municipal and other public agencies. This type of procurement method is approved in the City Purchasing Policy.

Under the applicable Sourcewell price schedule, John Deere 5000 Series M and ML tractors receive a 22% discount from manufacturer list price. The proposed 5130ML tractor reflects this contract discount.

The T.G. Schmeiser hydraulic disc and Rears Manufacturing flail mower are compatible third-party attachments being supplied through Lawrence Tractor Co., Inc. and are identified as open-market items on the equipment quote. These attachments were selected to provide the capabilities necessary for the City's intended weed abatement and vegetation management operations.

The 5130ML is a low-profile utility tractor suitable for the varied terrain and operating conditions found at the WRF and groundwater recharge facilities. The combination of a flail mower and hydraulic disc will allow staff to address both routine mowing and more intensive vegetation and soil management activities.

Approval of the purchase will provide Public Works staff with dedicated equipment capable of supporting both wastewater and groundwater recharge operations and improve the City's ability to perform routine vegetation management and facility maintenance activities in a timely manner.

Fiscal Impact including annual maintenance and operating costs: The total cost for the tractor, attachments, and sales tax is $163,688.94. Funding for this purchase is budgeted in Capital Improvement Project EQ0314, which consists of $75,200 from the Wastewater Fund (431) and $75,200 from the Water Recharge Fund (224) for a total of $150,400. To cover the total purchase Visalia City Council Page 2 of 3 Printed on 9/1/2026
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File #: 26-0138 Agenda Date: 9/8/2026 Agenda #: 11.
price, an additional $13,288.94 will need to be transferred within the Wastewater Fund from EQ0301 to EQ0314.

Future operating costs will consist primarily of routine fuel, preventative maintenance, and equipment repairs and will be incorporated into the applicable operating budgets.

Prior Council Action: N/A
Alternatives: The City Council could elect not to approve the purchase. Staff would continue to rely more heavily on contracted services and existing equipment for vegetation management and weed abatement activities at the WRF and groundwater recharge basins.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the purchase one John Deere 5130ML Cab Low-Profile Utility Tractor with a T.G.

Schmeiser hydraulic disc and a Rears Manufacturing flail mower in the amount of $163,688.94 and approve a transfer of funds as outlined in the report.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 09/08/2026
Attachments:

John Deere 5130M Quote
Contract 082923
Contract 082923 Price Information
RFP 082923
Vehicle Purchase Authorization
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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Public
Price Schedule: Sourcewell RFP # 082923
Product Description Discount off
MSRP
Compact Utility Tractors 18%
Equipment for Compact Utility Tractors 18%
Ag Tractors 5050E, 5060E, 5067E, 5075E 14%
Ag Tractors 5090E, 5090EL, 5100E 19%
Ag Tractors 5000Ms, ENs, GLs, GNs, GVs, MHs, MLs 22%
Ag Equipment 6000 Series Tractors 24%
Ag Equipment 7000-9000 Series Tractor 24%
Ag Equipment – Combine 22%
Ag Equipment – Cotton 22%
Ag Equipment – Hay and Forage 22%
Ag Equipment – Tillage 22%
Ag Equipment – Planting and Seeding 22%
Ag Equipment – Sprayers 22%
Ag Equipment – Material Handling, Cutters, and Shredders 24% Ag Equipment – Ag Management Solutions (AMS)
Same As
Tractors
Discount
4% If
Purchased w/o
Tractor
Frontier Cutting & Mowing 18%
418
Public
Frontier Hay & Forage 18%
Frontier Landscape 18%
Frontier Livestock 18%
Frontier Material Handling 18%
Frontier Planting & Seeding 18%
Frontier Snow Equipment 18%
Frontier Sprayers 18%
Frontier Tillage 18%
Discounts listed are off John Deere's list price. List price can be found on www.deere.com by utilizing "Build & Price" and building the desired machine.

Note: Discounts will be calculated based on current pricing at the time an agency requests the quote and will be valid for 30 days.

Note: John Deere dealers have the option to charge $8.00 per loaded mile to deliver the equipment to the end-user. Mileages will be calculated using Google Maps.

Note: Agencies may utilize www.deere.com to obtain the most current information regarding John Deere dealership locations. Select "Find A Dealer" at the top of the page to locate the nearest dealer.
419
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

RFP #082923

REQUEST FOR PROPOSALS
for
Ag Tractors with Related Attachments, Accessories, and Supplies Proposal Due Date: August 29, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewellmn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 29, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered.

SOLICITATION SCHEDULE
Public Notice of RFP Published: July 11, 2023
Pre-proposal Conference: August 2, 2023, 10:00 a.m., Central Time Question Submission Deadline: August 21, 2023, 4:30 p.m., Central Time Proposal Due Date: August 29, 2023, 4:30 p.m., Central Time Late responses will not be considered.

Opening: August 29, 2023, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
420
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

I. ABOUT SOURCEWELL
A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; 421
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations:

Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
422
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

1. Sourcewell is seeking proposals for Ag Tractors with Related Attachments, Accessories, and Supplies. A Proposer’s offering must include one or more Ag Tractor(s) with a published net PTO horsepower rating of at least 50. A Proposer’s offering may also include related attachments, accessories, and supplies, including but not limited to the following:
a. Combines, chaser grain carts, tillage equipment, sprayers, spreaders, planters, seeders, hay balers, rakes, pallet forks, and forage equipment;
b. Proposers may also include used equipment, attachments, or accessories, to the extent that the offering of used equipment, attachments, accessories, is ancillary or complementary to an offering of new, current model equipment and products; and, c. Proposers may also include related technology, to the extent that the offering of technology solutions is ancillary or complementary to an offering of Ag Tractor(s) as described in Section II. B. 1 above.

2. The primary focus of this solicitation is on Ag Tractors with Related Attachments, Accessories, and Supplies. This solicitation should NOT be construed to include:
a. Agriculture services; and,
b. Attachment, accessory, and/or supply only solutions.

3. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below:
a. Grounds Maintenance Equipment, Attachments, and Accessories with Related Services (RFP #031121);
b. Public Utility Equipment with Related Accessories, and Supplies (RFP #110421); c. Heavy Construction Equipment with Related Accessories, Attachments, and Supplies (RFP #011723);
d. Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #020223); and,
e. Portable Construction Equipment with Related Accessories, and Attachments (RFP #020923).

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all 423
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. PROSPECTIVE CONTRACT TERM
The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one-year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $200 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the 424
Rev. 3/2022 Sourcewell RFP #082923
Ag Tractors with Related Attachments, Accessories, and Supplies

contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.

3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.

4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS
All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price 425
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(MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.
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Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.
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If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. 428
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E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.

Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; 429
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o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
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• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification 431
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citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 432
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0128 Agenda Date: 9/8/2026 Agenda #: 12.

Agenda Item Wording:

Designate City owned property into public right of way - Adopt Resolution 2026-63 designating a portion of City owned property located at the southeast corner of Caldwell Avenue and Ben Maddox Way into the public right of way system.

Agenda Date: 09/08/2026
Prepared by:

Jonathan Frausto, Senior Civil Engineer, (559) 713-4369, [email protected] Jason Huckleberry, Director of Eng and Building, (559) 713-4495, [email protected] Department Recommendation:

Staff recommends that the City Council adopt Resolution 2026-63, designating City owned property located at the southeast corner of Caldwell Avenue and Ben Maddox Way into the public right of way system
Summary:

In March 2024, the City acquired property at the southeast corner of Ben Maddox Way and Caldwell Avenue for a temporary storm drain basin and future street right-of-way associated with the Caldwell Avenue Widening Project. With the project nearing substantial completion, a portion of the completed street improvements is located on City-owned property that must now be formally incorporated into the City’s public right-of-way system.

Background Discussion:

On March 21, 2024, Document No. 24-0012939 was recorded in connection with the Caldwell Avenue Widening Project. The document granted a portion of the property located on the southeast corner of Caldwell Avenue and Ben Maddox Way to the City of Visalia for use as a temporary on-site storm drain basin and, ultimately, portions to be dedicated as public right-of-way for street improvements.

The Caldwell Widening project is nearing substantial completion. However, portions of the improvements along Caldwell Avenue and Ben Maddox Way extend onto City-owned property that has not yet been formally incorporated into the City’s public right-of-way system.

Fiscal Impact including annual maintenance and operating costs:

The approval of this agenda item has no fiscal impact; the area being converted to right of way is owned by the City of Visalia.

Prior Council Action:

October 7, 2024: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

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File #: 26-0128 Agenda Date: 9/8/2026 Agenda #: 12.

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268) June 5, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase properties with authority to pay up to twenty percent above appraised value.

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

I move to adopt Resolution 2026-63, designating a portion of city owned property located at the southeast corner of Caldwell Avenue and Ben Maddox Way into the public right of way system.

Environmental Assessment Status: The environmental assessment has been completed.

CEQA Review: The CEQA review was conducted by the County of Tulare for the Avenue 280 (Caldwell Avenue) Corridor Enhancement project.

Deadline for Action: 09/08/2026
Attachments:

1. Attachment A - Legal Description

2. Attachment B - Exhibit

3. Resolution 2026-63
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 2 of 2 Printed on 9/2/2026
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RESOLUTION NO. 2026 - 63

A RESOLUTION OF THE VISALIA CITY COUNCIL

ACCEPTING A PORTION OF CITY OWNED

PROPERTY INTO THE PUBLIC STREET SYSTEM
WHEREAS, the City of Visalia, State of California, owns real property, intended for a temporary on-site storm drain basin, and other public purposes; located at the southeast corner of Caldwell Avenue and Ben Maddox Way in the City of Visalia; and WHEREAS, the City of Visalia desires to accept a portion of the parcel described in the Grant Deed recoded on 3/21/2024 under Document No. 2024-0012939 into the public street system, with the total size of the portion of land totaling approximately 16,785 square feet; and WHEREAS, said area is more particularly described in Attachment “A” legal description and Attachment “B” a diagram depicting the location of the area being accepted into the public street system as part of the area referred to as Caldwell Avenue and Ben Maddox Way; and WHEREAS, Section 1806(b) of the California Streets and Highways Code states that no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system; and WHEREAS, pursuant to state law requirements, the City Council may by resolution authorize the acceptance of a portion of a public street or road into the public street system.

