Porterville City Council
January 18, 2022

City Council Agenda January 18, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 18, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville - City Council Meeting of January 18, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83940494469?pwd=TCsrTWlFbnVieWJucEZYVmpRTnVzZz09 Or via Telephone: 1-669-900-6833 Webinar ID: 839 4049 4469 Passcode: 686621 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 302-480-001, 302-130-028, and 302-130-015. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Rick Perigo Roadsiding. Under Negotiation: Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Fire Officers Series, Porterville City Firefighters Association, Public Safety Support Unit, Management & Confidential Series, Porterville City Employees Association, and all unrepresented management employees.

3 - Government Code Section 54956.95 – Liability Claim: Claimant: Christopher J.

Kyle. Agency claimed against: City of Porterville.

City Council Agenda January 18, 2022

4 - Government Code Section 54956.95 – Liability Claim: Claimants: Alfonso Godoy and Alma Pineda Ibarra. Agency claimed against: City of Porterville.

5 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Statewide Traffic Safety and Signs, inc. v. California Professional Engineering, et al., and related cross complaints, Tulare County Superior Court Case No. 284137.

6 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Five (5) cases in which facts are not yet known to potential plaintiff.

7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED SESSION:

Pledge of Allegiance Led by Mayor Reyes
Invocation

PRESENTATIONS
Employees of the Month

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. - Tulare County Regional Transit Agency (TCRTA) Subcommittee - January 3, 2022 - Eastern Tule Groundwater Sustainability Agency - January 6, 2022 - Internal City Audit Committee - January 6, 2022
- Tulare County Regional Transit Agency - January 10, 2022 - Tulare County Water Commission - January 10, 2022
- Cal Cities South San Joaquin Valley Division Policy Committee - January 13, 2022

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings
City Council Agenda January 18, 2022

1. Parks & Leisure Services Commission - January 6, 2022

2. Library & Literacy Commission - January 11, 2022

3. Arts Commission

4. Animal Control Commission

5. Youth Commission - January 12, 2022

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
Water Conservation Phase IV Status Update - December 2021

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Purchase Playground Equipment Through Community Development Block Grant Park Improvement Funds
Re: Consideration to authorize the purchase of playground equipment for Murry Park, through Community Development Block Grant Park Improvement Funds from Ross Recreation not to exceed $55,640.78.

2. Fire Department Vehicle Purchase
Re: Consideration to authorize staff to negotiate for the purchase of two vehicles up to a cost of $80,000 per vehicle.

3. Authorization to Distribute Request for Proposals for Fair Housing Education Services Re: Consideration of approval to distribute a joint RFP with the City of Hanford for fair housing education services.

4. Authorization to Distribute Request for Proposals for Permanent Local Housing Allocation Year 2 Funding
Re: Consideration to authorize to Distribute Request for Proposals for Permanent Local Housing Allocation (PLHA) Year 2 Funding

5. Authorization to Distribute a Request for Qualifications for Design Services - Remodel/Addition of Fire Stations
Re: Consideration to authorize staff to distribute a Design Services Request for Qualifications for the remodel of the City's three existing fire stations.

6. Authorization to Contract for GIS Imagery Base Mapping Re: Authorization to enter into a 3-year term Agreement with Nearmap for imagery GIS integration at a cost not to exceed $ 32,175.

7. Acceptance of Project - Temporary Library
Re: Consideration to accept the project as completed by TMJ Construction, Inc., which consisted of the remodel of the existing tenant space located at 50 W. Olive Avenue, Unit B.

8. Authorization to Apply for Clean California Local Grant Program (CCLGP) Funds City Council Agenda January 18, 2022

Re: Considering authorization to apply for grant funds for improvements to the Rails to Trails between Henderson and Walnut Avenues.

9. Authorization of Technology Infrastructure for the Temporary Library Facility Re: Consideration of authorization to purchase computers and peripheral technological equipment as well as install associated infrastructure through the San Joaquin Valley Library System (SJVLS) for the temporary library facility located at 50 West Olive, Suite B.

10. Prop 68 Rural Recreation and Tourism Program Resolution Re: Consideration to adopt the draft Resolution approving the application for Proposition 68 Rural Recreation and Tourism Program Funds.

11. Approval of Resolution to Execute the Airport Rescue Grant Agreement for the Porterville Municipal Airport
Re: Consideration to approve the draft Resolution authorizing the Finance Director to execute the American Rescue Grant Agreement for the Porterville Municipal Airport for a $32,000 grant to prevent, prepare for and respond to the coronavirus pandemic.

12. Status Report - Developer Impact Fees
Re: Consideration to accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2021.

13. City Council Member Requested Agenda Item - Consideration and Review of the City's Fireworks Ordinance
Re: Consider Mayor Reyes' request to consider and review the City's Fireworks Ordinance.

14. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

PUBLIC HEARINGS:

15. Consideration of Revised City Council District Electoral Boundaries as Required by California Elections Code Section 21621 - Public Hearing No. 2 Re: Receiving public comment concerning the redrawing of boundaries of Council Member districts.

SCHEDULED MATTERS

16. Consideration of Sphere of Influence Amendment
Re: Consideration to adopt the draft Resolution for the addendum to the Mitigated Negative Declaration of Environmental Impact; adopt the draft Resolution making application to Tulare LAFCO for consideration of a UDB/SOI amendment, and direct staff to process SOI amendment through Tulare LAFCO.

17. Status and Review of Proclamation of Local Emergency: COVID-19 Re: Considering approval of the continuation of the Proclamation of Local Emergency due to COVID-19.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
City Council Agenda January 18, 2022

Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of February 1, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Water Conservation Phase IV Status Update - December 2021 SOURCE: Public Works
COMMENT:

The City has continued to implement an active water conservation approach, both conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of December 1, 2021. The Water Conservation Plan applies to all municipal water users within or outside city limits.

The Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed watering on Tuesday and Saturday and "even" addresses allowed watering on Wednesday and Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Thursday or Friday. Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

The Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed watering on Saturday and "even" addresses allowed watering on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday.

Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day in which the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will be responding to enforcement by issuing a Notice of Violation for all witnessed occurrences and staff will be processing all reported issues.

Enforcement statistics for the month of December 2021 show that a total of ten (10) notices of violation were issued for water wasting, and eight Administrative Citations were issued.

Water production for December 2021 shows a five percent (5%) decrease from the 5-year average. The monthly production for December 2021 was 182 million gallons, which is a ten percent (10%) decrease in comparison to the monthly production for December 2013 of 194 million gallons. Residential consumption for December 2021 was 66.12 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will be evaluating conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013; and 2) Calculate cumulative conservation totals in relation to GPCD, in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total of production for the City of Porterville's conservation efforts will reflect June 2015 through December 2021. Porterville's cumulative total production conservation through December 2021 is 19.92%. The cumulative total of GPCD for the City of Porterville's conservation efforts will reflect June 2015 through December 2021. Porterville's cumulative total GPCD conservation through December 2021 is 24.5%.

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of 28% with an additional 2% reduction for climate adjustment, making the City’s conservation standard 26%.

After reviewing the Water Board's Self-Certification criteria for drought impacts to water supplies, the City of Porterville Council approved maintaining a self-imposed standard of 26%. The continuation of the current conservation goals keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, meets the minimum 20% conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board continues to require monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed into effect Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their 2020 levels due to extended excessive drought conditions.

Water production for the city system shows a ten percent (10%) decrease from December 2020 to December 2021.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status December 2021

2. Monthly Production Status GPCD December 2021

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through December 2021 Production Comparison to 2013 & 5 Year Average 2013
2016
2017
2018
2019
2020
2021
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through December 2021 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2016
2017
2018
2019
2020
2021
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
Item No. 1.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Purchase Playground Equipment Through Community Development Block Grant Park Improvement Funds
SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department purchases park amenities through Community Development Block Grant (CDBG) Park Improvement Funds on an annual basis as funding permits. For fiscal year 2021/22, there are enough funds to purchase a piece of playground equipment. A stipulation of the funding source is that the project must take place within an eligible census tract.

Eligible City parks include Murry Park, Zalud Park and Fallen Heroes Park.

The equipment is recommended to be installed just south of the existing lower playground in Murry Park along North Corona Drive. The equipment would be installed within an existing empty concrete framed area and is presently not used for any purpose.

The proposed piece of playground equipment would be a new type unlike any others within City parks called a global motion spinning climber. This freestanding rotating climber packs in plenty of exciting activities- climbing, turning and running. It provides two levels of climbing, both on the outside and inside. The built-in progressive resistance mechanism provides kids with a rousing ride, but always maintains a reasonable maximum speed. Also, the height of the lower deck is appropriate for wheelchair transfer, offering inclusive fun.

Three vendors that the City has purchased playground equipment from in the past provided quotes. The vendors submitted quotes based on what they carried in the climber type line that would fit in the designated project space. The vendors and quotes were:

Ross Recreation: $50,582.53
Pacific Play Systems: $109,500.00
Park Planet: $139,609.28
At its meeting on January 6, 2022, the Parks and Leisure Services Commission recommended the new playground equipment be purchased and installed at Murry Park with CDBG Park Improvement Funds.

RECOMMENDATION: That the City Council authorize the purchase of playground equipment for Murry Park, including installation, through Community Development Block Grant Park Improvement Funds Item No. 1.
from Ross Recreation not to exceed $55,640.78, which includes ten percent (10%) contingency should any unforeseen
circumstances arise during installation.

ATTACHMENTS: 1. Global Motion Spinning Climber Quotes
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

Item No. 2.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Fire Department Vehicle Purchase
SOURCE: Fire
COMMENT: The vehicles currently in use by the Fire Chief and the Fire Marshal (who also serves as the Fire Investigation Unit Supervisor) have both been fully depreciated and are in need of replacement; both vehicles are over twelve (12) years old and can no longer meet the needs for emergency response. At this time, the Fire Department needs to replace these vehicles and funds are available through Measure I.

In light of the nationwide shortage of new vehicles due to supply chain issues, staff has been challenged to find vendors willing to commit to a contracted estimate for command vehicles. As a result, staff cannot rely on an opportunity to purchase vehicles through the State of California vehicle procurement process. This will likely result in increased costs associated with the vehicles.

For example, the MSRP for a 2022 Chevy Tahoe is $71,020.

Staff is requesting that the City Council authorize staff to negotiate for the purchase of these vehicles up to a cost of $80,000 per vehicle, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as up to $30,000 per vehicle for all the necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $121,000 per vehicle.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate for the purchase of two vehicles up to a cost of $80,000 per vehicle, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees;

2. Authorize staff to negotiate up to $30,000 per vehicle for all the necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors.

Item No. 2.

3. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $121,000 per vehicle.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
Item No. 3.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Distribute Request for Proposals for Fair Housing Education Services
SOURCE: Community Development
COMMENT: As an Entitlement City for U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) the City prepares a fiveyear Consolidated Plan and annually prepares an Action plan for the use of CDBG funds. The City is tasked with furthering housing goals, which include conducting education and outreach activities to encourage compliance with federal and state fair housing law. The City Council adopted the 2021/22 Action Plan on April 20, 2021, which included an allocation of $15,000 to contract for Fair Housing Education Services, a public service activity, in an effort to further housing goals.

At this time, staff is requesting authorization to distribute a Request for Proposal (RFP) for the CDBG Program, for fair housing education services. The CDBG program proposes to (1) Provide culturally appropriate outreach and fair housing education opportunities for the varying needs of families and individuals within the City of Porterville and (2) Provide landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination.

The selected subrecipient will need to demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described in the RFP.

The RFP will request fixed costs for the tasks listed in the Scope of Work within the RFP.

Additionally, staff is requesting authorization to issue this RFP jointly with the City of Hanford, where they will allocate an additional $19,000 of their CDBG funding, bringing the total available for the RFP to $34,000. There is a limited number of Fair Housing Agencies in the area. This approach would make the RFP more attractive and streamlined.

RECOMMENDATION: That the City Council authorize staff to distribute a joint Request for Proposal for $34,000 for Fair Housing Education Services, which includes $15,000 from the City of Porterville’s 2021/22 CDBG allocation and $19,000 to be provided by the City of Hanford.