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City of Visalia, does hereby accept into the public street system the abovedescribed area of City-owned property, totaling approximately 16,785 square feet of the parcel described in the Grant Deed recorded on 3/21/2024 under Document No. 2024-0012939, into the City of Visalia public street system.

PASSED AND ADOPTED: September 8, 2026 LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-63 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 8, 2026.

Dated: September 8, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0141 Agenda Date: 9/8/2026 Agenda #: 13.

Agenda Item Wording:

Contract Award - Authorize the City Manager to execute an appraisal services contract with Real Property Analysts for up to five annual terms for an annual “not to exceed limit” of $40,000.

Agenda Date: 09/08/2026
Prepared by:

Devon Jones, Economic Development Manager, [email protected], (559) 713-4190 Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation: Authorize the City Manager to execute an appraisal services contract with Real Property Analysts for up to five annual terms with a total “not to exceed limit” of $200,000 over the five-year term or $40,000 annually.

Summary:

The prior contracted vendor, Hopper Company, recently closed their business operations as the business owner / main appraiser, Keith Hopper, retired. As a result of the Hopper Company closing their office, staff conducted Request For Proposals (RFP) No. 25-26-59 to identify a new property appraisal vendor. The City received six proposals and after reviewing and evaluating the proposals, staff identified Real Property Analysts (RPA) as the selected firm.

RPA began as a small real estate and insurance company in Fresno in 1917 and added appraisal services in the 1950s. RPA specializes in the appraisal of vacant land, office buildings, industrial and warehouse facilities, apartment complexes, open agricultural land and permanent plantings and residential properties. They also appraise special use properties, such as churches, schools, preschools, ambulatory surgery centers and other unique properties. RPA consists of Tiffany K.V. Mach and Kelly P. Stevens, both are Certified General Real Estate Appraisers with the State of California and have individual designations from the Appraisal Institute. Both have been appraising in the Central Valley for over 30 years each. RPA was selected over the other bidders mainly due to their knowledge of, and proximity to the local market and conditions and their overall proposed approach for providing services to the City. Staff believes RPA is the service provider that will most consistently provide the quality of appraisal services we are currently accustomed to.

Background Discussion:

This contract would be for one year initially and have up to four annual extensions for a total of five years. Services rendered could include:
- Commercial Building Appraisals - The consultant may be requested to prepare and submit appraisal reports for assigned properties, indicating an estimate of fair market value. Reports shall include the collection and analysis of property-specific data for both the subject property and comparable sales. Reports shall also include a description of the comparable sale Visalia City Council Page 1 of 3 Printed on 9/1/2026
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File #: 26-0141 Agenda Date: 9/8/2026 Agenda #: 13.
and comparable sales. Reports shall also include a description of the comparable sale selection process, applicable adjustments, weighting of comparable sales, and the resulting indicated market value.
- Leasehold/Rental Interest Appraisals - The consultant may be requested to prepare and submit appraisal reports indicating the fair lease value of assigned properties where the City may serve as either tenant or landlord.
- Vacant Land Appraisals - The consultant may be requested to prepare and submit appraisal reports indicating the fair market value of vacant land owned by the City or by other parties. - Limited Appraisal Reports - Where appropriate, the City may request limited appraisal reports or “letter” evaluations indicating the fair market value of a parcel, property, or space. - Consulting Services - Following submission of an appraisal assignment, the consultant shall make available the individual responsible for the appraisal report to respond to questions, provide clarifications, and attend meetings as requested by the City. - Easement Valuations - The consultant may be requested to estimate the market value of permanent and/or temporary easements based upon a review and analysis of the area affected, the intended easement use, and the associated property rights. Where appropriate, a “Before and After” appraisal methodology may be utilized to evaluate impacts to the encumbered property. This scope of service may also apply to properties burdened by easements.

Fiscal Impact including annual maintenance and operating costs: No change as individual appraisal service expenses are typically approved based on existing budgets in the various departments and divisions that utilize the service and per approved capital projects where applicable.

Prior Council Action:
· September 6, 2022 - Authorized the City Manager to execute appraisal services contract with Hopper Company for up to five annual terms with total “not to exceed limit” of $200,000.

Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute appraisal services contract with Real Property Analysts for up to five annual terms with a total “not to exceed” amount of $40,000 annually.

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

1. Service contract template
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
☐
Organizational
☒
Fiscal
☐
Infrastructure &
☐
Quality of
Visalia City Council Page 2 of 3 Printed on 9/1/2026
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File #: 26-0141 Agenda Date: 9/8/2026 Agenda #: 13.
☒
Economic
Vitality
☐
Organizational
Excellence
☒
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 9/1/2026
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Annual Contract for Real Estate Appraisal Services

APPRAISAL SERVICES AGREEMENT
This Agreement, entered into this ______ day of ____________, 20__, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ______________________________, hereinafter referred to as the “CONSULTANT”.

WITNESSETH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY desires to enter into an agreement for Appraisal Services as evidenced by advertising Request for Proposal No. 25-26-59; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in RFP No. 25-26-59, 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 the 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 as described in RFP No. 25-26-59, unless the parties agree in writing to modify the Scope of Work as stated in the RFP, for the cost identified in Exhibit “B” - Project Fee.

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

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “B”, 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.

III. COMPENSATION
A. For services performed pursuant to this Agreement, the CITY shall pay CONSULTANT compensation for services as indicated in the Scope of Work; however, CITY shall pay not more than the following 442
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amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONSULTANT to CITY.

Total Compensation: $____________ Not to exceed Consultant’s stated prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Consultant’s itemized invoice.

This amount shall constitute complete compensation, including document production and out-ofpocket expenses for all services for the work and PROJECT identified in Exhibit “A”. 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, Project Fees, and Schedule identified in Exhibit “A” and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

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

B. CONSULTANT: ______________________________ shall represent and act as principal for CONSULTANT in all matters about 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 XXX (XX) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and in 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, 443
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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 the 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 were 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 pre-termination 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 indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

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

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

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

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

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

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

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or 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 445
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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.” XII. 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 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 statutes.

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), and 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. 446
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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.

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.

XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration 447
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of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XIV. MISCELLANEOUS PROVISIONS
A. 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:

CITY OF VISALIA CONSULTANT
707 W. Acequia Ave. ____________________________
Visalia, CA 93291 ____________________________
Attention: City Clerk Attention: __________________
Phone: _____________________
Email: ______________________
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 Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT. 448
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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.

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 as presented in RFP No. 25-26-59 449
Annual Contract for Real Estate Appraisal Services

Exhibit “B”: Consultant Schedule of Fees
450
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0142 Agenda Date: 9/8/2026 Agenda #: 14.

Agenda Item Wording:

Community Services Employment and Training Inc. agreement -Authorization to enter into an agreement between the City of Visalia and the Community Services Employment and Training for the California Violence Intervention and Prevention Grant.

Agenda Date: 09/08/2026
Prepared by: Jason Glick Parks & Recreation Director [email protected] (559)713-4042.

Department Recommendation: Staff recommends that the City Council authorize approval of an agreement with Community Services Employment and Training Inc. (CSET) for the California Violence Intervention and Prevention (CALVIP) grant implementation.

Summary:

On March 16, 2026, the City Council approved Resolution No. 2026-14, authorizing the acceptance of a $2,000,000 subaward from the Board of State and Community Corrections (BSCC) through the California Violence Intervention and Prevention (Cal VIP) Program.

On April 16, 2026, City staff were notified by Cal VIP of its intent to extend the grant term from January 30, 2029, to September 30, 2029. Cal VIP requested that the City adopt an updated resolution reflecting the revised grant end date, which the Council did in Apil 2026.

Throughout the summer of 2026, the City of Visalia has been meeting with Community Services Employment Training (CSET) to discuss the administration and implementation of the Cal VIP grant.

As part of this process, staff will be proposing an agreement with CSET to oversee the day-to-day operations of the Visalia Cal VIP program through the revised grant end date of September 30, 2029.

Background Discussion:

On July 21, 2025, the City Council authorized submission of an application to the California Violence Intervention and Prevention (Cal VIP) Grant. On February 12, 2026, the City was notified that its Cal VIP Cohort 5 proposal was recommended for funding in the full award amount of $2,000,000 over three years. Approval of Resolution No. 2026-14 authorized acceptance of the grant award. The City is now seeking to enter into an agreement with Community Services Employment Training (CSET), which will serve as the third-party grant administrator and support implementation of the program.

The Cal VIP grant program, initially known as Cal GRIP (California Gang Reduction, Intervention & Prevention), was established in 2017 to fund community-based violence reduction initiatives. The program aims to support evidence-based strategies to reduce gun violence in communities disproportionately affected by violence. The State allocated $103 million for this funding cycle (Cohort 5). The purpose of the grant is to disrupt cycles of violence and retaliatory actions in order to lower the rates of homicides, shootings, and aggravated assaults in affected communities. The proposed program will serve 100 youth and families annually over a three-year period, with a focus Visalia City Council Page 1 of 3 Printed on 9/3/2026
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File #: 26-0142 Agenda Date: 9/8/2026 Agenda #: 14.
proposed program will serve 100 youth and families annually over a three-year period, with a focus on individuals and families affected by violence, particularly those experiencing geographic and economic barriers to accessing support and resources in Visalia.

Under the proposed agreement, CSET will serve as the third-party grant administrator, responsible for all reporting, compliance, and fiscal management requirements. In partnership with the City, CSET will support implementation of the initiative through the City’s Recreation Division, leveraging existing recreation programs and special events to effectively reach and engage the target population.

In addition, grant funds managed by CSET will support enrichment activities, recreation programs, family-centered events, and classes delivered by third-party program operators. These opportunities will be designed to strengthen family connections and provide children and teens with positive, constructive opportunities to learn, grow, develop new skills, and engage with their community. The initiative will create safe and welcoming spaces for youth and families while promoting positive relationships and personal development.

By building on existing community infrastructure and partnering with experienced program providers, the initiative will expand access to meaningful activities and reduce geographic and economic barriers to participation. The Visalia Police Department may refer at-risk or violence-affected youth to CSET for supportive and intervention services and can also connect resources provided through this grant with at-risk youth participating in the police department’s Police Activities League (PAL).

Fiscal Impact including annual maintenance and operating costs: The total grant award is $2,000,000 over a three-year period. CSET’s budget to perform the activities in the scope of works in $1,906,983. Annual staff costs associated with program administration and oversight, which will be reimbursed through the grant for a total amount of $93,017. A revised budget was submitted to the grant agency, California Board of State and Community Corrections (BSCC) on 8/26/2026. At the end of the grant period, a program audit is required and CSET has allocated the maximum allowed of $25,000 for this purpose. Funds were appropriated on the Council action of 3/16/2026 and CIP 1010/CP0809 was established. The grant is effective from April 1, 2026, to September 30, 2029.

Prior Council Action: On April 16, 2026, City Council approved Resolution 2026-14 extending the Cal VIP grant term from January 30, 2029, to September 30, 2029.

Alternatives: Not accept the grant award.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into an agreement between the City of Visalia and the Community Services Employment and Training for the California Violence Intervention and Prevention Grant Implementation.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 09/08/2026
Visalia City Council Page 2 of 3 Printed on 9/3/2026
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File #: 26-0142 Agenda Date: 9/8/2026 Agenda #: 14.

Attachments: CSET Agreement
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 9/3/2026
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1 CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT

IMPLEMENTATION AGREEMENT BETWEEN THE CITY OF VISALIA AND COMMUNITY SERVICES EMPLOYMENT AND TRAINING, INC.

THIS AGREEMENT (the “Agreement”) is made this __ day of _______, 2026, (the “Effective Date”) by and between COMMUNITY SERVICES and EMPLOYMENT TRAINING, INC., a private, non-profit community-based organization (hereinafter “CSET”), and the CITY OF VISALIA, a Charter Law city of the State of California (the “City”). The City and CSET may be referred to collectively herein as the “Parties” or individually as a “Party.”

RECITALS
A. These Recitals are a material part of the Agreement and incorporated in the substantive and binding terms of the Agreement as if fully set forth therein.

B. The City, as the California Violence Intervention and Prevention (“CalVIP”) grant recipient from the Board of State and Community Corrections (“BSCC”) grant recipient, agrees to collaborate with CSET in the implementation of the CalVIP Program in accordance with the activities, responsibilities, timelines, and performance measures set forth in this Agreement.

C. The City is the CalVIP Implementing Agency and BSCC grant recipient responsible for fiscal management, grant administration, reporting, and compliance with all BSCC requirements.

D. CSET is the Lead Implementation Partner responsible for day-to-day program operations, participant engagement, service delivery coordination, Violence Reduction Council facilitation, and implementation of the activities described in the Partner Agency Responsibilities and Scope of Work (“Scope of Work”), attached hereto as Exhibit “A” and incorporated herein by this reference. The activities and responsibilities described in the Scope of Work shall hereinafter be referred to as the “Project.”
E. The activities described in this Scope of Work shall be conducted during the CalVIP grant period of April 1, 2026, through September 30, 2029, unless otherwise amended by mutual written agreement of the Parties.

F. CSET shall maintain records sufficient to demonstrate completion of all activities in this Scope of Work and shall provide such records to the City upon request.

G. The Parties shall meet regularly to review progress, address implementation challenges, and ensure compliance with CalVIP and BSCC requirements.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and subject to the terms and conditions hereinafter stated, CSET and City agree as follows:

I. PROJECT DESCRIPTION
A. CSET shall provide gun violence prevention and intervention activities, including formation of a Visalia Violence Reduction Council (“VRC”). CSET will use wholesome 454
2 experiences and compassionate case management to attract youth and young adults, providing for their needs and those of their families with wraparound services provided by CSET and its referral partners. Participants will be diverted away from negative activities that could lead to conflict, gang involvement and violence.

B. The Project will combine elements of previous successful local programs with findings from the latest research by gun violence experts. It will implement recommendations of the Johns Hopkins Bloomberg School of Public Health in implementing a VRC, which it describes as an interdisciplinary, data-driven and public health-focused approach to violence prevention and intervention. It is further asserted by the Johns Hopkins Bloomberg School of Public Health that VRCs create a framework for community members from diverse backgrounds to collaborate and identify recommendations proven to prevent violence, meet the unique needs of the community, and rebuild trust among local governments, law enforcement and community members.

C. The communication network set up by the Visalia Violence Reduction Council will make it easy for partner agencies to refer potential CalVIP participants to CSET. Many participants will come from CSET's existing referral system and from referrals by police, schools and Parenting Network, the local Family Resource Center. CSET's established referral system already includes the Tulare County Health and Human Services Agency CalWorks program, the County Probation Department, and the County's Child Welfare Services child abuse and neglect prevention programs.

D. Advanced level staff from CSET's Community Initiatives Department will conduct intake and assessments to determine family needs and appropriate referrals. Referrals will include warm handoffs to partners in the community including Tulare County Health and Human Services Agency for mental health services and substance abuse treatment, Parenting Network, Family Services of Tulare County, Family Healthcare Network, Kings View for behavioral health issues, Visalia Youth Services, Visalia Wellness Center, MindDivers for individual and family therapy, and Hope Horizon for mental health services.

E. Some participants will need only program fee vouchers or bus passes to allow them to engage in activities that excite them, occupy their interest and set them on a positive path. Some will need much more attention and access to multiple CSET wraparound services. To meet these needs, CSET recognizes the importance of a comprehensive, coordinated approach.

Its Family Resource Center programming already houses a range of family strengthening services, making it an ideal setting for this project. An example is Parenting Wisely, a program that helps parents communicate and discipline effectively with their older children.

F. It is anticipated that approximately 300 participants will be served during the grant period, with around 30 under active case management at any particular time. Most are likely to be of high school age. It is estimated that annually 100 will be involved with their families. Family members and older CalVIP participants may seek workforce development services funded by the Workforce Innovation and Opportunity Act under contract with the Workforce Investment Board of Tulare County, which can include help with job searching, job coaching, job training and placement, paid work experience, and much more. The Corps is a local youth conservation corps for 16- to 26-year-olds that combines job training with work 455
3 experience and the opportunity to finish high school at CSET's in house John Muir Charter School.

G. CSET will be responsible for collecting the data resulting from the project, and the required reporting. which will be made available for review by the Visalia Violence Reduction Council. As the project progresses and activities evolve to better address the factors identified by the Council as leading to gun violence in Visalia, the data may reflect a shift in outcomes, but the data collection process will be uniform throughout. Program staff collect detailed information from every client enrolled in CSET programs using the Apricot data management system, which is operated and maintained by CSET's Communications and Information Systems Department. As a recipient of Community Services Block Grant funds, CSET collects extensive demographic information used in filing reports and in conducting a community needs assessment every two years.

H. For youth, data collected will include CalVIP enrollment rates, length of participation and level of participation as measured by type and number of activities attended.

More extensive case management will be noted in the files. Families who receive wraparound services will have the additional services noted. For older participants and family members who receive employment assistance, data collected will include the number placed in work experience opportunities or in unsubsidized jobs, amount of wages earned and length of employment. If participants consent, photos and impact statements will also be obtained.

I. Data collected by program staff will be stored securely in CSET's internal files to protect sensitive information and personal details of participants. This information will be tabulated to measure the overall program effectiveness and achievement of Work Plan goals. All of that Work Plan data will be turned over to the City of Visalia by CSET. Outcomes will be shared broadly by the Violence Reduction Council, which will host an annual community meeting to share this work, its successes, challenges, and opportunities for engagement.

II. FUNDING AND PAYMENT
A. Pursuant to the grant agreement bewtween the City and BSCC, One Million Nine Hundred and Six Thousand Nine Hundred and Eighty Three Dollars ($) $1,906,983 has been budgeted, reimbursable to CSET, to provide Project implementation, administration and services as further described herein.

B. CSET shall provide staffing to administer the voucher program, coordinate the Visalia Violence Reduction Council, and provide a robust referral program for meeting the identified needs of Cal/VIP children and family members as further described herein. CSET staffing shall include, but not be limited to:
i. 1 Division Director dedicated 20% to the program.
ii. 1 Department Director dedicated 85% in year 1; 75% in year 2; and 65% in year 3 of the program.
iii. 1 Program Coordinator dedicated 75% to the program. 456
4 iiii. 1 Senior Program Specialist dedicated 100% to the program and 1 Senior Accountant dedicated 20% to the program.

C. The $1,906,983budget includes direct cost of salary and benefits /operating of $1,045,740; Program cost of $673,936 and Indirect cost of $187,307.

D. The City shall reimburse CSET for its allowable costs for the services identified in this Agreement upon presentation of properly reimbursement in a format mutually agreeable to the Parties. Allowable costs shall mean those necessary and proper costs identified in the City’s grant agreement and budget and approved by BSCC, unless any or all such costs are disallowed by BSCC. Such reimbursement shall constitute full and complete payment by the City under this Agreement.

E. As indicated on the BSCC Scope of Work, the City is required to submit invoices and progress reports as indicated on the program guidelines.

CSET is required to submit their monthly invoice and quarterly progress reports to the City of Visalia 15 days prior to the BSCC due date to allow the City of Visalia time for review and submittal to BSCC by the required due date.

F. Upon termination of this Agreement, in whole or in part for any reason including completion of the Project, the following provisions may apply:
i. Upon written request by CSET, the City shall make or arrange for payments to CSET of allowable reimbursable costs not covered by previous payments. ii. CSET shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City or BSCC as further provided herein.
iii. Closeout of funds will not occur unless all requirements of CalVIPS Program are met and all outstanding issues with CSET have been resolved to the satisfaction of the City.
iv. CSET’s obligation to the City shall not end until all closeout requirements are completed.

III. GRANT COMPLIANCE
A. Books and Records. CSET shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to CSET's work on the Project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the City’s grant 457
5 agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

B. Access to Books and Records. CSET shall make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller's Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. CSET shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the Project.

Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

C. Non-Discrimination Clause and Civil Rights Compliance. During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreem
D. During the term of this Agreement, CSET must meet the following requirements:
i. Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee.
ii. Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization.
iii. Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years 458
6 iv. Be registered with the California Secretary of State’s Office. v. Have an Employer Identification Number (EIN)
vi. Have a valid business license, if applicable
vii. Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
viii. Have a physical address in the State of California. An agent for service of process with a California address is insufficient.