ATTACHMENTS: 1. Request for Proposals for Fair Housing Education Services Appropriated/Funded:

Item No. 3.

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

REQUEST FOR PROPOSALS FOR FAIR HOUSING EDUCATION SERVICES RFP No. 21/22 - SR1924
The Cities of Hanford and Porterville (“Collaborative Partners”) are jointly soliciting proposals from qualified organizations for the development, implementation, and administration of a Fair Housing Education Program starting March 2022. The program includes Fair Housing education and outreach as described in this RFP. This program shall be funded through Community Development Block Grant (CDBG) funds and is required to be operated in compliance with all pertinent federal regulations, including but not limited to, 24 CFR Part 570 and OMB Circular A-122 and A-133.

Submittal: One PDF file must be received by:
5:00 p.m., Friday, February 4, 2022
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 21/22 - SR1924 Fair Housing Education Services Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the Cities and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than 4:00 p.m. Wednesday, February 2, 2022.

REQUEST FOR PROPOSALS

FAIR HOUSING EDUCATION SERVICES

INFORMATION
Background
The Cities of Hanford and Porterville are entitlement communities and participating jurisdictions under the United States Department of Housing and Urban Development's (HUD's) Community Development Block Grant (CDBG) Program.

As HUD-funded grant recipients, each City is obligated under various laws not to discriminate in housing or services directly or indirectly on the basis of race, color, religion, sex, national origin, age, familial status, sexual orientation, gender identity, or disability. A strong commitment to affirmatively further fair housing is a requirement for participating in HUD's many housing and community development programs. The Fair Housing Act specifies that federal grantees shall administer programs and activities relating to housing and urban development in a manner that affirmatively furthers the policies outlined in Section 808(e)5.

The Housing and Community Development Act of 1974, as amended, is the dominant statute for the Community Development Block Grant (CDBG) program. It requires that each federal grantee certify to HUD's satisfaction that (1) the awarded grant will be carried out and administered according to the Fair Housing Act, and (2) the grantee will work diligently to affirmatively further fair housing. This certification to HUD may be implemented through the Consolidated Plan process. Under the Consolidated Plan, HUD- funded recipients are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, sexual orientation, gender identity, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the nondiscrimination requirements of the Fair Housing Act.

Overview
The Cities of Hanford and Porterville (“Collaborative Partners”) are jointly soliciting proposals from qualified organizations for the development, implementation, and administration of a Fair Housing Education Program starting March 2022. The program shall include Fair Housing education and outreach. This program shall be funded through Community Development Block Grant (CDBG) funds and is required to be operated in compliance with all pertinent federal regulations, including but not limited to, 24 CFR Part 570 and OMB Circular A-122 and A-133.

Purpose
The purpose of this proposal is to select and contract with a qualified organization to provide fair housing education services to the Cities of Hanford, Porterville and their residents. This coordinated RFP provides a streamlined process for the Collaborative Partners to review applications and award funding to the organization that best satisfies the conditions of this

RFP. The City of Porterville is issuing this RFP as it is serving as the lead entity to the Collaborative Partners.

Collaborative Partners and Funding Availability
 City of Hanford
Hanford is a commercial and cultural center in the south-central San Joaquin Valley and the county seat of Kings County, California. Incorporated in 1891, Hanford has steadily flourished into a community of more than 56,000 citizens. Hanford is proud of its small-town charm and rich history, and offers its residents a high quality of living along with larger-city amenities. The anticipated funding for Fair Housing education services is $19,000 for FY21/22.

Contact: Sandra Lerma, Housing Administrative Analyst
[email protected], (559) 585-4766
www.ci.hanford.ca.us
 City of Porterville
Incorporated in 1902, the City of Porterville is located on the Tule River at the base of the western foothills of the Sierra Nevada, and has an approximate population of 59,571. The City’s Community Development Department administers the CDBG Program. The anticipated funding for Fair Housing education services is $15,000 for FY 2021/22. The maximum proposal request may not exceed $15,000 for a one-year period.

Contact: Luisa Zavala, Administrative Analyst
[email protected], (559) 782-7460
www.ci.porterville.ca.us
Contract Period
The initial term of the contract shall be from March 2022 and ending on June 30, 2024, contingent on funding. Extensions may be granted for additional years by the Cities contingent upon satisfactory performance by the contractor and availability of funding. This program will be funded with Community Development Block Grant (CDBG) funds and as such is required to be operated in compliance with all pertinent federal regulations, including but not limited to, 24 CFR Part 570 and OMB Circular A-122 and A-133.

Eligibility Information
Open to all agencies; non-profit and for-profit. Applicant must demonstrate a thorough knowledge of fair housing laws and regulations, as well as experience in implementing fair housing programs.

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

The right is reserved by the Cities of Hanford and Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract, according to the proposal which best serves the interest of the Cities.

Insurance Requirements
Insurance must be procured prior to the execution of a contract. The selected agency will need to comply with each Collaborative Partner’s insurance requirements. The insurance policies must be maintained for the duration of the contract.  City of Hanford & City of Porterville –
The selected agency will be required to carry and provide certificates of insurance for general and automobile liability insurance as follows:
o General Liability (bodily injury and property damage)* o Professional Liability (errors and omissions)*
o Automobile Liability*
o Workers Compensation - Statutory Limits
*All must provide a combined single limit (CSL) of not less than $1 million per occurrence.

Payment for Services
Each City will pay the Fair Housing Provider, per their individual contract and/or agreement, an amount to be mutually agreed upon between the Fair Housing Provider and the City.

Provider shall bill each City at the address set forth in each City’s contract, for services rendered under this Scope of Work.

Scope of Work
The following scope of work provides an outline of services that are expected to be offered as part of the Fair Housing Education Services. The consultant may modify the desired scope of work presented below only if, based on their professional expertise and knowledge, they can provide an approach that will effectively address the goals of this project; however, the consultant shall identify and explain any modifications to the requested scope.

Task 1 ‐ Fair Housing Education
a. Develop and present virtual seminars (English & Spanish) on fair housing law and issues for landlords, tenants, brokers, realtors and lenders. To include a minimum of the following:
a. (2) Community presentations
b. (2) Landlord trainings
This effort shall include education and promotion of available housing vouchers.

b. Provide training to City staff/electeds regarding fair housing issues, laws, reasonable accommodation, resources, AFFH and current events (annually, which may be held virtually.)
c. Provide City staff with information and analysis of existing and proposed state and federal fair housing legislation, as needed and requested. d. Provide one-to-one education sessions for Porterville and Hanford residents for a minimum of 6 hrs/mo.

Task 2 ‐ Fair Housing Outreach
a. Develop, produce, and provide for distribution to the public, fair housing brochures and/or pamphlets regarding fair housing law and regulatory issues. These materials shall be available in both English and Spanish.
b. Seek media exposure through print, radio, television, social media, and the internet. c. Participate in community events to distribute fair housing information (minimum of one event annually per City).

TASK 3 ‐ Reporting and Recordkeeping
a. The Contractor will be required to prepare and submit monthly financial reports, program progress, evaluations and other reports, as required by 24 CFR 570.507, OMB Circular A-110, HUD, and/or the Cities. Provide the Cities of Hanford and Porterville with monthly reports (attached to invoice) containing, at a minimum, the income level, race, and ethnicity of the clients served, along with services provided, if one-one service is provided. Reports on activities in Task 1 (Education), Task 2 (Outreach), and 3 (Reporting and Recordkeeping) must be provided monthly with Invoice. CDBG funds will be used to cover the contract, so proposers must be familiar with CDBG and other federal-funding requirements for reporting and billing purposes.
b. Maintain records for at least five years after the close of the project/contract with each City. After this period, the agency and subcontractor shall dispose of records via shredding or similar technique.
c. Financial Reports/Reimbursement Claims & Performance Reports Due Dates:
o Due the 15th day of each month for the previous month- if activity took place NOTE: This is a cost reimbursement program and no funds will be provided up-front. Backup documentation will be required for all costs submitted for reimbursement. Only those items in the approved budget, or an approved amendment, will be eligible for reimbursement.

Submission of Questions
All questions should be directed via email to Luisa Zavala, City of Porterville, at [email protected] no later than Wednesday, February 2, by 4:00 p.m.

Addenda
It is the responsibility of respondents to check the Public Purchase webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFQ.

Proposal Submittal
Proposals shall be submitted to the City of Porterville, via the Public Purchase website, by 5:00 pm on Friday, February 4, 2022. To be considered, providers must submit a complete response to this RFP using the format required on the Public Purchase website https://www.publicpurchase.com or via email to [email protected].

Proposal Content and Format
Proposals should meet the stated requirements and propose the best methods to accomplish the work within the stated budget. The organization of proposals should follow the general outline below:

1. Transmittal Letter and Signature
The transmittal letter should include the name, title, address, e-mail address, phone number, and original signature of an individual with authority to negotiate on behalf of and to contractually bind the proposer and who may be contacted during the period of proposal evaluation. The letter should include a brief overview of the consulting firm(s), including location, size and expertise. The letter shall also contain a statement to the effect that the proposal is a firm offer for a 90-day period. Only one transmittal letter need be prepared to accompany all copies of the proposal.

2. Title Page
Indicate RFP subject, name of proposer's firm, local address, and telephone number, name of contact person, e-mail address, and date of proposal.

3. Table of Contents
Include a listing of the major sections in the proposal along with the associated page numbers.

4. Understanding of the Project
The proposal should include a brief narrative introducing the proposer's understanding of the project requirements. The contents of this section are to be determined by the particular respondent but should demonstrate understanding of the unique characteristics of this project and the requirements of the project in the scope of work contained in the RFP.

5. Scope of Services
The scope of work for Fair Housing Education Services will, at a minimum, contain the following work tasks: Fair Housing Education, Fair Housing Outreach, and Reporting and Recordkeeping.

The scope of work for Fair Housing Education Services will support the policies and goals of the Analysis of Impediments, Consolidated Plan, and Action Plan, and any other relevant plans.

6. Schedule of Tasks
The proposal shall contain a detailed schedule identifying major tasks and a timeframe for each task.

7. Project Management
Prospective consultants shall designate by name the project manager to be employed. The selected consultant shall not cause substitution of the project manager without prior approval by the Cities.

8. Project Personnel
The prospective consultant shall describe the qualifications of all professional personnel who will be assigned to the project, including a summary of similar work or studies performed, a resume for each professional, a statement indicating how many hours each professional will be assigned to the contract, and what tasks each professional will perform. The contractor shall not cause members of the project team to be substituted without prior approval of the Cities.

9. Project Costs
The prospective consultant shall prepare a detailed cost proposal for the work to be performed as described in the Scope of Work. The cost proposal shall itemize all items that will be charged to each City. Costs shall be segregated to show actual costs, including hours, rates, classifications, administrative and overhead rates, and direct and indirect expenses. If subcontractors are to be used, the prospective consultant must indicate any markup that the prospective consultant plans to take on subcontractors. The same breakdown of subcontract costs shall be provided as is required for contractor costs above.

Note: The applicant must be aware the request/program is contingent upon receivable funds from HUD.

Proposal Evaluation
Proposals submitted by each consultant who meets the proposal requirements will be evaluated separately by a proposal review panel made up of City staff to determine the necessity for verbal interviews in the first phase of the proposal evaluations. The evaluation will be based on information provided in response to the RFP and information provided by former clients for whom work of a similar scope has been done. Evaluation considerations include the following:

 Qualifications of Project Team. The qualifications of consultant firm and each team member and sub consultant.
 Experience. The relevant and current experience of each member of the team, detailing the team member’s involvement with the projects described and the outcomes (i.e., meet timeline, adoption, etc.).  Quality of Work Plan. The approach to be taken by the Consultant, including the scope of services and deliverables.
 Comprehensiveness. Ability to provide comprehensive, clear, and concise answers to the information requested by the RFP.
 Schedule. Proposal of an effective timeline allotting reasonable time ranges per task and demonstration of ability to meet project schedule.  Knowledge. Demonstrated knowledge of federal, state, and local laws, rules, and regulations.
 Past Performance. Work previously performed for similar governmental agencies.