E. lt is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. Pursuant to its grant agreement for the Project, City is required to obtain certain assurances from CSET. As such, by executing this Agreement, CSET certifies that:
i. CSET is not currently debarred by any federal, state, or local government entities.
ii. CSET has not been convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.
iii. CSET has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and will immediately notify the City and BSCC should such debarment or conviction occur during the term of this Agreement.

IV. INSURANCE
A. During the term of this Agreement, each CSET shall maintain at its own expense all necessary insurance for its employees and agents, including but not limited to, workers' compensation, disability, and unemployment insurance, and to provide the City certification upon request.

B. The insurance requirements contained herein are intended to support, and not limit, the indemnification obligations set forth in this Agreement. The insurance requirements establish minimum requirements only and shall not limit or reduce the liability, indemnification obligations, or other responsibilities of CSET under this Agreement.

C. CSET shall either be self-insured or carry a policy of liability insurance, issued by a company duly and legally licensed to transact business in the State of California, covering personal injuries, including wrongful death, and claims for property damage that arise from the party's activities pursuant to this Agreement. The minimum scope and limit of insurance shall be at least as broad as:
i. Commercial General Liability (CGL) on an “occurrence” basis including products and completed operations, property damage, bodily injury, and personal and 459
7 advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
ii. Workers’ Compensation Insurance and Employer’s Liability Insurance as required by law.
iii. Automobile Liability Insurance covering owned, hired, and non-owned vehicles with limits of no less than $1,000,000 combined single limit per accident.

D. CSET shall require any subcontractor(s) performing work under this Agreement to maintain, at a minimum, the same insurance limits and scope of insurance set forth above in Section C throughout the term of this Agreement.

E. Should CSET shall or any its subcontractor(s) performing work under this Agreement maintains insurance providing broader coverage or higher limits than the minimum requirements shown above, the City shall be entitled to the broader coverage and/or the higher limits maintained by the subcontractor. Any available insurance proceeds or other financial protection available under the subcontractor’s insurance in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. CSET and any of its subcontractor(s) performing work under this Agreement shall name the City, including their respective officers, officials, employees, agents, and volunteers, as additional insureds on any applicable Commercial General Liability policy for ongoing and completed operations with respect to liability arising out of the work or operations performed by or on behalf of the CSET and/or its subcontractor(s), including the furnishing of materials, parts, or equipment in connection with such work or operations.

G. CSET and its subcontractor(s) shall provide that any coverage be primary and non-contributory as respect to any other insurance. Any insurance or self-insurance maintained by the CSET shall be excess of and shall not contribute with any insurance by its subcontractr(s).

This requirement shall also apply to any Excess or Umbrella liability policies carried by CSET.

H. If CSET uses any Umbrella or Excess policies to provide the liability limits as required in this Agreement, the policies shall be provided on a true “following form” or broader coverage basis, with coverage as least as broad as provided on the underling Commercial General Liability insurance.

I. CSET’s insurance shall provide for at least thirty (30) days advance written notice to the City of cancellation, material change or non-renewal of said insurance.

J. The insurance required of CSET and any of its subcontractor(s) shall grants City a waiver of any right to subrogation which any insurer may acquire against the City by virtue of payment of any loss under such insurance and CSET and its subcontractor(s) agree to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the CITY and COUNTY, but this provision applies regardless of whether or not an endorsement has been issued.
460
8 K. CSET and its subcontractor(s) insurance shall be obtained from insurers authorized to conduct business in the State of California with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

L. If any policies required of CSET and its subcontractor(s) provide for claims-made coverage, CSET and its subcontractor(s) shall require:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the contract work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

M. CSET and its subcontractor(s) shall furnish the City with original certificates and amendatory endorsements or copies of applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the obligation of CSET and its subcontractor(s) to provide them. The City reserve the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificates of Insurance, policy language, and endorsements shall be mailed the City in accordance with Section VI(A) of this Agreement.

V. DEFAULT AND REMEDIES
A. Failure to Perform. Failure by CSET to duly perform, comply with, or observe any of the conditions, terms, or covenants of this Agreement shall constitute a breach of this Agreement, such failure having continued uncured for thirty (30) days after receipt of written notice thereof by CSET from City. Alternatively, if the breach cannot reasonably be cured within thirty (30) days, CSET shall not be in breach so long as CSET is diligently undertaking to cure such breach and such breach is cured within ninety (90) days.

B. Notice of Default and Opportunity to Cure. For any breach of this Agreement, City shall give written notice to CSET of any breach of the Agreement by specifying:
i. The nature of the event or deficiency giving rise to the breach of the Agreement.
ii. A date, which shall not be less than thirty (30) calendar days from the date of receipt of the notice, by which such action to cure must be taken. The City has the sole discretion to determine whatever additional reasonable time, up to ninety (90) days, is needed to cure.
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9 C. Remedies. Upon the occurrence of a breach of the Agreement, and a failure to cure said breach within the time specified, the City's obligation to disburse funds shall terminate, and City may also, in addition to other rights and remedies permitted by the Agreement or applicable law, proceed with any or all of the following remedies in any order or combination City may choose in its sole discretion:
i. Terminate this Agreement, in which event City funds previously disbursed shall become due and payable within thirty (30) days, including any loan payments that may have otherwise been forgiven pursuant to Section I(C) herein. ii. Bring an action in equitable relief seeking the specific performance by Borrower of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief. iii. Pursue any other remedy allowed by law or in equity.

D. Hardship Exemption. If CSET cannot comply with the requirements of this Agreement for any reason, CSET may request City to alter CSET’s obligations hereunder on terms acceptable to City, but no such request may be made later than thirty (30) days after City has delivered to CSET notice of a breach or violation of this Agreement. CSET must deliver the request in writing to City. The request must set out the reasons why CSET cannot comply with this Agreement and must describe any hardship to CSET that compliance would cause. City is under no obligation to grant any relief and may proceed with its remedies under this Section III, at law and in equity, despite CSET’s request or the hardship involved. The relief, if any, is to be determined by City in its sole discretion.

E. Right of Contest. CSET shall have the right to contest in good faith any claim, demand, levy, or assessment, the assertion of which would constitute a breach of the Declaration hereunder. Any such contest shall be prosecuted diligently and, in a manner, non-prejudicial to City or the rights of City hereunder.

F. Remedies Cumulative. No right, power, or remedy given to City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to City by the terms of any such instrument, or by any statute or otherwise against CSET and any other person. Neither the failure nor any delay on the part of City to exercise any such rights and remedies shall operate as a waiver of such right or remedy, nor shall any single or partial exercise by City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

VI. GENERAL PROVISIONS
A. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other parties under this Agreement must be in writing and may be given by any commercially acceptable means, including, but not limited to email and/or via overnight courier, to the party to whom the Notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by Notice.
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10 To City: City of Visalia, Parks & Recreation Department Attention: Jason Glick
345 North Jacob Street
Visalia, CA 93291
(559) 713-4042
[email protected]
To CSET: Community Services & Employment Training, Inc.

Attention: _____________________
312 NW 3rd Avenue
Visalia, CA 93291
__________________________
Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, postage prepaid, upon receipt of verification of receipt if sent via email, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such Party.

B. Amendment. Any material modification to this Agreement or the Scope of Work attached hereto shall be made through a written amendment executed by both Parties C. Assignment, Transfers and Successors. For purposes of this Agreement, "Transfer" shall mean any sale, assignment, or transfer, whether voluntary or involuntary, of any rights and/or duties under this Agreement, and/or any interest in the Project or the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a contract by which possession of the Project is transferred.
i. No Transfer shall be permitted without the prior written consent of the City.
ii. The approval of transfers by CSET to another legal entity wholly controlled and managed by CSET shall be permitted by the City and approval of said transfer shall not be reasonably withheld.

D. Severability. In the event any term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect.

E. Parties Not Co-Venturers. Nothing in this Agreement is intended to, or does, establish the City and CSET as partners, co-venturers or principal and agent with one another.

F. Warranties. City expresses no warranty or representation to CSET as to fitness or condition of the Property or the Project, other than those specifically contained in the Purchase and sale Agreement between the Parties.
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11 G. Attorney’s Fees. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the party prevailing in any such action shall be entitled to recover against the party not prevailing, its reasonable attorney’s fees and costs incurred in such action.

H. Indemnification Regarding Project. CSET agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to City) the City, and its respective Council members, officers and employees from all liability arising out of the Project, the Property, and CSET’s operation of the Project, to the extent that such liability arises from the acts or omissions of CSET, its subcontractors or guests. This provision shall survive expiration and/or termination of this Agreement.

I. Governing Law. This Agreement shall be interpreted under the laws of the State of California.
<SIGNATURES ON FOLLOWING PAGE>
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12 IN WITNESS WHEREOF, Purchaser has executed this Agreement, effective the day and year first set forth above.

COMMUNITY SERVICES and EMPLOYMENT
TRAINING, INC. (CSET)
Dated: _____________________ By:________________________________ Its: __________________________________

CITY OF VISALIA
Dated: ______________________ By: _____________________________ Its: Leslie Caviglia, City Manager

APPROVED AS TO FORM
By: ____________________________
City Attorney
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13 EXHIBIT “A”
Visalia CalVIP Project Partner Agency Responsibilities and Scope of Work Goal 1: Establishment and Operation of the Visalia Violence Reduction Council (VRC) Purpose
Establish, coordinate, and sustain the Visalia Violence Reduction Council (VRC) as a multidisciplinary collaborative body that promotes communication, coordination, information sharing, strategic planning, and community-based violence prevention efforts among local stakeholders.

Responsibilities of Community Services and Employment Training (CSET) CSET shall serve as the lead coordinating agency for the VRC and shall:
 Lead the planning, development, implementation, and ongoing coordination of the VRC.  Convene, facilitate, and provide administrative support for VRC meetings, multidisciplinary case reviews, and related working groups.  Recruit, engage, and maintain participation from community partners, public agencies, and other stakeholders.
 Develop meeting agendas; maintain attendance records, meeting summaries, and documentation of action items.
 Collect and share relevant program updates, community trends, and violence prevention information with VRC participants, as appropriate.
 Coordinate preparation of annual reports, presentations, and other materials summarizing VRC activities and outcomes.
 Participate in all VRC meetings and support implementation of action items identified by the Council.