The Cities of Hanford and Porterville reserve the right to select a consultant based solely on the written proposals and not convene verbal interviews. If verbal interviews are needed, the top consulting firms will be invited to make a formal presentation to a selection committee in the second phase of the proposal evaluations.

Modifications or Withdrawal of Proposals
Any proposal received prior to the date and time specified above may be withdrawn or modified by written request of the consultant. All verbal modifications of these conditions or provisions are void as ineffective for proposal evaluation purposes.

Rejection of Proposals
Failure to meet the requirements of the RFP will be cause for rejection of the proposal.

The Cities of Hanford and Porterville may reject any proposal if it is conditional, incomplete, contains irregularities, or has inordinately high costs. The Cities reserve the right to reject any and all proposals without cause and may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the RFP's documents or excise the proposer from full compliance with the contract requirements, if the proposer is awarded the contract. Note: The applicant must be aware the program is contingent upon receivable funds from HUD.

EXHIBIT A
Consultant Services Budget and Staffing Plan
See RFP – Scope of work for details of budget items below.

ESTIMATED BUDGET
Line Item Budgeted Amount
Salaries $
Fringe $
Office Space (program only) $
Payroll Processing $
Communications $
Reproduction/Printing $
Supplies and Materials $
Mileage $
Audit $
Insurance $
Other (Specify) $
Indirect Costs (Specify) $
TOTAL: $

*Provide a staffing plan for accomplishing the tasks listed in the Scope of Work section of the RFP and indicated in the Estimated Budget above.

STAFFING PLAN
Job Title Duties Estimated
no. of Hours Hourly Rate

EXHIBIT B
Proposal Evaluation Criteria
Consultant/Firm Name: _____________________________________________ Each proposal will be evaluated on the basis of the following criteria and assigned a numerical score. A minimum of 75 is required for applicants to be placed on the list for further consideration.

Evaluation Criteria Points Possible
Fair Housing Experience 25
• Years of experience with fair housing education similar to the services outlined in the Scope of Work

Qualifications 25
• Educational or professional levels of management and
supervisors.
• Training requirements for staff answering inquiries.
• Ability to work collaboratively with landlords, property managers, diverse racial and cultural groups and other
community stakeholders.

Diversity 25
• Strength of plan to reach diverse racial and cultural groups to provide fair housing information and education.
• Ability to assist persons with limited English proficiency.

Outreach 25
• Strength of plan for outreach and community engagement. • Coordination with organizations serving low-income and minority populations in Porterville & Hanford.
• Number of staff hours committed to working onsite in the communities of Hanford and Porterville

Total Points Possible 100
Bonus Points: Local Agency 15
Proposal Score

Rating Committee: __________________________________________ Date: ____________________

EXHIBIT C
Subrecipient Agreement Sample
City of Porterville Page 1 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF PORTERVILLE, CALIFORNIA
AND
___
FOR
2021-2022

THE CITY OF PORTERVILLE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FAIR HOUSING EDUCATION SERVICES
City of Porterville Page 2 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022

TABLE OF CONTENTS
FAIR HOUSING EDUCATION SERVICES .................................................................................... 1 ARTICLE 1- PROJECT............................................................................................................... 5 SECTION 1: SCOPE OF SERVICES......................................................................................................5 A. Activities.....................................................................................................................................................5

1. General Statement.................................................................................................................................5

2. Program Delivery ...................................................................................................................................6

3. Administration .......................................................................................................................................7 B. National Objectives ....................................................................................................................................7 C. Goals and Performance Measures/Milestones..........................................................................................7 D. Staffing........................................................................................................................................................7 E. Performance Monitoring ............................................................................................................................7 F. Special Conditions ......................................................................................................................................8 SECTION 2: PROJECT DESCRIPTION .................................................................................................8 SECTION 3: TERM OF AGREEMENT..................................................................................................8 SECTION 4: PROGRAM REPORTING.................................................................................................8 ARTICLE 2- FINANCIAL MANAGEMENT ................................................................................... 9 SECTION 1: PAYMENTS AND BUDGET .............................................................................................9 A. General Statement .....................................................................................................................................9 B. Payments....................................................................................................................................................9 C. Budget: Program Year 2021-2022 ..............................................................................................................9 D. Termination: .............................................................................................................................................10 E. Closeout....................................................................................................................................................10 SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING...............................11 SECTION 3: REIMBURSEMENT.......................................................................................................12 SECTION 4: PROGRAM INCOME....................................................................................................12 SECTION 5: INDIRECT COSTS ........................................................................................................12 SECTION 1: NOTICES.....................................................................................................................13 A. General Compliance .................................................................................................................................13 B. “Independent Contractor”........................................................................................................................14 C. Hold Harmless...........................................................................................................................................14 D. Workers’ Compensation...........................................................................................................................14 E. Insurance & Bonding ................................................................................................................................14

1. Insurance .............................................................................................................................................14

2. Minimum Scope and Limits of Insurance.............................................................................................15 a. Commercial General Liability (CGL).................................................................................................15 b. Automobile Liability ........................................................................................................................15 c. Workers’ Compensation .................................................................................................................15 d. Professional Liability (Errors and Omissions)..................................................................................15

3. Deductibles and Self-Insured Retentions.............................................................................................15

4. Other Insurance Provisions..................................................................................................................15 a. General Liability and Automobile Liability Coverages.....................................................................15

5. Acceptability of Insurers......................................................................................................................16

6. Verification of Coverage ......................................................................................................................16 City of Porterville Page 3 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022

7. Waiver of Subrogation.........................................................................................................................16

8. Special Risks or Circumstances ............................................................................................................16

9. Subcontractors.....................................................................................................................................17 F. Licensing ...................................................................................................................................................17 G. Amendments............................................................................................................................................17 H. Failure to Perform ....................................................................................................................................17 I. Suspension or Termination.......................................................................................................................17 J. Ownership of Documents.........................................................................................................................18 SECTION 3: ADMINISTRATIVE REQUIREMENTS..............................................................................18 A. Financial Management.............................................................................................................................18

1. Accounting Standards..........................................................................................................................19

2. Cost Principles......................................................................................................................................19 B. Documentation and Record Keeping........................................................................................................19

1. Records to be Maintained ...................................................................................................................19

2. Retention .............................................................................................................................................19

3. Client Data ...........................................................................................................................................19

4. Disclosure.............................................................................................................................................19

5. Audits & Inspections............................................................................................................................20 C. Citizen Participation..................................................................................................................................20 D. Procurement.............................................................................................................................................20

1. Compliance: .........................................................................................................................................20

2. Standards.............................................................................................................................................20 E. Travel ........................................................................................................................................................20 F. Use and Reversion of Assets.....................................................................................................................20 SECTION 4: RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT .............................................................................................................................21 SECTION 5: PERSONNEL & PARTICIPANT CONDITIONS...................................................................21 A. Civil Rights ................................................................................................................................................21

1. General Compliance.............................................................................................................................21

2. Nondiscrimination ...............................................................................................................................22

3. Land Covenants....................................................................................................................................23

4. Section 504 ..........................................................................................................................................23

5. Architectural Barriers Act/Americans with Disabilities Act .................................................................23

6. Notice of Non-Discrimination ..............................................................................................................23 B. Affirmative Action.....................................................................................................................................23

1. Approved Plan......................................................................................................................................23

2. Women- and Minority-Owned Businesses (W/MBE) ..........................................................................24

3. Access to Records ................................................................................................................................24

4. Notifications.........................................................................................................................................24

5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement...................................24

6. Subcontract Provisions ........................................................................................................................24 C. Employment Restrictions..........................................................................................................................24

1. Prohibited Activity ...............................................................................................................................25

2. Labor Standards...................................................................................................................................25

3. Drug-Free Workplace...........................................................................................................................25

4. “Section 3” Clause................................................................................................................................26 a. Compliance .....................................................................................................................................26 b. Notifications....................................................................................................................................27 c. Subcontracts ...................................................................................................................................27 D. Conduct ....................................................................................................................................................27

1. Assignability .........................................................................................................................................27 City of Porterville Page 4 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022

2. Subcontracts........................................................................................................................................27 a. Approvals ........................................................................................................................................27 b. Monitoring ......................................................................................................................................27 c. Content ...........................................................................................................................................27 d. Selection Process ............................................................................................................................27

3. Hatch Act .............................................................................................................................................28

4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions....................................................................................................................................28 a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency..........................................28 b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract.....................................................................28 c. The contractor further agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. ......................................................28

5. Confidentiality .....................................................................................................................................28

6. Conflict of Interest...............................................................................................................................28

7. Lobbying...............................................................................................................................................29

8. Grantee Recognition............................................................................................................................29

9. Copyright .............................................................................................................................................29

10. Religious Activities...............................................................................................................................30

11. Other Program Requirements .............................................................................................................30 SECTION 6: ENVIRONMENTAL.......................................................................................................30 A. Air and Water ...........................................................................................................................................31 B. Flood Disaster Protection .........................................................................................................................31 C. Lead-Based Paint ......................................................................................................................................31 D. Historic Preservation ................................................................................................................................31 SECTION 7: SEVERABILITY.............................................................................................................31 SECTION 8: SECTION HEADINGS AND SUBHEADINGS.....................................................................32 SECTION 9: WAIVER .....................................................................................................................32 SECTION 10: SUCCESSORS ............................................................................................................32 SECTION 11: ENTIRE AGREEMENT.................................................................................................32 SECTION 12: NO THIRD-PARTY BENEFICIARIES..............................................................................32 SECTION 13: ATTORNEYS FEES .....................................................................................................32 SECTION 14: GOVERNING LAW AND JURISDICTION ......................................................................32 City of Porterville Page 5 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF PORTERVILLE, CALIFORNIA
AND
___
FOR

THE CITY OF PORTERVILLE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered this 1st Day of __, 2022, by and between the CITY OF PORTERVILLE (herein called the “Grantee” and/or “City”) and ____, (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD) under its Community Development Block Grant Program, hereinafter “CDBG”, under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the City is a recipient of CDBG funding for fiscal year 2021-2022 for use in funding eligible activities furthering established national objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, the City desires to use a portion of CDBG funds to utilize the services of the Subrecipient to educate consumers and providers regarding fair housing rights and responsibilities, hereinafter “Fair Housing Education Services”, more specifically described in Section 1 of this Agreement; and WHEREAS, the Subrecipient represents that it has the necessary experience and expertise in providing fair housing education and outreach in a manner satisfactory to Grantee to implement the Fair Housing Education Program; and
WHEREAS, The program year 2021-2022 Annual Action Plan- CDBG allocation, approved by City Council on April 21, 2021, was $15,000; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; WHEREAS, the Subrecipient is willing to render such social services, as hereinafter defined, on the following terms and conditions; and
NOW, THEREFORE, it is agreed between the parties hereto that:

ARTICLE 1- PROJECT
SECTION 1: SCOPE OF SERVICES
A. Activities

1. General Statement: The Subrecipient will be responsible for the development, implementation, and administration of a Fair Housing Education Program. The Subrecipient City of Porterville Page 6 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 will be responsible for administering a Community Development Block Grant (CDBG) program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG program:

2. Program Delivery:

Subrecipient shall provide the following fair housing education services consistent will all applicable laws, rules and regulations:

Task 1 - Fair Housing Education
a. Develop and present virtual seminars (English & Spanish) on fair housing law and issues for landlords, tenants, brokers, realtors and lenders. To include a minimum of the following:
a. (2) Community presentation
b. (2) Landlord training
This effort shall include education and promotion of available housing vouchers. b. Provide training to City staff/electeds regarding fair housing issues, laws, reasonable accommodation, resources, AFFH and current events (annually, which may be held virtually.)
c. Provide City staff with information and analysis of existing and proposed state and federal fair housing legislation, as needed and requested.
d. Provide one-to-one education sessions for Porterville and Hanford residents for a min of 6 hrs/mo.

Task 2 - Fair Housing Outreach
a. Develop, produce, and provide for distribution to the public, fair housing brochures and/or pamphlets regarding fair housing law and regulatory issues. These materials shall be available in both English and Spanish.
b. Seek media exposure through print, radio, television, social media, and the internet. c. Participate in community events to distribute fair housing information (minimum of one event annually per City).

TASK 3 - Reporting and Recordkeeping
a. The Contractor will be required to prepare and submit monthly financial reports, program progress, evaluations and other reports, as required by 24 CFR 570.507, OMB Circular A110, HUD, and/or the Cities. Provide the Cities of Hanford and Porterville with monthly reports (attached to invoice) containing, at a minimum, the income level, race, and ethnicity of the clients served, along with services provided, if one-one service is provided.

Reports on activities in Task 1 (Education), Task 2 (Outreach), and 3 (Reporting and Recordkeeping) must be provided monthly with Invoice. CDBG funds will be used to cover City of Porterville Page 7 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 the contract, so proposers must be familiar with CDBG and other federal-funding requirements for reporting and billing purposes.
b. Maintain records for at least five years after the close of the project/contract with each City. After this period, the agency and subcontractor shall dispose of records via shredding or similar technique.
c. Financial Reports/Reimbursement Claims & Performance Reports Due Dates:
 Due the 15th day of each month for the previous month- if activity took place Subrecipient shall submit required documentation, which identifies income category qualifications, ethnicity, race, fair housing education services provided, and any other pertinent information, which HUD may require for the “Public Service,” before funds can be disbursed. See Attachment “A”.

3. Administration: Not applicable.

B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives:
benefit low/moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.

The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the National Objective of 570.208 will benefit low to moderate income persons.

C. Goals and Performance Measures/Milestones
The levels of accomplishment may include such measures as persons or households assisted with fair housing education services and should also include time frames for performance.

The Subrecipient agrees to provide the levels of program services described in Section 2: Program Delivery above.

Units of service shall be considered: The number of people who are provided fair housing education services. (See Attachment A for data fields to be collected) D. Staffing
The Subrecipient will dedicate the following staffing to the Project:

Project Oversight:

Financial Management:

Implementation:

E. Performance Monitoring
City of Porterville Page 8 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 The Grantee will monitor the performance of the Subrecipient goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee Agreement, suspension or termination procedures will be initiated.

F. Special Conditions
N/A
SECTION 2: PROJECT DESCRIPTION
Type of Project: Public Service
Project Location: Porterville, CA
Service Area: City of Porterville
Matrix Code: 05 Public Services
Basic Eligibility Citation: 24 CFR 570.201(e): Public Service Amount Funded: PY 2021-2022 $15,000
SECTION 3: TERM OF AGREEMENT
The initial term of the contract shall be from March 2022 and ending on June 30, 2024, contingent on funding. Extensions may be granted for additional years by the Cities contingent upon satisfactory performance by the contractor and availability of funding. This program will be funded with Community Development Block Grant (CDBG) funds and as such is required to be operated in compliance with all pertinent federal regulations, including but not limited to, 24 CFR Part 570 and OMB Circular A-122 and A-133.

SECTION 4: PROGRAM REPORTING
The Subrecipient shall submit such invoices and reports as are required by the City to meet its local obligations and its obligations to HUD. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include, but are not limited to the following:
 Monthly invoices and/or reports which shall include the progress made, such as number and type of service provided, or justification for lack of progress, in providing the services specified in Article 1, Section 1: Scope of Services, of this Agreement.  Monthly invoices and/or reports shall include the demographic and income information regarding person assisted by the Subrecipient through this Agreement. Monthly invoices and reports are due by the 15th of every month if activity took place.
 Closeout reports including a final performance report, inventory of all clients assisted with fair housing education services by CDBG funds, and final financial report, upon termination or completion of the services specified in this Agreement.

City of Porterville Page 9 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 ARTICLE 2- FINANCIAL MANAGEMENT
SECTION 1: PAYMENTS AND BUDGET
A. General Statement
The City shall reimburse the Subrecipient its allowable costs for the services identified in this Agreement not to exceed the annual allocation referenced under Section 2 upon presentation of properly executed reimbursement forms as provided by and approved by the City.

Allowable costs shall mean those necessary and proper costs identified in the Subrecipient’s application and budget and approved by the City unless any or all such costs are disallowed by HUD. Such reimbursement shall constitute full and complete payment by the City under this Agreement.

Any reimbursement made under this Agreement must comply with the applicable requirements of 24 CFR Part 85, or as amended 2 CFR 200. The Subrecipient may not request disbursement of funds under this Agreement until the funds are needed for payment of allowable costs.

B. Payments
Disbursement Requests must be mailed to:

City of Porterville City of Hanford
Luisa Zavala, Administrative Analyst Sandra Lerma, Administrative Analyst City of Porterville City of Hanford
291 N. Main St. 317 N. Douty St.

Porterville, CA 93257 Hanford, CA 93230
E-mail: [email protected] Email: [email protected] Payment shall be made upon receipt of completed reimbursement requests.

Reimbursement payments shall be made to:
___
Payments may be contingent upon certification of the Subrecipients financial management system in accordance with the standards specified in 2 CFR 200.

Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in Paragraph C, below, and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph C and in accordance with performance.

C. Budget: Program Year 2021-2022
Eligible costs related to Public Services expenses, direct expenses, including, but not limited to:

City of Porterville Page 10 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 Line Item Amount
Salaries
Fringe
Office Space (program only)
Payroll Processing
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Audit
Insurance
Other (Specify):

Indirect Costs (Specify):

TOTAL
Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. Any indirect costs charged must be consistent with the conditions of Article 2, Section 5 of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee.

D. Termination:

This Agreement may be terminated by the City immediately and without notice for cause or by City without cause upon thirty (30) days’ written notice of termination to Subrecipient. Upon termination, Subrecipient shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Subrecipient in order to reimburse City for any losses, damages or expenses caused by Subrecipients default under this Agreement.

E. Closeout
Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions may apply:
 Upon written request by the Subrecipient, the City shall make or arrange for payments to the Subrecipient of allowable reimbursable costs not covered by previous payments;  Disposition of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee); City of Porterville Page 11 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022  The Subrecipient 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 its designee; and  Closeout of funds will not occur unless all requirements of 24 CFR 570.509, and 2 CFR 200.343, are met and all outstanding issues with the Subrecipient have been resolved to the satisfaction of the City.

The Subrecipients obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.

SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and HUD shall have the right to audit the records of the Subrecipient as they relate to the Agreement and the activities and services described herein.

The Subrecipient shall also:
 Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes.
 Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the Subrecipients accounting records.
 Maintain payroll, financial, and expense reimbursement records for a period of five (5) years after receipt of final payment under this Agreement.
 Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City or HUD at any time during normal business hours and as often as necessary.
 Inform the City concerning any funds allocated to the Subrecipient, that the Subrecipient anticipates will not be expended during the term of this Agreement, and permit the reassignment of the same by the City to other Subrecipients.  Repay the City any funds in its possession at the time of the termination of this Agreement that may be due to the City or HUD.

City of Porterville Page 12 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022  Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by the City.

SECTION 3: REIMBURSEMENT
The City shall reimburse the Subrecipient only for actual incurred costs upon presentation of properly executed reimbursement forms as provided and approved by the City. Only those allowable costs directly related to this Agreement shall be paid. The amount of each request must be limited to the amount needed for payment of eligible costs.

In the event that the City or HUD determines that any funds were expended by the Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or HUD may order repayment of the same. The Subrecipient shall remit the disallowed amount to the City within thirty (30) days of written notice of the disallowance.

The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City.

The Subrecipient aggress that upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of the expiration and any accounts receivable attributable to the use of CDBG funds.

The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself.

The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this agreement.

SECTION 4: PROGRAM INCOME
The Subrecipient shall report monthly on all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504.

By way of further limitations, the Subrecipient may use such income only during the term of this Agreement and only for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the City at the completion of the Agreement. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee.

SECTION 5: INDIRECT COSTS
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipients share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.

ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS
City of Porterville Page 13 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 SECTION 1: NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Grantee/City Subrecipient
City of Porterville
291 N. Main St.

Porterville, CA 93257
(559) 782-7460
[email protected]
SECTION 2: GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart J and subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.

The Subrecipient also agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

The Subrecipient shall comply with all applicable Federal laws, regulations, and requirements and all provisions of this Agreement, which include compliance with the provisions of the HCD Act and all rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies, administrations, and commissions relating to the CDBG Program. The applicable laws and regulations include, but are not limited to:
 24 CFR Part 570;
 2 CFR 200:
 24 CFR 570.502 (a), (b);
 OMB Circular A-128, “Audits of State and Local Governments”;  The Davis-Bacon Fair Labor Standards Act;
 The Contract Work Hours and Safety Standards Act of 1962;  Copeland “Anti-Kickback” Act of 1934;
 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA);
 Title VI of the Civil Rights Act of 1964; (Public Law 88-352 implemented in 24 CFR Part 1) City of Porterville Page 14 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022  Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (Public Law 90-234 and Executive Order 11063 as amended by Executive Order 12259 (implemented in 24 CFR Part 107);  Sections 104(b) and 109 of the Housing and Community Development Act of 1974;  Section 3 of the Housing and Urban Development Act of 1968;  Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904;
 Non-discrimination in employment, established by Executive Order 11246 (as amended by Executive Orders 11375 and 12086);
 Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility Standards;  The Architectural Barriers Act of 1968;
 The Americans With Disabilities Act (ADA) of 1990;
 The Age Discrimination Act of 1975, as amended;
 National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended;  Lead Based paint regulations established in 24 CFR Parts 35, 570.608, and 24 CFR 982.401;  Asbestos guidelines established in CPD Notice 90-44;
 HUD Environmental Criteria and Standards (24 CFR Part 51);  The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;  Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;  Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.); and  Flood Disaster Protection Act of 1973.

B. “Independent Contractor”
Nothing contained in this Agreement is intended, or shall be construed in any manner to create or establish the relationship of employer/employee between the Grantee and the Subrecipient.

The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.

C. Hold Harmless
To the extent permitted by law, the Subrecipient agrees to hold harmless, defend and indemnify the City and its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of any actions, claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Subrecipients performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding

1. Insurance: The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from City of Porterville Page 15 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

2. Minimum Scope and Limits of Insurance: Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001 1207 covering CGL on an “occurrence” basis, including products-completed operations, personal and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8), and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with a limit of no less than $1,000,000 per occurrence and $1,000,000 aggregate.

Contractor’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.

Contractor may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Contractor shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection A.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

3. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Alternatively, the City may require the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

4. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
a. General Liability and Automobile Liability Coverages:

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022  The City and its officers, officials, employees, and volunteers are to be covered as additional insured on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations; products used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.  For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall be non-contributory.
 Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.  The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

6. Verification of Coverage: Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements 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 Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

7. Waiver of Subrogation: Contractor hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Contractor agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

8. Special Risks or Circumstances: Entity reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022

9. Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Licensing
The Subrecipient agrees to comply with and obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certifications and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services.

In the event of an investigation or suspension regarding any Subrecipient licenses related to the services for which the City is providing funding under this Agreement, the City may terminate this Agreement and withhold further Agreement funds. In addition, monies already received under this Agreement may be owed back to the City.

G. Amendments
The parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, State or local governmental guidelines, policies or available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Failure to Perform
In the event of a failure by the Subrecipient to comply with any terms or conditions of this Agreement or to provide in any manner activities or other performance as agreed herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, or prohibit the Subrecipient from incurring additional obligation of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of the City’s right to suspend or terminate this Agreement. The City may consider performance under this Agreement when considering future awards.

I. Suspension or Termination
The Grantee may pursue such remedies as are available to it in accordance with 2 CFR 200.338 200.339, including but not limited to suspension or termination of this Agreement, if the Subrecipient materially fails to comply with any terms or conditions of this Agreement, which include, but are not limited to, the following:

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022  Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
 Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
 Ineffective or improper use of funds provided under this Agreement;  Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect; or
 Failure to take satisfactory corrective action as directed by the City.