Responsibilities of the City
The City shall:
 Provide fiscal oversight of grant-funded activities and ensure VRC operations comply with applicable CalVIP grant requirements.
 Support coordination among City departments, law enforcement, and public safety partners.
 Participate in VRC meetings and collaborative planning efforts.  Review annual reports and monitor program performance and outcomes.  Serve as the primary liaison with the California Board of State and Community Corrections (BSCC) regarding grant implementation and reporting requirements.

Scope of Activities
466
14 The parties shall collaborate to complete the following activities:
 Identify, recruit, and invite community partners and stakeholders to participate in the Violence Reduction Council.
 Plan and facilitate an initial kickoff meeting to establish Council membership, governance structure, meeting schedules, and communication protocols.  Coordinate and conduct regular VRC meetings and special meetings, as needed, to review violence trends, incidents, emerging issues, and collaborative response strategies.  Prepare annual reports summarizing Council activities, accomplishments, performance measures, and recommendations, and present findings at community meetings or other public forums.

Project Timeline
Activity Timeframe
Partner Outreach and Recruitment July–August 2026
VRC Formation and Kickoff September–October 2026
Ongoing VRC Meetings October 2026–June 2029
Annual Reports and Community
Presentations
February 2027, February 2028, February
2029
Performance under this Scope of Work shall be evaluated using the following measures:
 Number of Violence Reduction Council meetings conducted.  Number of participating agencies and organizations.
 Total attendance at VRC meetings.
 Number of multidisciplinary incident or case reviews completed.  Number of annual reports prepared and submitted.
 Attendance at community meetings and public presentations.

Goal 2: Participant Engagement and Positive Youth Development Purpose
Identify, engage, and enroll youth ages 3–14 and 15–26 who are at elevated risk of involvement in gun violence and support their participation in evidence-informed positive youth development, education, workforce development, recreation, family engagement, and other supportive services designed to reduce violence and improve long-term outcomes. CSET shall enroll and serve a minimum of 100 unduplicated youth annually, for a cumulative total of 300 participants over the term of this Agreement.

Responsibilities of Community Services and Employment Training (CSET)  CSET shall serve as the lead service provider for participant engagement.  Conduct outreach, engagement, and recruitment of eligible participants.  Receive, review, and process referrals from approved referral partners. 467
15  Conduct participant intake, eligibility screening, assessments, and program enrollment.  Assess participant and family strengths, interests, goals, and service needs to develop individualized support plans using the Whole Family approach.  Determine appropriate levels of family engagement and identify supportive services for family members, as applicable.
 Provide participant support services, including transportation assistance, vouchers, warm referrals, and other allowable participation supports consistent with the approved CalVIP budget and grant requirements.
 Coordinate referrals to educational, workforce, behavioral health, recreational, mentoring, and other community-based services.
 Maintain participant files, case notes, referral logs, and all required documentation in accordance with grant and confidentiality requirements.  Monitor participant engagement and progress throughout program participation.

Responsibilities of the City
The City shall:
 Provide fiscal oversight and ensure program activities comply with applicable CalVIP grant requirements.
 Monitor program performance, participant outcomes, and required reporting.  Support coordination with referral partners, community organizations, and system stakeholders.
 Participate in program planning, implementation, and evaluation activities.  Review performance reports and provide technical assistance, as appropriate.

Scope of Activities
The parties shall collaborate to complete the following activities  Conduct outreach and recruitment of youth and young adults that meet the criteria.  Receive and share referrals for eligible participants.  Maintain ongoing communication
 Coordinate with community partners to improve access for the most vulnerable.

Project Timeline
Participant Outreach August 1, 2026 – June 2029
Performance Measures
Performance shall be evaluated using the following minimum annual service milestones and performance measures:
 Minimum of 100 unduplicated youth enrolled annually, for a cumulative minimum of 300 unduplicated youth enrolled during the term of this Agreement. 468
16  Minimum of 100 participants engaged in program services annually.  Minimum of 100 families offered engagement opportunities and supportive services, as appropriate.

Goal 3: Wraparound Support and Family Stabilization
Purpose
Provide comprehensive, trauma-informed wraparound services to youth and families who need additional support beyond basic program services. Through individualized case management, family engagement, and coordinated referrals, participants will receive the resources and support needed to improve stability, reduce barriers, and achieve positive outcomes.

Responsibilities of Community Services and Employment Training (CSET) CSET shall:
 Identify participants and families who need enhanced (Whole Family) wraparound services.
 Conduct trauma-informed outreach, engagement, and follow-up.  Complete participant assessments to identify strengths, risks, and service needs.  Develop Individualized Service Plans (ISPs) using a Whole Family approach.  Provide ongoing case management and family support.
 Coordinate referrals and warm handoffs to community resources, including education, behavioral health, housing, employment, mentoring, and other supportive services.  Monitor participant progress and update service plans as needed.  Maintain complete case files and document participant services, referrals, and outcomes.

Responsibilities of the City
The City shall:
 Provide program oversight and monitor performance.
 Ensure compliance with CalVIP and BSCC grant requirements.  Support coordination with the Violence Reduction Council and community partners.  Review program outcomes and participate in evaluation activities.

Scope of Activities
The parties shall collaborate to:
 Identify participants who would benefit from wraparound services.  Connect participants and families to community resources through referrals and warm handoffs.
 Monitor program progress and adjust services/support as needed.  Conduct presentations to share participant outcomes and successful completion of program services.
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17 Project Timeline
Wraparound Support and Family Stabilization Services August 1, 2026 – June 2029 Performance Measures
Performance shall be evaluated using the following annual service milestones:
 Minimum of 100 participant assessments completed annually.  Minimum of 100 Individualized Service Plans (ISPs) completed annually.  Minimum of 100 participants receiving ongoing wraparound case management services annually.
 Minimum of 100 Family Needs Profiles completed, as appropriate.  Referrals made to community resources and successful connections to services.  Ongoing case management contacts documented throughout program participation.  Service plans reviewed and updated, as needed.
 Exit summaries completed for participants leaving the program.  Participant progress documented, including achievement of individualized service goals Goal 4: Program Evaluation, Reporting, And Closeout
Purpose
The parties agree to complete all reporting, evaluation, audit, and grant closeout activities required by BSCC and the CalVIP Program.

Responsibilities of Community Services and Employment Training (CSET) CSET shall:
• Maintain all program records and participant documentation. • Provide data and reporting support to the City.
• Participate in evaluation and compliance activities.
• Support audits and monitoring reviews.
• Transfer all required program data and records at closeout.

Responsibilities of the City
The City shall:
• Lead BSCC reporting and grant administration.
• Ensure compliance with all CalVIP requirements.
• Coordinate evaluation and audit activities.
• Submit all required reports to BSCC.
• Manage grant closeout.

Scope of Activities
470
18 1. Prepare and submit evaluation and closeout reports.

2. Support compliance reviews and audits.

3. Transfer, reconcile, and certify all required program records and data.

Project Timeline
January 2029 – September 2029
Performance Measures
• Completion of required reports
• Completion of compliance reviews
• Audit resolution
• Submission of final data
• Transfer of records
• Timely grant closeout
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19 472
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0146 Agenda Date: 9/8/2026 Agenda #: 15.

Agenda Item Wording:

Building Advisory Committee member appointment - Request to appoint Matt Seals to the Building Advisory Committee for a 2-year term.

Agenda Date: 09/08/2026
Prepared by:

Jason Huckleberry, Engineering & Building Director, [email protected], (559)713-4495 Department Recommendation:

Staff recommends that City Council appoint Matt Seals to the first term on the Building Advisory Committee with the 2-year term ending in June 30, 2028.

Summary:

Staff recently received one application from Matt Seals to fill a vacancy on the Building Advisory Committee (BAC). Matt Seals is a licensed general contractor with a degree from Cal Poly San Luis Obispo. He is the owner of a local commercial construction company and was previously an active member of the BAC for many years. He is also an active member of the VUSD Facilities Advisory Committee and the Visalia Economic Development Corporation. He brings a wealth of experience and knowledge to the committee and is highly recommended by staff.

Background Discussion:

The Building Advisory Committee (BAC) was reestablished by Council at the meeting held on August 17th, 2026 as a 5-member body. Additionally, Council appointed three members to the BAC at the same meeting including, BJ Perch (1st 3-year term), Martin Hale (1st 3-year term), and a member represented by the Building Industry Association of Tulare & Kings County (permanent member).

With approval to appoint Mr. Seals to a two-year term, the BAC will have one remaining vacancy (2- year term).

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File #: 26-0146 Agenda Date: 9/8/2026 Agenda #: 15.

The establishment of the BAC is intended to enable the City’s Building Division to provide the important services outlined below:
· Provide regular interaction and outreach with the building community and other interested parties
· Provide an avenue for collaboration and public/private sector education regarding Building Code issues/changes and interpretations
· Provide a forum to discuss new industry technologies and suggestions to streamline the permitting/plan review processes
· Include a Board of Appeals as prescribed in the California Building Code. Four members (three regular members and one alternate) of the BAC would serve on the City’s Board of Appeals. The BAC would select from among their members who will serve on the Board of Appeals.

Except for required qualifications and the recommendation process (as outlined above), the BAC will follow the guidelines within the City of Visalia’s Committees & Commissions Handbook. The Committee is added to the official City of Visalia Local Appointment List in compliance with the requirements of the Maddy Act, Government Code 54970. A mission statement will be drafted by the BAC.

Fiscal Impact including annual maintenance and operating costs:

No cost to City other than staff time that is devoted by the Director and/or Building Official to facilitate the BAC meetings as a staff representative.

Prior Council Action:

August 17, 2026 - Council reestablished the BAC and appointed three members.

Alternatives: Decline the appointment and maintain two vacancies on the committee.

Recommended Motion (and Alternative Motions if expected):

I move to appoint Matt Seals to the Building Advisory Committee for a two-year term as recommended by staff.

Environmental Assessment Status: Not applicable
CEQA Review: Not applicable
Deadline for Action: No deadline is established for this action Attachments: 1. Member application
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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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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0147 Agenda Date: 9/8/2026 Agenda #: 16.