In accordance with 2 CFR 100.339, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. If, in the case of a partial termination, however, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement but prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of this Agreement.

Termination under this Section shall be effective upon receipt of written notice.

In the case of a suspension or termination, monies already received under this Agreement may be owed back to the City and the City may also declare the Subrecipient ineligible for further participation in the CDBG program.

J. Ownership of Documents
All documents and other writings and electronic disks containing drawings prepared by and for Subrecipient, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City, and the City shall have the sole right to use such materials in its discretion without further compensation to Subrecipient or to any other party. Subrecipient shall, at Subrecipients expense, provide such reports, plans, studies, documents and other writings to City upon written request.

However, the City’s use of completed documents for other projects and/or the use of uncompleted documents without the written authorization of Subrecipient, will be at the City’s sole risk.

SECTION 3: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
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Fair Housing Education Services Subrecipient Agreement PY 2021-2022

1. Accounting Standards: The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles: The Subrecipient shall administer its program in conformance with 2 CFR 200 as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not be limited to:
 Records providing a full description of each activity undertaken;  Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
 Records required to determine the eligibility of activities;  Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;  Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
 Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; and  Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Retention: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later.

3. Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, demographic information and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

4. Disclosure: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipients responsibilities with respect to services provided under this Agreement, is prohibited by California law, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022

5. Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within thirty (30) days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and 2 CFR 200.

C. Citizen Participation
The Subrecipient will have processes in place (satisfaction surveys, Board representation, grievance procedures, etc.) which receive, document and utilize the input from low-income persons potentially benefiting or affected by the program or project covered under this Agreement.

D. Procurement

1. Compliance: The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.

2. Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.217 through 200.326.

E. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

F. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200.311 and 313, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:
 The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
 Real property under the Subrecipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the City of Porterville Page 21 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period [or such longer period of time as the Grantee deems appropriate].  In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (1) transferred to the Grantee for the CDBG program or (2) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.

SECTION 4: RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (1) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (2) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (3) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Grantee may, however, preempt the optional policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences.

Displacement of persons (including families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged.

SECTION 5: PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. General Compliance: The Subrecipient agrees to comply with all civil rights laws, including but not limited to FHA, Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022  Subcontractor agrees to gather and maintain such information as HUD deems necessary with respect to the racial and ethnic, gender of the head-of-household and disability characteristics of the applicants and participants to federally funded programs;  (c) Subcontractor agrees to administer their programs and activities in such a way as to not limit access on the basis of race, color, or national origin. Access to such programs by persons who have Limited English Proficiency (LEP) is protected, on the basis of national origin. LEP services in Spanish shall be provided when requested; and  (d) Subcontractor agrees to include a non-discrimination notice in informational, advertising and marketing materials for federally funded programs and ensure services comply with Section 504 noticing requirements.

2. Nondiscrimination: The Subrecipient agrees to comply with the nondiscrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable, which stipulates that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part pursuant to agreement.

Additionally, the Subrecipient shall not, on the grounds of race, color, sex/gender, sexual orientation, familial status, religion, national origin, creed, ancestry, marital status, age or disability or handicap:
 Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement;
 Provide any facilities, financial aid, services or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement;  Subject an individual to segregated or separate treatment in any facility, or in any matter if process related to receipt of any service or benefit under this Agreement;  Restrict an individual’s access to or enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Agreement;  Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or a benefit under this Agreement; and  Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this agreement.

If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Subrecipient shall take such actions City of Porterville Page 23 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 as may be required to ensure full compliance with the provisions, including sanction for noncompliance.

3. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

4. Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

Any concerns regarding this provision should be directed to the City’s ADA Coordinator, at Patrice Hildreth, (559) 782-7466.

5. Architectural Barriers Act/Americans with Disabilities Act: The Subrecipient shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under CDBG program after December 11, 1995 and that meets the definition of a “residential structure” as defined in 24 CFR Part 40.2 or the definition of a “building” as defined in 41 CFR Part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans with Disabilities Act (“ADA”) (42 USC 12131; 47 USC 155, 210, 218, and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense.

6. Notice of Non-Discrimination: Neither Grantee or Subrecipient shall not discriminate based on race, color, national origin, religion, sex, or disability in the award or implementation of this Agreement.

B. Affirmative Action

1. Approved Plan: The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program, in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966.

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Fair Housing Education Services Subrecipient Agreement PY 2021-2022

2. Women- and Minority-Owned Businesses (W/MBE): The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.

As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3. Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

4. Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipients commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity and Affirmative Action employer.

The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60), and will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

6. Subcontract Provisions: The Subrecipient will include the provisions of Section 5. A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions
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1. Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2. Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland AntiKick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

3. Drug-Free Workplace: The Subrecipient will or will continue to provide a drug-free workplace by:
 Maintaining a Zero Tolerance Drug Policy;
 Posting in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subrecipients workplace and specifying the actions that will be taken against employees for violations of such prohibition;
 Stating in all solicitations or advertisements for employees or subcontractors placed by or on behalf of the Subrecipient that the Subrecipient maintains a drug-free workplace;  Establishing an ongoing drug-free awareness program to inform employees about:
- The dangers of drug abuse in the workplace;
- The Subrecipients policy of maintaining a drug-free workplace; - Any available drug counseling, rehabilitation, and employee assistance programs; and
City of Porterville Page 26 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 - The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
 Including the provisions of the foregoing clauses in all third party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor.

4. “Section 3” Clause
a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, Subrecipient and any of the Subrecipients subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Subrecipient and any of the Subrecipients subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided.

The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient further agrees to award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or City of Porterville Page 27 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

D. Conduct

1. Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement.

2. Subcontracts
a. Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such subcontract.
b. Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content: The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis City of Porterville Page 28 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

3. Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions.
a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. c. The contractor further agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.

5. Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Subrecipient in connection with the performance of this Agreement shall be held confidential by Subrecipient. Such materials shall not, without the prior written consent of City, be used by Subrecipient for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Subrecipient which is otherwise known to Subrecipient or is generally known, or has become known, to the related industry shall be deemed confidential. Subrecipient shall not use City’s name, insignia, photographs, or the project for which Subrecipients Services are rendered, or any publicity pertaining to the Subrecipients Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent by City.

6. Conflict of Interest: The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 570.611, which include, but are not limited to the following:
 The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.  No employee, officer, or agent of the Subrecipient shall participate in the selection, the award or the administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

City of Porterville Page 29 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022  No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

7. Lobbying: The Subrecipient hereby certifies that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;  If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
 It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
 Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

8. Grantee Recognition: The Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.

9. Copyright: If this Agreement results in any copyrightable material or inventions, the Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, City of Porterville Page 30 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 publish or otherwise use, and to authorize others to use, the work or materials for governmental purposes.

10. Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

In addition to, and not in substitution for, other provisions of this Agreement regarding the provisions of services utilizing CDBG funds the Subrecipient agrees that, in connection with such services:
 It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion;
 It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and
 It will provide no mandatory religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services.

11. Other Program Requirements: The Subrecipient shall carry out each activity in compliance with all Federal laws and regulations described in 24 CFR 570 Subpart K, regardless if the law is specifically stated in this Agreement, except that:
 The Subrecipient does not assume the City’s environmental responsibilities described in Section 570.604; and
 The Subrecipient does not assume the City’s responsibility for initiating the review process under 24 CFR Part 52, Executive Order 12372.

SECTION 6: ENVIRONMENTAL
CDBG regulations require the preparation of a project Environmental Review Record (ERR) and environmental clearance before funds are expended or costs incurred. The overall governing legislation is the National Environmental Policy Act (NEPA).

City staff will complete the ERR. The time required for completion of the ERR can vary from a week to a few months. If the initial Environmental Assessment determines that an Environmental Impact Statement (EIS) or a Biological Assessment (BA) is necessary, the Subrecipient will be required to make appropriate budget modifications to assure the costs of the EIS or BA are paid for from project funds.

After completing the ERR, the City may publish a notice of a Finding of No Significant Environmental Impact (FONSI) in a local newspaper declaring the intent to request release of project funds from HUD.

After the release of the funds by HUD, the City will send the Subrecipient a written notice to begin the project. Subrecipients shall not implement any project activities or incur any project costs until receipt of the notice to proceed.

City of Porterville Page 31 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 The City must also determine whether the project meets other applicable statutory and regulatory requirements which include by are not limited to the following:

A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
 Clean Air Act, 42 U.S.C. 7401, et seq.;
 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and
 Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

SECTION 7: SEVERABILITY
City of Porterville Page 32 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be invalid, illegal or in conflict with any law, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

SECTION 8: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

SECTION 9: WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

SECTION 10: SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and successors.

SECTION 11: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

SECTION 12: NO THIRD-PARTY BENEFICIARIES
Except as expressly provided otherwise, this Agreement is intended to be solely for the benefit of the parties and shall not otherwise be deemed to confer upon or give to any other person or third party any remedy, claim, cause or action or other right.

SECTION 13: ATTORNEYS FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior or Municipal Court, whichever is applicable, in the County of Tulare, State of California for any proceeding arising hereunder.

SECTION 14: GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with the laws of the State of California. In the event of any dispute over the Agreement’s terms and conditions, the exclusive venue and jurisdiction for City of Porterville Page 33 of 33
Fair Housing Education Services Subrecipient Agreement PY 2021-2022 any litigation arising there under shall be in the Superior Court of Tulare County, California, and, if necessary for exclusive federal questions, the United States District Court for the Eastern District of California.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

Grantee:

City of Porterville, California
By______________________________
John D. Lollis, City Manager

ATTEST:

By______________________________
Subrecipient:

By______________________________
Name, Title

Patrice Hildreth, Chief Deputy City Clerk
Grantee:

City of Hanford, California
By______________________________
Mario Cifuentez II, City Manager

ATTEST:

By______________________________
Natalie Corral, City Clerk

ATTACHMENT
Item No. 4.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Distribute Request for Proposals for Permanent Local Housing Allocation Year 2 Funding
SOURCE: Community Development
COMMENT: As presented to the City Council at its meeting on May 19, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the Permanent Local Housing Allocation (PLHA) program Notice of Funding Allocation (NOFA).

This NOFA is funded from monies deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019.

At its meeting on July 21, 2020, the Council adopted the Five-Year PLHA Plan and approved the submission of the 2020 PLHA application after holding a public comment period and a Public Hearing that concluded on the same date.

The plan allocates PLHA funding over the next five years, which is estimated to be approximately $2,056,524.

On February 26, 2021, the City received the executed agreement for the FiveYear PLHA plan and Year 1 funding in the amount of $342,754. The RFP for Year 1 funding was awarded on March 16, 2021, with contingency for an amended 5-year plan to be approved by HCD.

On December 10, 2021, the City was notified by HCD that the City’s amendment to the Five-Year plan and application for second year funding was approved and the City will be receiving $532,745, which is the available funding for the second year totaling $875,499.

At this time, staff is requesting authorization to distribute a Request for Proposals (RFP) for the PLHA Program, for the second year of the Five-Year PLHA Plan. The PLHA program proposes to (1) Provide operating costs for navigation centers; (2) Provide operating costs for emergency shelters and/or bridge housing programs; and (3) Support Permanent Housing Programs by providing operating costs for permanent supportive housing programs.

The selected subrecipient will need to be qualified, licensed and insured Affordable Housing Developers and Nonprofit organizations, which can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described in the RFP.

The RFP will request fixed costs for the above mentioned tasks and then a Item No. 4.
comprehensive fee schedule for all personnel, equipment and indirect costs related to additional services that may be required.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposal for $532,745 for the second year of the five-year Permanent Local Housing Allocation Plan.

ATTACHMENTS: 1. Executed Agreement

2. Draft Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
12/10/2021
City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”), this Standard Agreement along with all its exhibits (the “Agreement”) is entered under the authority of and in furtherance of the Program.

Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as “HCD” or “Department”) has issued a Notice of Funding Availability (the “NOFA”), dated February 26, 2020, to govern administration of the fund and carry out the Program.

2. Purpose
In accordance with the authority cited above, an application was made to the State (the “Application”) for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities.

By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the “Grant”), the Contractor (sometimes referred to herein as the “Applicant”) agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above.

3. Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.

4. Scope of Work
A. The scope of work (“Work”) for this Agreement shall consist of one or more of the following eligible uses:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in highcost areas. ADUs shall be available for a term of no less than thirty days. 3) Matching portions of funds placed into local or regional housing trust funds.
4) Matching portions of funds available through the Low- and ModerateIncome Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
6) Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).
7) Accessibility modifications in Lower-income Owner-occupied housing.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9) Homeownership opportunities, including, but not limited to, down payment assistance.
10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project.

B. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.

C. Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.

D. Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021

5. Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address:

California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050

6. Contractor Contract Coordinator
The Contractor’s contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address:

Authorized Representative Name: Adrian Monte Reyes
Authorized Representative Title: City Mayor of Porterville Agency Name: City of Porterville
Address: 291 North Main Street
Porterville, CA 93257
Phone No.: (559) 782-7466
Email Address: [email protected]

7. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the “Effective Date”).

B. This Agreement shall terminate on June 30, 2030.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
C. Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees.

D. Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021

PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS

1. Program-Specific Provisions
The following are project-specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in those prior exhibits.

Budget Detail:

Contractor has been awarded the following grant activity amounts for 2019: $342,754 Contractor has been awarded the following grant activity amounts for 2020: $532,745 Estimated five-year allocation may not exceed: $2,056,524 Payees:

A. The authorized Payee(s) is/are as specified below:

Name: City of Porterville
Amount of 2019 and 2020: $875,499
Plan:

Provide a description of how allocated funds will be used for the proposed activity.

A. Priority 1: Navigation Center
1) Operating costs for a Navigation Center: PLHA funds would be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
B. Priority 2: Emergency Shelter
1) Operating costs for an Emergency Shelter: PLHA funds would be used for operating costs needed to run an emergency shelter. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available. KTHA currently uses a vulnerability index to prioritize housing for people experiencing homelessness. Additionally, using a coordinated entry system, KTHA, is able to make referrals form one database, in order to have a streamlined application and referral system between agencies who serve people experiencing homelessness.
2) The City would consider Operating costs for a bridge housing beds, leading to permanent housing: The City plans on working with eligible nonprofits who provide bridge housing programs to help cover some gaps in operational financing, allowing them to continue providing housing to program participants that are currently working on permanent housing solutions.

C. Priority 3: Permanent Housing
1) The City would consider Operating costs for Permanent Supportive Housing (PSH) Programs: The City plans on working with eligible nonprofits and/or affordable housing developers who provide services to existing PSH programs to help cover some gaps in operational financing/or provide required match for funding, allowing them to continue providing housing to program participants that are currently receiving PSH housing vouchers. This would include increasing the percentage of PLHA funds in years 4 and 5 to include operating expenses for Multi-family housing with units dedicated to people experiencing homelessness. This will assist in ensuring that PSH units created for people experiencing homelessness, have the necessary case management to provide PSH units with a connection to supportive services.

City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
Funding Allocation
Year 2019 2019 2019
Type of Activity Emergency
Shelters
Navigation
Centers Permanent
Percentage of Funds
Allocated for each Activity 60% 25% 10%
Area Median Income
Level Served 30% 30% 30%
Administrative Cost 5%
Funding Allocation
Year 2020 2020 2020
Type of Activity Emergency
Shelters
Navigation
Centers Permanent
Percentage of Funds
Allocated for each Activity 60% 25% 10%
Area Median Income
Level Served 30% 30% 30%
Administrative Cost 5%
City of Porterville
20-PLHA-15103, Am. 1 (Rev. 08/2021)

EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program - Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 08/26/2021
Funding Allocation
Year 2021 2021 2021
Type of Activity Emergency
Shelters
Navigation
Centers Permanent
Percentage of Funds
Allocated for each Activity 50% 25% 20%
Area Median Income
Level Served 30% 30% 30%
Administrative Cost 5%
Funding Allocation
Year 2022 2022 2022
Type of Activity Emergency
Shelters
Navigation
Centers Permanent
Percentage of Funds
Allocated for each Activity 50% 25% 20%
Area Median Income
Level Served 30% 30% 30%
Administrative Cost 5%
Funding Allocation
Year 2023 2023
Type of Activity Navigation
Centers Permanent
Percentage of Funds
Allocated for each Activity 75% 20%
Area Median Income
Level Served 30% 30%
Administrative Cost 5%

2. Special Conditions
The following Special Conditions are applicable to this Standard Agreement:

None.

CITY OF PORTERVILLE, STATE OF CALIFORNIA

REQUEST FOR PROPOSAL

PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
SECOND YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP # No. 21/22-SR1923
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP # No. 21/22-SR1923 Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”. Proposals must be received by Friday, March 4, 2022, by 4:00 pm. The City assumes no liability for proposals not received by the time set forth above.

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, March 2, 2022.

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

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

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City. /s/Maria Bemis, Finance Director
Publication Dates: _____________
City of Porterville RFP For Use of PLHA Funds 2 | P a g e

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) SECOND YEAR FUNDING OF 2019-2023 FIVE

YEAR PLAN
RFP # No. 21/22-SR1923
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

Submittal: One PDF file must be received by:
4:00 p.m., Friday, March 4, 2022
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 21/22-SR1923 Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.

All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, March 2, 2022.

City of Porterville RFP For Use of PLHA Funds 3 | P a g e

REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 2 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: March 4, 2022
AMOUNT AVAILABLE: Second year up to $532,745 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five year plan.

Category Breakdown 2020
Administration $ 26,637.25
Navigation Center $ 133,186.25
Emergency Housing & Bridge Housing $ 319,647.00
Permanent – Permanent Supportive Housing Operations $ 53,274.50 $ 532,745.00
ADMINISTRATIVE ALLOWANCE: None. Activity Delivery time is allowed.

TIME PERIOD FOR CONTRACT: One-year grant term for operating or supportive service projects. Funding in 5yr Plan will be announced when received.

IMPORTANT DOCUMENTS:
 Notice of Funding Announcement: Applicants must ensure that program design meets the 2019 HCD NOFA located at: https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml  Permanent Local Housing Allocation Final Guidelines: https://www.hcd.ca.gov/grantsfunding/active-funding/docs/PLHA-Final-Guidelines-11-19.pdf  City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_development_ block_grant_program_(cdbg)/index.php
OBJECTIVE: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non-entitlement Local government formula component Notice of Funding Availability (NOFA). The NOFA was funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019.

Funding for the NOFA was provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local City of Porterville RFP For Use of PLHA Funds 4 | P a g e governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The City of Porterville, as an Entitlement Local government, applied and received 2020 formula allocation of PLHA funds in the amount of $532,745. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities.

The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The eligible activities in the City’s five-year plan include:

1. Provide operating costs for navigation centers

2. Provide operating costs for emergency shelters and/or bridge housing programs.

3. Support Permanent Housing Programs:
a. Provide operating costs for permanent supportive housing programs.

II. ELIGIBLE APPLICANTS
Affordable Housing Developers and Nonprofit organizations are eligible to apply that can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described.

III. LOCAL CRITERIA
The recipient or sub-recipient must participate with local priority systems that are in place to include the following; HMIS for data collection, Coordinated Entry System (CES), and project must be financially feasible. Additionally, the activities funded must take place in the city limits of Porterville.

IV. ELIGIBLE ACTIVITIES
The applicant may apply for funding for one or more of the eligible activities.

OPERATING COSTS FOR NAVIGATION CENTERS
PLHA funds can be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

OPERATING COSTS FOR EMERGENCY SHELTERS AND/OR BRIDGE HOUSING PROGRAMS.

PLHA funds can be used for operating costs needed to run an emergency shelter and/or operating costs for a bridge housing beds, leading to permanent housing. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.

PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING

PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services City of Porterville RFP For Use of PLHA Funds 5 | P a g e designed to meet the needs of the program participants must be made available to the program participants.

Placement or retention in housing must not be conditional upon participation in such services.

PSH Targets Chronically Homeless Individuals
To be eligible, proposed PSH projects must target chronically homeless individuals, as defined by HUD.

PSH is Low-barrier and Follows HUD Housing First Approach To be eligible, proposed PSH projects must be low-barrier and follow the HUD Housing First Approach.

V. GENERAL ELIGIBILITY CRITERIA
Applicants must meet the minimum general eligibility criteria described below:
 Activities must take place in the City limits of Porterville  Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, or Veteran’s discharge status.
 Applicants must agree to use the CoC’s CES as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the coordinated entry system as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals.  Applicants must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate.
 Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.
 Organizations must be able to demonstrate capacity to start operations within 90 days of contract award.
 Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis
 Organizations must submit reports and invoices in a timely manner.

VI. APPLICATION SUBMISSION REQUIREMENTS

APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Qualified Agencies will be accepted beginning Monday, January 24, 2022 through Friday, March 4, 2022. Agencies funded as a result of this RFP are expected to execute contracts with the City of Porterville by May 2, 2022 and begin program operations no later than 60 days from contract execution.

Respondents shall submit a complete RFP application, (including all attachments), to:

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP City of Porterville RFP For Use of PLHA Funds 6 | P a g e No. 21/22-SR192 Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”.

The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for March 7, 2022 to March 11, 2022. Proposals will be evaluated and ranked according to the following criteria:

Criteria Points
Understanding of the project and scope of services 40
Experience in the disciples directly relevant to the
project and scope of services
30 Proposed budget and fee structure 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

APPLICATION FORMAT
The submitted proposals should contain the following components:
 Applicant Information Form (Attachment A)
 Project Narrative
o Program Description and Design
o Management of Program
o Fiscal Management
o Diversity and Multicultural Competency
 Estimated Spending Plan and Revenue Summary Form (Attachment B)

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

1. Program Description and Design (Limit your response to 3 pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model and how each one will help to achieve one or more of the eligible activities listed in the City of Porterville’s PLHA Five-Year Plan.

City of Porterville RFP For Use of PLHA Funds 7 | P a g e ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and City of Porterville RFP For Use of PLHA Funds 8 | P a g e procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
 Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
 Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and  Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.
a. Explain your agency’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language); ii. Describe how the ethno-cultural backgrounds of your project staff and agency board reflect that of the identified population to be served and/or how your agency is working to broaden staff and board diversity and knowledge around cultural competency; and
iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.

ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.

VII. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.

City of Porterville RFP For Use of PLHA Funds 9 | P a g e

ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

3. Number of households served on a given day: Number of households served annually:

4. Number of individuals served on a given day: Number of Individuals served annually:

5. a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)

5. b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Agency:
__________________________________________________________________________ Agency Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Use of PLHA Funds 10 | P a g e Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources):
______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.

11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any agency; has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.

City of Porterville RFP For Use of PLHA Funds 11 | P a g e B– Estimated Spending Plan and Revenue Summary Form
Payroll and Personnel Expenses
HUD
Grants
Program
Income
Other
Revenue
Total
Revenue
Difference
(Rev. - Exp)
Salary and Wages FTE's Salary Total Expenses
Supervision
Case Managers
Navigators
Support Staff
Fringe Benefits (provide detail)
FICA
Workmans Comp
Insurance
Retirement
Other
Costs related to the provision of services
Space costs
Utilities
Telephone/Communications
Postage/delivery
Office Expenses
Local Travel
Equipment and Furniture
Supplies and materials
Sub-total Personnel Costs
Other Than Personnel Costs
Rental Assistance Expenses
Unit Type FMR # of units
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Rental Assistance Total
Other Financial Assistance
Assistance Type FTE's Salary Total Expenses
Rental application fees
Utilities and Utility Deposits
Moving Costs
Security Deposits
Other: ___________________
Other: ___________________
Other: ___________________
Other: ___________________
Sub-total Other Financial Assistance
Sub-total expenses

TOTAL FUNDING REQUESTED
Annual cost
NOTE: Administrative Costs are not allowed, please make sure those costs are not included in your request.