Agenda Item Wording:

Authorization to apply for the Federal Transit Administration Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Program - Authorization for the City Manager to submit applications in partnership with the National Park Service to the FTA Low or No Emission Grant Program (Resolution No. 2026-64 required) and the FTA Grants for Buses and Bus Facilities Program (Resolution No. 2026-65 required) for the purchase of twelve (12) clean diesel cutaways, ten (10) diesel hybrid buses, and rehabilitation of eight (8) diesel hybrid buses for an estimated total amount of $16,120,000 pending further analysis of the responsibilities and impacts to the City.

Agenda Date: 09/08/2026
Prepared by:

David Chang, Financial Analyst, [email protected] , (559)713-4526 Angelina Baker, Transit Manager, [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 submission of applications to the Federal Transit Administration (FTA) Low or No Emission Grant Program (Resolution No. 2026-64 required) and FTA Grants for Buses and Bus Facilities Program (Resolution No. 2026-65 required) for the purchase of twelve (12) clean diesel cutaways, ten (10) diesel hybrid buses, and rehabilitation of eight (8) diesel hybrid buses for an estimated amount of $16,120,000. Due to the application deadline, staff is requesting to authorize the City Manager authority to cancel the grant application if it is determined that the grant responsibilities and impacts are not in the best interest of the City.

Summary:

On July 27, 2026, the FTA announced the opportunity to apply for $589 million in competitive grants for the Fiscal Year (FY) 2026 Low or No Emission Grant Program (Low-No Program) and approximately $21 million in competitive grants for the FY 2026 Grants for Buses and Bus Facilities Program (Bus Program). Eligible applicants are states (including territories and Washington, D.C.), local government entities, and federally recognized Indian tribes. Applications are due September 21, 2026.

Given the National Park Service (NPS) is not an eligible applicant under the guidelines of the federal grant opportunity, NPS has requested to partner with the City on applications with the City as the applicant to both the Low-No Program and Bus Program. This application would be for the purchase of twelve (12) clean diesel cutaways, ten (10) diesel hybrid buses, and the rehabilitation of eight (8) diesel hybrids. The buses purchased will replace cutaways that have exceeded useful life and buses disposed of in prior years that did not meet California Air Resource Bords (CARB) emissions standards and were no longer allowed to operate within California. The intent of these buses is to Visalia City Council Page 1 of 3 Printed on 9/3/2026
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File #: 26-0147 Agenda Date: 9/8/2026 Agenda #: 16.
standards and were no longer allowed to operate within California. The intent of these buses is to operate the internal park shuttle in Sequoia National Park during the tourism season (Memorial Day to Labor Day). Outside of the tourism season, the buses would operate in local Fixed Route and VLine service to Fresno to keep from degrading due to non-operation during the offseason. The NPS staff and its grants writers are assisting in writing the grant application with Transit Division staff, and will provide the required twenty percent (20%) match for the grant and any other cost responsibilities associated with the application. Transit does charge NPS for the depreciation of the vehicles through a Capital Lease each season which is used to fund bus repairs and any remaining funds is to be used for bus replacement. Funds available to date are approximately $1.4 million. The additional matching funds needed will come from NPS..

Staff is currently working with NPS and researching the details of the grant. Due to the grant deadline of September 21st and the next Council meeting, staff is requesting authorization to apply for the grant this meeting. In addition, staff is requesting to authorize the City Manager authority to cancel the grant application if it has been determined that it is not in the City’s best interest.

Background Discussion:

In FY 2025 with approximately $2.03 billion available, the Low-No and Bus Programs received 479 eligible project proposals requesting more than $6.8 billion, of which the FTA selected 165 projects for award. The Council had authorized a City application last year in partnership with NPS, which involved the application for the purchase of ten (10) battery-electric buses and twenty-four (24) Level 3 electric chargers at an estimated amount of $15 million. Although the application scored well on its merits, the FTA did not award any funding in support of battery-electric bus applications.

Recognizing the FTA will not fund the purchase of battery-electric buses in the current grant opportunity, Transit and NPS staff are proposing the purchase of diesel hybrid buses and cutaways.

Staff follows the fleet replacement plan approved by the City Council in 2023 as part of the Zero Emission Rollout Plan, which outlines annual bus replacements and additions needed to maintain compliance with the Innovative Clean Transit (ICT) regulation. The ICT regulation requires that twenty -five percent (25%) of vehicles over 14,000 Gross Vehicle Weight Rating (GVWR) purchased each calendar year shall be zero-emission. For calendar year 2027, Transit is scheduled to replace three (3) buses and add two (2) additional buses to the fleet for a total of five (5) battery-electric buses (BEB). Transit staff will be requesting an ICT exemption on the Sequoia Shuttle vehicle purchase due to the lack of infrastructure and resources for zero-emission buses within the Sequoia National Park.

Given this grant application is anticipated to be awarded at the end of 2026, staff will remain on schedule to replace vehicles that have reached useful life while also accommodating the new fleet additions identified in the rollout plan.

Fiscal Impact including annual maintenance and operating costs:

If awarded, staff will return to Council to accept the grant and appropriate the funds. NPS has committed to funding the required twenty percent (20%) share of the cost through Sequoia Shuttle Capital Lease funds and any additional funds required. The City will not be required to fund the match, although the grant and vehicles would be managed by the City.

Prior Council Action:

June 16, 2025: Authorization to apply for the Federal Transit Administration Low or No Visalia City Council Page 2 of 3 Printed on 9/3/2026
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File #: 26-0147 Agenda Date: 9/8/2026 Agenda #: 16.

Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program (25-0223)
Alternatives:

Council can elect not to authorize the application which will delay the fleet replacement schedule and increase dependency on City Local Transportation Funds for vehicle replacement.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the submission of applications to the FTA Low or No Emission Grant Program and the Buses and Bus Facilities Program for the purchase and rehabilitation of Sequoia Shuttle fleet vehicles in the estimated total amount of $16,120,000 and authorize the City Manager authority to cancel the grant application.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 09/21/2026
Attachments:

1. Draft Resolution No. 2026-64 - FTA Grants for Buses and Bus Facilities

2. Draft Resolution No. 2026-65 - FTA Low or No Emission Grant Program

3. Federal Register Notice: FY 2026 Competitive Funding Opportunity

4. City Council Agenda Report: June 16, 2025 (25-0223)
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Visalia City Council Page 3 of 3 Printed on 9/3/2026
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RESOLUTION NO. 2026-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA AUTHORIZING

THE APPLICATION FOR FEDERAL FUNDING UNDER
FTA SECTION 5339(b) (49 U.S.C. SECTION 5339b) FOR THE

GRANTS FOR BUSES AND BUS FACILITIES PROGRAM
WHEREAS, the U.S. Department of Transportation is authorized to make grants to local governmental authorities through the Federal Transit Administration to provide funding for the replacement, rehabilitation and purchase of buses and related equipment and to construct busrelated facilities; WHEREAS, The City of Visalia is an eligible local governmental authority and desires to apply for said funding for the replacement of twenty-two (22) cutaways with ten (10) diesel hybrids and twelve (12) clean diesel and the rehabilitations of eight (8) buses servicing the Sequoia Shuttle; and WHEREAS, the National Park Service has committed to provide the maximum twenty percent (20%) share of the cost for purchases of the bus replacements and rehabilitation, and any other costs associated with the application.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of Visalia does hereby authorize the City Manager and/or his/her Designee to file and execute an application on behalf of the City of Visalia to the Administration to fund the replacement and rehabilitation of the Sequoia Shuttle fleet. That the City Manager and/or his/her Designee is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Administration.

That the City Manager and/or his/her Designee is authorized to provide additional information as the Administration may require in connection with the application for the Grants for Buses and Bus Facilities Program.

PASSED AND ADOPTED: September 8, 2026 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-64 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 16, 2025.

Dated: September 8, 2026 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
483
RESOLUTION NO. 2026-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA AUTHORIZING THE APPLICATION FOR FEDERAL FUNDING UNDER FTA SECTION 5339(c) (49 U.S.C. SECTION 5339c) FOR THE LOW OR NO EMISSION GRANT PROGRAM
WHEREAS, the U.S. Department of Transportation is authorized to make grants to local governmental authorities through the Federal Transit Administration to provide funding for the purchase or lease of zero-emission and low-emission transit buses as well as acquisition, construction, and leasing of required supporting facilities; WHEREAS, The City of Visalia is an eligible local governmental authority and desires to apply for said funding in partnership with the National Park Service for the purchase of ten (10) diesel hybrid buses , twelve (12) clean diesel cutaways, and rehabilitating eight (8) diesel hybrids; and WHEREAS, the National Park Service has committed to provide the maximum twenty percent (20%) share of the cost for the purchase and rehabilitation of transit buses and any other costs associated with the application.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of Visalia does hereby authorize the City Manager and/or his/her Designee to file and execute an application on behalf of the City of Visalia in partnership with the National Park Service to the Administration to fund the purchase of replacement buses and rehabilitation of existing fleet servicing the National Park.

That the City Manager and/or his/her Designee is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Administration.

That the City Manager and/or his/her Designee is authorized to provide additional information as the Administration may require in connection with the application for the Low or No Emission Grant Program.

PASSED AND ADOPTED: September 8, 2026 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-65 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 8, 2026.

Dated: September 8, 2026 LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
484
Federal Register / Vol. 91, No. 142 / Monday, July 27, 2026 / Notices 47031 c/o ICF, 1902 Reston Metro Plaza,
Reston, VA 20190.

The Unique ID for this document is
EAXX–021–12–000–1781778641.

FOR FURTHER INFORMATION CONTACT: For
more information visit: https://
www.faa.gov/space/stakeholder_
engagement/spacex_starship.

SUPPLEMENTARY INFORMATION: The FAA
is the lead federal agency, and the
National Aeronautics and Space
Administration (NASA) and the U.S.

Coast Guard (USCG) are cooperating
agencies due to their special expertise
and/or regulatory jurisdiction. Under
the Proposed Action, the FAA is
evaluating SpaceX’s proposal to modify
its existing vehicle operator license to
authorize the expenditure of the
Starship vehicle in additional
downrange contingency landing areas
within the Pacific Ocean. Specifically,
the license modification would permit
contingency landings in a newly
designated Northern Pacific
Contingency Landing Area as well as
authorize the expansion of two
previously evaluated contingency
landing locations: (1) Hawaii and
Central Pacific Ocean Contingency
Landing Area and (2) Southeast (SE)
Pacific Contingency Landing Area. The
Draft Tiered EA also evaluates the
potential environmental impacts
associated with FAA’s approval of
related airspace closures.