EXPENSES REVENUES
Item No. 5.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Distribute a Request for Qualifications for Design Services - Remodel/Addition of Fire Stations
SOURCE: Engineering and Project Management
COMMENT: The City has three existing fire stations; Station 71 located at 40 W. Cleveland Avenue, Station 72 located at 500 N. Newcomb Street, and Station 73 located at 980 S. Jaye Street (part of the Public Safety Building). All three stations are in need of remodel work and/or additions to accommodate increased staffing and storage of new equipment. Staff has coordinated with the Acting Fire Chief to define a remodeling scope for each station, including but not limited to:

Station 71 design work will include remodel work throughout, with major changes focusing on the dormitory areas and minor structural changes to the bay doors, as well as upgrades to the bay exhaust system and building fire sprinklers.

Station 72 design work will include remodel work throughout the interior and an addition to both the main structure as well as the equipment bays and upgrades to the bay exhaust system and building fire sprinklers.

Station 73 design work will include minor remodel work in sections of the interior and an addition to the equipment bays.

With the concepts in place, staff proceeded with the preparation of a Request for Qualifications for design services. The architectural and/or engineering firms interested in the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms, typically two to three firms, may or may not be asked to participate in an interview panel and ranked again.

Staff will then present the results of the ranking to the City Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek Council's approval to execute a Service Agreement so that the firm can commence with the needed design work for each of the fire stations.

RECOMMENDATION: That City Council authorize staff to distribute a Design Services Request for Qualifications for the remodel of the City's three existing fire stations.

Item No. 5.

ATTACHMENTS: 1. Request for Qualifications: Fire Stations Design Services

2. Locator Map: FIRE STATION 71

3. Locator Map: FIRE STATION 72

4. Locator Map: FIRE STATION 73
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

REQUEST FOR QUALIFICATIONS
Design Services – Remodel/Additions to Existing Fire Stations January 2022
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
on behalf of the FIRE DEPARTMENT
January 2022

I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified architectural and/or engineering firms for the purpose of developing plans and specifications for the needed remodels and/or additions to each of the City’s existing Fire Stations.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

II EXAMINATION OF PROPOSAL DOCUMENTS:

By submitting a proposal, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this RFQ will be made via written addendum. No verbal modification shall be binding.

IV PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Tuesday, February 22, 2022. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Fire Stations Design Services.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

Javier Sanchez, Director
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE‐CONTRACTUAL EXPENSES:

Pre‐contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre‐contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre‐contractual expenses shall not be included in the cost proposal.

VI   EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII   LOCAL AGENCY REPRESENTATIVE:

Sarah Weaver, Project Manager, shall be the Contract Administrator and contact person for all communications with CITY.

IX   INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X   INDEMNIFICATION:

The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance requirements of the Contract.

XI   SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII   FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. In accordance with federal‐aid funded projects, Disadvantaged Business Enterprise (DBE) requirements must be met. The DBE participation goal percentage will be established on a project‐by‐project basis.

XIII   PROPOSAL EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost‐effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV   CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for March 2022. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non‐responsive and shall be cause for elimination from any further consideration.

CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV   COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the top‐ ranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to re‐ advertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI   CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, April 19, 2022. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII   COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request.

Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII   OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX   PROPOSAL FORMAT AND CONTENT:

Proposals shall be brief and include a concise address of the following information:

A.   Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. Proposal Format:

1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double‐sided, font size no less than 10 pt., and single or double‐spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.

2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘p’, as shown in the City’s “Consultant Selection Rating Form”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN SERVICES FOR FIRE DEPARTMENT

PROJECTS
The City of Porterville seeks “Statement of Qualifications” (SOQ) from qualified architectural and engineering firmsfor the purpose of developing plans and specifications for the remodels and/or additions needed at each of the City’s existing Fire Stations.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF DESIGN SERVICES:

The consultant will respond directly to the Engineering and Project Management Director or their designee on the project. The selected consultant will perform, but not be limited to the following tasks:

1. Meet with City staff to ascertain the full scope of design work and determine the level and amount of information and drawings available to the consultant to assist in the preparation of the formal “scope of service”. Said scope shall be prepared and transmitted to the City for review and concurrence. The consultant shall include their “fee” for all work described in the scope of services and, if acceptable to the City, the scope of services and associated fee shall form the basis for the Consulting Services agreement. A brief description of some of the work needed is listed below. a. Station 71 design work will include remodel work throughout with major changes focusing on the dormitory areas and minor structural changes to the bay doors as well as the bay exhaust system and building fire sprinklers. b. Station 72 design work will include remodel work throughout the interior and an addition to both the main structure as well as the equipment bays. The bay exhaust system and building fire sprinklers will need to be replaced. c. Station 73 design work will include minor remodel work in sections of the interior and an addition to the equipment bays.

2. Compile background data necessary and perform services required to prepare plans, specifications, contract documents, special provisions, and special details needed for a complete and thorough project.

3. Prepare an Engineer’s Estimate of Probable Cost Report.

4. Review shop drawings and respond in writing on the acceptability of shop drawing submittals.

5. Provide clarifications and answer questions as needed during the construction bid process.

6. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.

7. Provide other consulting services as available through the selected firm.

DESIRABLE QUALIFICATIONS OF THE CONSULTANT:

The City is seeking a qualified consultant to provide plans, specifications, and related documentation for specific work to be done at each of the City’s three existing fire stations. The desired consultant shall have the following qualifications:

1. Experience in design and construction support of similar facilities or other experience relevant to this type of project.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. The “design team” should be comprised of professionals with the requisite design expertise to prepare complete “construction ready” plans, specifications, shop drawing review, and construction assistance.

4. The “design team” should include the proper mix of professionals (architectural, engineering, fire sprinkler, and cost estimation).

LOCAL AGENGY RESPONSIBILITIES:

The CONSULTANT will report to the CITY’s Contract Administrator. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.

The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _____________ Dollars ($ ))..

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than One Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of One Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants Service Agreement

and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By

Date Date

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP
FIRE STATION 71

SUBJECT
LOCATION N HOCKETT ST. NORTH MAIN ST.

W CLEVELAND AVE. N D ST

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP
FIRE STATION 72

SUBJECT
LOCATION N NEWCOMB ST.

W MORTON AVE.
© 2021 Microsoft Corporation © 2021 Maxar ©CNES (202

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP
FIRE STATION 73

SUBJECT
LOCATION S JAYE ST.

W EL RANCHO AVE.

W MONTGOMERY AVE.

Item No. 6.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Contract for GIS Imagery Base Mapping SOURCE: Community Development
COMMENT: The City's Geographic Information System (GIS) supports multiple departments supporting operations and asset management. These efforts are currently made by utilizing open source mapping and ready-to-use imagery provided through an active maintenance contract with Esri. Esri’s imagery is captured by satellites at a 0.5-meter resolution, through a third-party vendor, Maxar.

Staff is seeking City Council authorization to enter into a contract agreement with Nearmap for a 3-year term at a cost of $9,750 per year on a sole source basis for online access to all Nearmap’s current, historical, and refreshed aerial imagery with 3D content for the city. The Nearmaps agreement also includes oblique imagery expanding views to get a full perspective of view, which is more accurately reflected when compared to the current mapping software.

Nearmap has been identified as the only vendor to provide annual imagery at

2.2-inch resolution for the City.

This is an effort to enhance the imagery with a better quality and up-to-date images. Maxar provides 0.5-meter resolution from satellites in near-Earth orbit at irregular intervals. In comparison, Nearmaps utilizes fixed-wing aircraft flyovers to take aerial imagery at a much higher resolution of 2.2-inch resolution on an annual basis. Nearmap can be integrated into multiple City departments, including Spillman, Computer-Aided Dispatch (Police Department Communications), Google Earth (Public Works), and the GIS web maps (Community Development).

Critical components of a complete GIS system is up-to-date imagery and zoom accuracy, which is utilized by public safety, through the Communications Center for a variety of related activities, including emergencies and other critical situations. The Communications Center currently uses the imagery to provide information to units in the field for both Police and Fire. Information from the imagery is used to identify potential safety hazards and other obstacles for law enforcement and fire-related incidents.

Digital imagery provides high-resolution, 3-dimensional images of buildings, roads, vegetation, landmarks, and land topography that are available to all staff as well as emergency service agencies, and to the general public through the City’s location platform. The utilization of imagery is a vital support mechanism for departments and agencies providing location intelligence, at all Item No. 6.
levels of the organization, to inform decisions, manage assets, engage customers, support service delivery, and drive innovation. High-resolution imaging and mapping of the city support many critical workflows and collaborations which require consistent and up-to-date information across departments and within the Porterville community.

The staff's recommendation is that the Council approve a 3-year term Contract Agreement with Nearmap to improve reference imagery utilized by the City's GIS network of software. The expense for the 3-year term is at a cost not to exceed $32,175, inclusive of all services outlined in the agreement and allows for a ten percent (10%) contingency. Funding for the Nearmap implementation will be made available through departments' operating budgets.

RECOMMENDATION: That City Council authorize the City to enter into a 3-year term Contract Agreement with Nearmap to improve reference imagery utilized by the City's GIS network of software at a cost not to exceed $32,175, inclusive of all services outlined in the agreement and allows for a ten percent (10%) contingency.

ATTACHMENTS: 1. Nearmap Agreement

2. Comparision of Imagery
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
3-YEAR TERM FOR

PORTERVILLE, CA
Proposed Product Subscription Line Items Costs
Tier 2 Site License for Orthogonal Imagery
unlimited access for staff to Web Based Product – MapBrowser Includes access to all historical Vertical Imagery – updated annually

2.2” GSD resolution
$7500.00 Per Year
Enterprise Site Licenses for Oblique Imagery
access for staff to Web Based Product / Application - MapBrowser Includes access to any historical Oblique Imagery – updated annually

2.2”-2.8” GSD resolution
$1,500.00 Per Year
Software Maintenance and System Support Services
Dedicated Account Management Team
Included at not additional cost
Training & Integration into 3rd-Party Systems
API Walkthroughs, Full Technical Support & Calls If Needed Included at no additional cost
Optional: On-premise copy Orthogonal Imagery
One hard copy of Ortho Imagery exported at your specs
Included at no additional cost
Optional: 3D Viewer
Textured Mesh Viewer – Measurable with Full Toolsets Included 3D Datasets updated annually
$750.00 Per Year
Includes Existing Nearmap coverage for
Vertical (Orthogonal) and Oblique Imagery
updated every year.

Nearmap is a technology company, driven by innovation.We fly fixed-wing aircraft with patented camera sensors to capture truth on the ground, using the most advanced imagery processing pipelines in the world. We’re an industry disruptor, proud to be shattering boundaries across the aerial imagery spectrum.

As a market leader for cloud-based geospatial information services, we’re ranked as one of the top ten largest aerial survey companies in the world in annual data collection volume.

Our parent company, Nearmap Limited, is a publicly traded company listed on the Australian Stock Exchange—one of the 200 largest ASX-listed stocks in Australia.

NEARMAP FOR

GOVERNMENT

DISCOVER NEARMAP
JULY 2020 | DARIAN, IL U.S.

WHAT MAKES NEARMAP SPECIAL
JANUARY 2020 | APEX, NC U.S.

WIDE-SCALE COVERAGE
We cover 80.1% of the U.S. population, including over 1,740 urban areas with over 308,000 square miles captured annually (86.8 million residential U.S parcels and 3.9 million commercial U.S parcels).

PROACTIVE SURVEY PROGRAM
We are continuously capturing aerial imagery throughout the United States, 365 days a year. All imagery loaded into our web-based application is time stamped and available within days of capture.

CURRENT IMAGERY
We fly large urban areas up to 3 times per year, frequently capturing seasonal changes for leaf-on/ leaf-off information.

INSTANT ACCESS VIA THE CLOUD
Instantly stream high resolution aerial imagery from Nearmap on any connected device via our web platform, MapBrowser, or integrate through our APIs. Easily view, measure, and export Nearmap content. Offline imagery is also available upon request.

CONSISTENTLY HIGH RESOLUTION
Our ortho and oblique imagery is delivered at sub-3” GSD resolution, meaning you can see clearly and plan accurately, before even setting foot on site.