The Draft TEA has been posted, and
comments will be received through the
Federal E-Rulemaking Portal: http://
www.regulations.gov. Search for Docket
No. FAA–2026–6968 to retrieve the
docket and follow the instructions to
submit a comment.

Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be advised that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask the
FAA in your comment to withhold
from public review your personal
identifying information, the FAA cannot
guarantee that we will be able to do so.

All comments received during the
comment period will be given equal
weight and be taken into consideration
in the preparation of the Final Tiered
EA.

Dated: July 23, 2026.

Stacey Molinich Zee,
Manager, Operations Support Branch.
[FR Doc. 2026–15089 Filed 7–24–26; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2026 Competitive Funding
Opportunity: Grants for Buses and Bus
Facilities Infrastructure Programs
AGENCY: Federal Transit Administration
(FTA), Department of Transportation
(DOT).

ACTION: Notice of funding opportunity
(NOFO).

SUMMARY: The Federal Transit
Administration (FTA) announces the
opportunity to apply for $610 million in
competitive grants for the Fiscal Year
(FY) 2026 Grants for Buses and Bus
Facilities Program and Low or No
Emission Grant Program; jointly referred
to as the Grants for Buses and Bus
Facilities Infrastructure Programs.

DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern Time Monday,
September 21, 2026.

FOR FURTHER INFORMATION CONTACT:

Email Kirsten Wiard-Bauer, Office of
Program Management at
[email protected] or call
202–366–2053. A TDD is available at 1–
800–877–8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION: The full
text of the Notice of Funding
Opportunity (NOFO) can be found on
FTA’s website at https://
www.transit.dot.gov/funding/grants/
notices and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity IDs are FTA–2026–010–
TPM–BUS and FTA–2026–011–TPM–
LWNO. Mail and fax submissions will
not be accepted.

Authority: 49 U.S.C. 5339(b) and (c);
49 CFR 1.91.

Matthew B. Cahill,
Acting Deputy Administrator.
[FR Doc. 2026–15090 Filed 7–24–26; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2026–1189]
Agency Information Collection
Activities; Notice and Request for
Comment; Criminal Penalty Safe
Harbor Provision; Reopening of
Comment Period
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Reopening of comment period.

SUMMARY: The National Highway Traffic
Safety Administration (NHTSA)
published a document in the Federal
Register of May 29, 2026, requesting
comment on an extension of a currently
approved information collection for
NHTSA’s Criminal Penalty Safe Harbor
Provision. Due to an administrative
error, the published notice incorrectly
provided a 30-day comment period
instead of providing the full 60-day
period required by the Paperwork
Reduction Act (PRA). NHTSA is
announcing the reopening of the
comment period to ensure the public
receives the full 60 days to submit
comments. The comment period will
close on August 26, 2026.

DATES: The comment period for the PRA
notice published on May 29, 2026 is
reopened and extended to August 26,
2026.

ADDRESSES: You may submit comments
identified by Docket No. NHTSA–2026–
1189 through any of the following
methods:
• Electronic submissions: Go to the
Federal eRulemaking Portal at http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail or Hand Delivery: Docket
Management, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Suite W58–
213, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To
be sure someone is there to help you,
please call (202) 366–9826 or (202) 366–
9317 before coming.

Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.

Privacy Act: Anyone can search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement, which DOT published in the
Federal Register on April 11, 2000 (65
FR 19477–78), or you may visit https://
www.transportation.gov/privacy.

Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov or the street
address for DOT that is listed above.

VerDate Sep<11>2014 18:10 Jul 24, 2026 Jkt 268001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1 lotter on DSK8BHNXB4PROD with NOTICES1
485
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: 25-0223 Version: 1
Type: Consent Item Status: Agenda Ready
File created: 5/30/2025 In control: Visalia City Council On agenda: 6/16/2025 Final action:

Title: Authorization to apply for the Federal Transit Administration Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program - Authorization to submit an application in partnership with the National Park Service to the FTA Low or No Emission Grant Program for ten (10) battery-electric buses and twenty-four (24) Level 3 electric chargers for an estimated amount of $15 million (Resolution No. 2025-45 required), and an application to the FTA Grants for Buses and Bus Facilities Competitive Program for the development of a parking structure on Transit property near the Transit Center for an estimated amount of $15 million (Resolution No. 2025-46 required).

Sponsors:

Indexes:

Code sections:

Attachments: 1. Draft Resolution - Low or No Emission Grant Program, 2. Draft Resolution - Bus and Bus Facilities Program, 3. FTA Low-No and Bus Facilities Grant Programs Announcement Date Ver. Action By Action Result
Agenda Item Wording:

Authorization to apply for the Federal Transit Administration Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program - Authorization to submit an application in partnership with the National Park Service to the FTA Low or No Emission Grant Program for ten (10) battery-electric buses and twenty-four (24) Level 3 electric chargers for an estimated amount of $15 million (Resolution No. 2025-45 required), and an application to the FTA Grants for Buses and Bus Facilities Competitive Program for the development of a parking structure on Transit property near the Transit Center for an estimated amount of $15 million (Resolution No. 2025-46 required).

Deadline for Action: 6/16/2025
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected], (559)713-4591;John Lollis, Assistant City Manager, [email protected], (559)713-4323 Department Recommendation:

Authorize staff to submit an application in partnership with the National Park Service to the Federal Transit Administration (FTA) Low or No Emission Grant Program for ten (10) battery-electric buses and twenty-four (24) Level 3 electric chargers for an estimated amount of $15 million (Resolution No. 2025-45 required), and an application to the FTA Grants for Buses and Bus Facilities Competitive Program for the development of a parking structure on Transit property near the Transit Center for an Visalia City Council Page 1 of 4 Printed on 9/2/2026
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File #: 25-0223, Version: 1
estimated amount of $15 million (Resolution No. 2025-46 required).

Summary:

On May 14, 2025, the Federal Transit Administration (FTA) announced the opportunity to apply for $1.1 billion in competitive grants for the fiscal year (FY) 2025 Low or No Emission Grant Program (Low-No Program) and approximately $398 million in competitive grants for the FY 2025 Grants for Buses and Bus Facilities Program (Bus Program). Eligible applicants are states (including territories and Washington, D.C.) local government entities, and federally recognized Indian tribes. Applications are due July 14, 2025.

Given it is not an eligible applicant, the National Park Service (NPS) has requested to partner with the City on an application to the Low-No Program for the purchase of ten (10) battery-electric buses and twenty-four (24) Level 3 chargers, with the intent of the buses to operate the internal park shuttle in Sequoia and Kings Canyon National Parks (SEKI) during the tourism season (Memorial Day to Labor Day), supported by twelve (12) chargers to be constructed in the Park. Outside of the tourism season, the buses would operate in the city, supported by twelve (12) chargers to be constructed at the City’s Corporation Yard. The NPS proposes to employ a consultant to complete the grant application on behalf of the City, and to be financially responsible for the required twenty percent (20%) cost share for the grant and any other cost responsibilities associated with the application.

With the planning for the development of the Cross Valley Express between Porterville and Naval Air Station (NAS) Lemoore underway with the City’s Transit Center to serve as the central regional hub of the proposed new service, it is becoming apparent that an expansion of one of the Transit Downtown parking lots would be necessary to serve as a park and ride for the Express. City Transit owns the parking lot directly west of the Transit Center, as well as the parking lot one (1) block to the northeast on the northeast corner of Oak Avenue and Tipton Street. The parking lot west of the Transit Center generally remains full during the day, which the development of a multi-level parking structure at that location would provide additional parking to support the Express park and ride, or the same at the northeast parking lot as the City begins construction of the new Civic Center due east of the parking lot. The City would have a twenty percent (20%) share of the cost for the grant, which can be applied from other federal and State grants (e.g. Senate Bill 125 State Transit funds).

It should be noted that the Tulare County Association of Governments (TCAG) is also preparing an application to the Low-No Program on behalf and to benefit the regional transit agencies estimated at $30 million, including six (6) battery-electric buses, six (6) compressed natural gas (CNG), twelve (12) Level 3 electric chargers, and $1 million toward the development of a new transfer station in the Visalia Industrial Park. This grant application would be complementary to the $59 million State grant that TCAG has received for the development of the Cross Valley Express (Porterville and NAS Lemoore) and Bus Rapid Transit (Tulare and Visalia).

Background Discussion:

In FY 2024, the Low-No Program received 214 eligible applications requesting $4.7 billion, of which sixty-two (62) applications were funded totaling $1.1 billion, with award sizes ranging from $1.2 million to $99.5 million. The Bus Program received 263 eligible applications requesting $4.4 billion, of which fifty-five (55) applications were funded totaling $390 million, with award sizes ranging from $131,000 to $26.8 million. The FY 2025 Low-No Program and Bus Program are expected to see similar results.

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File #: 25-0223, Version: 1
Eligible projects under the Low-No Program include:
1) the purchase or leasing of zero-emission buses, including hydrogen fuel-cell buses, battery-electric buses, and rubber tire trolley buses powered by overhead catenaries; 2) the purchase or leasing of low-emission buses, including propane buses, CNG buses, and hybrid-electric buses;
3) acquiring low- or no-emission buses with a leased power source; and 4) leasing, constructing, or rehabilitating pubic transportation facilities and related equipment to accommodate low- or no-emission buses.

There is a set aside of twenty-five (25%) of the $1.1 billion of funding available, or $275 million, for low-emission buses, with the remaining seventy-five percent (75%), or $825 million, for zeroemission buses.

Eligible projects under the Bus Program include:
1) the purchase, leasing or rehabilitating buses regardless of propulsion type or emissions; and
2) the purchase, leasing, rehabilitating, or constructing bus-related facilities and equipment, regardless of propulsion type or emissions.

Fiscal Impact: If awarded the Bus Program grant, the City would have a twenty percent (20%) share of the cost, which staff would have to identify an appropriate funding source and return to the City Council to appropriate funds. If awarded the Low-No Program grant, the NPS has committed to funding the required twenty percent (20%) share of the cost and would not require appropriation by the City.

Prior Council Action: None
Other: N/A
Alternatives: Do not authorize the City’s application to the FTA Low-No Program in partnership with the NPS and/or the FTA Bus Program.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to submit an application, in partnership with the National Park Service, to the Federal Transit Administration (FTA) Low or No Emission Grant Program for ten (10) battery-electric buses and twenty-four (24) Level 3 electric chargers for an estimated amount of $15 million through the adoption of Resolution 2025-45, and an application to the FTA Grants for Buses and Bus Facilities Competitive Program for the development of a parking structure on Transit property near the Transit Center for an estimated amount of $15 million through the adoption of Resolution 2025-

46..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Draft Resolution No. 2025-45 - FTA Low or No Emission Grant Program Draft Resolution No. 2025-46 - FTA Grants for Buses and Bus Facilities Competitive Program Visalia City Council Page 3 of 4 Printed on 9/2/2026
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File #: 25-0223, Version: 1
Federal Register - May 15, 2025; Notice of Funding Opportunity Visalia City Council Page 4 of 4 Printed on 9/2/2026
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0155 Agenda Date: 9/8/2026 Agenda #: 17.

Agenda Item Wording:

Letter of support for Hanford (Kings County) High-Speed Rail Heavy Maintenance Facility site selection - Approve a draft letter of support for the selection of the Hanford (Kings County) site for the Central Valley High-Speed Rail Heavy Maintenance Facility.

Agenda Date: 09/08/2026
Prepared by:

John Lollis, Assistant City Manager, [email protected], (559)713-4323 Department Recommendation:

Staff recommends the City Council approve a draft letter of support for the selection of the Hanford (Kings County) site for the Central Valley High-Speed Rail Heavy Maintenance Facility.

Summary:

The California High-Speed Rail Authority is currently evaluating potential sites for the Central Valley Heavy Maintenance Facility (HMF), with the selected location to serve as the State’s single 300-acre location and main hub for train assembly, inspections and testing, heavy maintenance, overhauls, and major component replacements for the entire high-speed fleet. The Authority’s site screening process identified Fresno and Hanford site alternatives for further evaluation in the environmental review process. The proposed Fresno location is in south Fresno approximately forty (40) miles from Downtown Visalia, centered at the intersection of American and Cedar Avenues. The proposed Hanford location is southeast of Hanford approximately twenty (20) miles from Downtown Visalia, centered along the high-speed rail line between Houston and Idaho Avenues. Given the proximity to Visalia, past support for a Kings-Tulare station, as well as ongoing connectivity efforts between Visalia, Hanford and Lemoore in development of the Cross Valley Corridor express bus service, staff recommends providing a letter of support for the Hanford site alternative.

Background Discussion:

Beginning in late 2023, the Authority began evaluating potential sites for the HMF and completed preliminary screening analysis of eleven (11) potential HMF sites. Two (2) sites were deemed to be feasible alternatives to be considered for further environmental evaluation.

The sites were evaluated based on operational and environmental criteria, including:
· Proximity to the early operating segment
· Available size and geometry of the sites
· Ability to provide two independent connections to HSR tracks and one to the freight rail network
· Environmental and community considerations
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File #: 26-0155 Agenda Date: 9/8/2026 Agenda #: 17.

Information gathered during the scoping process will help in the preparation of the Draft Environmental Impact Report (EIR) and Environmental Impact Statement (EIS). The final EIR and EIS is intended to be presented for review and approval in mid to late 2027. The Authority is now seeking public input on the two (2) remaining alternatives, with the public comment period running from August 14 to September 14, 2026.

The HMF is anticipated to employ hundreds of direct skilled day- and night-shift jobs initially and potentially up to 2,000 permanent specialized jobs over time, including specialist techniciansmachinists, electronic technicians/welders, office engineers, maintenance staff, train preparation staff, and support staff.

Fiscal Impact including annual maintenance and operating costs: No fiscal impact Prior Council Action:

January 6, 2020: Letter of Support for Merced-Fresno-Bakersfield interim operating segment including the Tulare-Kings Stop
Alternatives:

1. Support the Fresno site alternative

2. Support both the Fresno and Hanford site alternatives

3. Do not support either the Hanford or Fresno site alternatives Recommended Motion (and Alternative Motions if expected):

I move to approve the draft letter of support for the selection of the Hanford (Kings County) site for the Central Valley High-Speed Rail Heavy Maintenance Facility.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 09/14/2026
Attachments:

1. Draft Letter of Support

2. California High-Speed Rail Authority: Notice of Preparation

3. City Council Agenda Staff Report: January 6, 2020
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 2 of 2 Printed on 9/2/2026
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220 N. Santa Fe St. • Visalia, CA 93292 P 559.713.4355 W visalia.gov

City Council
Brett Taylor
Mayor
Liz Wynn
Vice Mayor
Steven A. Nelsen
Councilmember
Emmanuel
Hernandez Soto
Councilmember
Brian Poochigian
Councilmember

September 8, 2026
The Honorable Steve Kawa
Board Chair
California High Speed Rail Authority
770 L Street, Suite 620
Sacramento, CA 95814
RE: Letter of Support for Hanford, Kings County – High-Speed Rail Maintenance Facility Site Selection
Dear Chair Kawa,
On behalf of the City of Visalia, I am writing to express strong support for the selection of the Hanford, Kings County site for the High-Speed Rail Heavy Maintenance Facility. As the region continues to demonstrate its commitment to statewide mobility, economic growth, and sustainable infrastructure, Hanford stands out as an exceptional and strategic choice for this critical investment.

Hanford and the broader Kings-Tulare Counties region offer a uniquely advantageous combination of geographic centrality, multimodal transportation access, available land, and an available and ready workforce. The proposed site lies at the heart of California’s high speed rail alignment, providing efficient operational support and minimizing systemwide deadhead costs. Its connectivity to major highways, freight corridors, and regional transit offers seamless integration, which is essential for maintenance operations and long-term system resiliency. To further improve regional transit connectivity, the City of Visalia is a critical partner in the development of the Cross Valley Corridor express bus service project between Kings and Tulare Counties, connecting the communities along the historic Southern Pacific Railroad, including the nearby Kings-Tulare Region High-Speed Rail Station when operational.

Equally important, Kings County has a demonstrated history of collaboration with State agencies, regional partners, and private-sector stakeholders. Local leadership is aligned, supportive, and eager to work proactively to ensure the facility’s rapid, successful, and costeffective development. The region’s workforce spanning skilled trades, advanced manufacturing, logistics, and engineering is well positioned to meet the demands of facility construction and long-term operations while benefiting from the high-quality jobs such a project will generate. The development of the Cross Valley Corridor express bus service project is an example of the history and spirit of regional collaboration and partnership. 492
220 N. Santa Fe St. • Visalia, CA 93292 P 559.713.4355 W visalia.gov

City Council
Beyond operational suitability, locating the maintenance facility in Hanford would provide meaningful economic uplift to the community and the broader Central Valley as a whole, reinforcing the State of California’s commitment to equitable investment. The project would catalyze new development, strengthen local supply chains, and advance workforce training initiatives that support both current and future mobility needs.

For these reasons, the City of Visalia strongly encourages consideration of the Hanford, Kings County site for the High-Speed Rail Heavy Maintenance Facility. Thank you for your attention and careful consideration in this important selection.

Sincerely,
Brett Taylor, Mayor
City of Visalia
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770 L Street, Suite 620, Sacramento, CA 95814 • T: (916) 324-1541 • F: (916) 322-0827 • www.hsr.ca.gov SCH ______________
FROM: Stefan Galvez-Abadia
Director of Environmental Services
California High-Speed Rail Authority
770 L Street, Suite 620
Sacramento, CA 95814
SUBJECT: Notice of Preparation of a Project-Level Environmental Impact Report for the Central Valley Heavy Maintenance Facility Project
The California High-Speed Rail Authority (Authority), as the lead agency for the California Environmental Quality Act (CEQA) process for the proposed California High-Speed Rail (HSR) System, is issuing this Notice of Preparation (NOP) for preparing an Environmental Impact Report (EIR) for the Central Valley Heavy Maintenance Facility (HMF) Project. The Authority also intends to separately publish a Notice of Intent (NOI) for initiating public scoping under the National Environmental Policy Act (NEPA) as needed for preparation of an Environmental Impact Statement (EIS). The project-level document will tier from the program environmental document that was prepared for the statewide HSR system in 2005 and will assess the effects of the HMF in more detail than the first-tier environmental document.

This NOP initiates the project-level CEQA process and the preparation of an EIR for the Central Valley HMF Project. The Authority is issuing this NOP to solicit public and agency input on the development of the scope of the EIR and to advise the public that outreach activities will be conducted by the Authority and its representatives in the preparation of the CEQA and NEPA documents.

Pursuant to U.S. Code (U.S.C.) Title 23 Section 327, under the NEPA Assignment Memorandum of Understanding between the Federal Railroad Administration (FRA) and the State of California, amended July 22, 2024, the Authority is the federal lead agency for environmental reviews and approvals for all Authority Phase 1 and Phase 2 California HSR System projects, including ancillary facilities, such as the proposed Central Valley HMF Project. In this role, the Authority is the project sponsor and the lead federal agency for complying with NEPA and other federal laws for the California HSR System, including the Central Valley HMF Project. The FRA will publish an NOI in the Federal Register, announcing the intention to initiate the federal environmental review process for the Central Valley HMF Project.

The Authority and the FRA completed a Final Program EIR/EIS for the Proposed California High-Speed Train System (Statewide Program EIR/EIS) in 2005 as the first phase of a tiered environmental review process for the proposed California HSR System. The Statewide Program EIR/EIS established the purpose and need for the HSR system, analyzed an HSR alternative, and compared it with a No Project/No Action Alternative and a modal alternative that involved expanding airports, freeways, and conventional rail to meet the State’s future transportation needs. The Authority certified the Statewide Program EIR under CEQA and approved the proposed HSR system, and the FRA issued a Record of Decision under NEPA for the Statewide Program EIS. The Authority and FRA made the following first-tier programmatic decisions: selected the HSR alternative for intercity passenger travel in California between the major metropolitan centers of Sacramento and the San Francisco Bay Area in the north, through the Central Valley, and the cities of Los Angeles and San Diego in the south; selected very high-speed, electrified steel-wheel-on-steel-rail technology; selected certain general alignment corridors and general station locations to be studied in more detail in second-tier environmental documents; and adopted programmatic mitigation strategies and design practices. 494