WHAT OUR CUSTOMERS SAY
I really like how Nearmap is integrated
into the GIS stack. We’re able to stay on
top of new developments, roads, and
addresses. Being able to have Nearmap
imagery integrated into our GIS systems
helps us be much more accurate.
—Timothy Zimmer
GIS Administrator, Shelby County 9-1-1
Before Nearmap, we were already two
years behind on our imagery capture
through our county commission. With
Nearmap, my view has never been clearer
or more up-to-date. I can view new
construction, such as buildings and pools,
which has been extremely helpful.
- Trisha Favulli
Director of Assessing, Town of Falmouth
Nearmap affords us the ability have a
birds-eye view of our city not just once
a year, but several times per year, at a
resolution that is rarely obtainable within
our budget. Going with Nearmap just
makes sense for our GIS applications
across the organization.
- Matthew W. Bradbury
GIS Administrator, City of Redlands, CA

PRODUCT SPECIFICATIONS
Nearmap is a subscription-based service with
flexible options tailored to suit your needs. Your
users will always have access to reliable, current
imagery to more confidently derive insights and
make decisions, helping save time and reduce costs
through virtual site visits.

Vertical/ortho
• Resolution: 2.2 – 3” GSD
• Absolute Horizontal Accuracy: 8.6
– 23.6” RMSEr
• High-resolution, top-down imagery
• Measure length, area, or radius in
MapBrowser
3D Viewer
• 360-degree, immersive view of 3D
textured mesh
• Pan and zoom, measure height,
length, pitch, area, and elevation
(RL values)
Panorama
• Resolution: 2.2 – 3” GSD
• Multi-perspective aerial views at a
45-degree angle
• View all cardinal directions—N, S,
E, W—in a seamless mosaic
3D Export
• 3D data sets: DSM, Point Cloud,
Textured Mesh, True Ortho
• File formats: 3MX, SLPK, B3DM,
OSGB, OBJ, FBX, GeoTIFF, JPEG,

ASCII, LAS
• Available via MapBrowser or
offline delivery
Oblique
• Resolution: 3” GSD
• Multi-perspective aerial views at
a 45-degree angle
• View all cardinal directions with a
gallery of individual source images
• Accurate height, slope, and roof
area measurements
AI Datasets
• View AI Layers in MapBrowser to
help you identify objects and other
location attributes
• On-demand export and APIs for
easy third-party integration
• Growing list of AI Packs: solar
panels, vegetation, building
characteristics, surfaces, and more

EASY TO USE & INTEGRATE
Conveniently use four different methods to integrate release ready Nearmap Vertical, Oblique, 3D and AI content into your preferred GIS, CAD, 3D visualization, and asset management workflow applications. Additionally, Nearmap also offers various APIs for your bespoke needs. For more information, please visit docs.nearmap.com WMS 2.0 (Web Mapping Service)
Auto-generate a URL, copy and paste URL to stream Nearmap Vertical content. Perform geofencing and time navigation ArcGIS Marketplace
Stream Nearmap Vertical content into ArcGIS platforms and ArcGIS compatible platforms
A few of our government partners
MapBrowser Export
Simple, intuitive web application with easy export of
georeferenced Nearmap Vertical, 3D and AI content
Nearmap Oblique for ArcGIS
An “Oblique Viewer” widget that can be used within apps made with ArcGIS Web AppBuilder to stream Nearmap Oblique Content (Civil 3D, AutoCAD Map 3D,
InfraWorks, Revit)
(ArcGIS Online, ArcGIS Enterprise, ArcGIS Pro,
ArcGIS Collector, ArcMap, ArcGIS Survey 123,
ArcGIS Web AppBuilder)

ABOUT US
Founded in 2007, Nearmap is a leading aerial imagery and geospatial technology provider, delivering content at scale and covering large urban areas throughout Australia, the United States, New Zealand, and Canada.

Nearmap is one of Fast Company’s 10 Most Innovative
Companies of 2020 and a Sydney-headquartered technology pioneer listed on the ASX 200. Nearmap combines patented plane-mounted camera systems, a world-class survey operations capability, and an automated photogrammetry pipeline to provide imagery within days of capture. Nearmap provides quality at scale, covering large urban areas to empower businesses to perform virtual site visits and make critical business decisions without leaving the office.
www.nearmap.com
APR 2021 | LOS ANGELES, CA U.S.

Figure 1 Maxar Imagery
Figure 2 Nearmap Imagery
Item No. 7.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Acceptance of Project - Temporary Library
SOURCE: Engineering and Project Management
COMMENT: TMJ Construction, Inc. has completed the remodel of the existing tenant space for the Temporary Library Project. The tenant space is located at 50 W. Olive Avenue, Unit B, and it is now ready for furniture installation.

Staff tracks construction costs of all capital improvement projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on September 7, 2021, the Council authorized an expenditure of $212,834 for construction, construction management, quality control and inspection services for this project. The time needed for construction management was minimal and quality control and inspection services were covered by the permit process limiting the impact to the budget for these items. The following itemizes the construction related costs in two categories: 1) the construction contract, and 2) a combination of construction management and quality control.
-Final construction cost is $185,059.28
-Construction management, quality control & inspection service costs are $1,230.57
Total project construction costs equate to $186,289.85, which is less than the $212,834 overall budget approved by Council at the time of award. Funding for this project is from library fire insurance proceeds.

TMJ Construction requests that the Council accept the project as complete.

Staff reviewed the work and found it acceptable.

RECOMMENDATION: That the City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the immediate release of final payment, provided no stop notices have been filed.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Item No. 7.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROJECT LOCATION MAP

TEMPORARY LIBRARY
50 W OLIVE #B

SUBJECT

LOCATION S C ST

W OLIVE AVE N SECOND ST N MAIN ST S B ST S D ST S MAIN ST N THIRD ST N HOCKETT ST

E OLIVE AVE S HOCKETT ST N D ST

E GARDEN AVE
Item No. 8.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization to Apply for Clean California Local Grant Program (CCLGP) Funds
SOURCE: Community Development
COMMENT: The Clean California Local Grant Program (CCLGP), established by Assembly Bill 149, is a competitive statewide program administered by the California Department of Transportation (Caltrans) that will provide approximately $296 million to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Applicants must be local or regional public agencies, transit agencies, or tribal governments.

Pursuant to statute, the intent of the CCLGP is to achieve the following goals:
(1) Reduce the amount of waste and debris within public rights -of -way, pathways, parks, transit centers, and other public spaces; (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; (3) Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and (4) Advance equity for underserved communities.

Staff is interested in submitting an application for improvements to the existing Rails to Trails between Henderson Avenue and Walnut Avenue in partnership with the Tulare County Association of Governments (TCAG) and Porterville Unified School District, with the City serving as the lead. The proposed improvements include but are not limited to: tree replacement, installation of solar lighting, wayfinding signage, seating and play equipment, water fountains, outdoor fitness equipment, picnic shelter, refuse receptacles, soil stabilization, improvements to existing trail surface and a public art installation.

The grant application is due to Caltrans on February 1, 2022, and award of funds is scheduled to take place on March 1, 2022. Projects must be completed and all funds must be expended by June 30, 2024.

In applying for these Clean California grant funds, the City is taking measures to enhance public spaces for walking and recreation and to improve public health in the community. Additionally, the proposed improvements would complement the Butterfield Stage Corridor Project, the recently awarded Proposition 68 Statewide Parks Program grant project, and the planned development of the multi-sport field improvement project near the Heritage Center.

Item No. 8.

RECOMMENDATION: That the City Council:

1. Approve the submittal of a Clean California Local Grant Program funding application to the California Department of Transportation.

2. Authorize the Mayor, City Manager or designee to execute all documents pertaining to the CCLGP and to make any
augmentation, modification, addition or revision as may be necessary to conform to requirements imposed by the California Department of Transportation.

ATTACHMENTS: 1. Locater Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

Item No. 9.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization of Technology Infrastructure for the Temporary Library Facility SOURCE: Parks and Leisure Services
COMMENT: As a next step to facilitate technology infrastructure at the temporary library location, staff is seeking the City Council’s approval to move forward with the San Joaquin Valley Library System (SJVLS) for the purchase of computers and peripheral equipment. The project would also include installing network cabling from the street into the facility.

The City’s membership with the library cooperative, SJVLS, allows the City the opportunity to apply for federal E-rate funding to mitigate technology expenses incurred by public libraries. The E-rate consultant for SJVLS was able to get the temporary library facility eligible for E-rate discounts, which is administered directly through SJVLS. The infrastructure of setting up the network coming into the building from the street is estimated to cost $38,363.58, before discounts are applied. SJVLS has not received an updated quote, but staff has included the quote previously received for a better understanding of the scope of work.

The previous existing computer and network support for the City has been provided directly from SJVLS since the late 1980’s. SJVLS orders computer equipment and sets up the imaging that the City utilizes for public and staff use.

The staff has prepared the order with SJVLS and has attached the quotes. The order total is estimated to be $39,857.45. Please note the quote is subject to change due to limited and ever-changing inventory. SJVLS would charge all associated costs to the City's Technology Reserve Account, and then bill the City so that funds would go back to Porterville’s Technology Reserve. SJVLS would also disperse E-rate discounts into the Technology Reserve account.

RECOMMENDATION: That the City Council:

1. Authorize staff to initiate work to be contracted through the San Joaquin Valley Library System for the temporary library facility; and

2. Authorize staff to process San Joaquin Valley Library System billing utilizing fire insurance funds.

ATTACHMENTS: 1. Quote: Network Infrastructure

2. Quote: Peripherals

3. Quote: Computers
Item No. 9.

4. Quote: Monitors
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

QUOTE CONFIRMATION

DEAR KEVIN NELSON,
Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below.

Click here to convert your quote to an order.

QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MNFS268 12/21/2021 MNFS268 10633503 $5,701.42

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
Honeywell VoyagerCG 9540 Wired/USB Single-Line Laser
Scanner
6 739595 $174.19 $1,045.14
Mfg. Part#: MK9540-32A38
UNSPSC: 43211701
Contract: MARKET
Epson TM-T88V Monochrome Thermal Receipt Printer 4 2122878 $332.16 $1,328.64 Mfg. Part#: C31CA85084
UNSPSC: 43212112
Contract: MARKET
HP Color LaserJet Enterprise M653dn - printer - color - laser 1 4586709 $1,807.46 $1,807.46 Mfg. Part#: J8A04A#BGJ
UNSPSC: 43212105
Contract: MARKET
Zebra DS9300 Series DS9308 - Standard Range (SR) - USB Kit - barcode scanne
4 5832394 $270.20 $1,080.80
Mfg. Part#: DS9308-SR4U2100AZW
Contract: MARKET
PURCHASER BILLING INFO SUBTOTAL $5,262.04
Billing Address:

SAN JOAQUIN LIBRARY SYSTEM

ACCOUNTS PAYABLE
2420 MARIPOSA ST
FRESNO, CA 93721-2204
Phone: (559) 600-6205
Payment Terms: Net 30 Days-Govt State/Local
SHIPPING $0.00
SALES TAX $439.38
GRAND TOTAL $5,701.42
DELIVER TO Please remit payments to: Shipping Address:

SAN JOAQUIN LIBRARY SYSTEM

KEVIN NELSON
2420 MARIPOSA ST
FRESNO, CA 93721-2204
Phone: (559) 600-6205
Shipping Method: UPS Ground (2-3 days)
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDW•G LLC SALES CONTACT INFORMATION
Jordan Hamu | (877) 881-6914 | [email protected]

This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager
© 2021 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000108060337.1
Total $28,731.55
Customer # 96545521
PO Number 2122015
Quoted On Dec. 20, 2021
Expires by Feb. 18, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Sales Rep Chris Mak
Phone (800) 456-3355, 6182369
Email [email protected]
Billing To ACCOUNTS PAYABLE
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards, Chris Mak
Shipping Group
Shipping To

RECEIVING DEPT
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
(559) 600-6284
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Precision 3650 Tower $1,227.09 22 $26,995.98

Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$26,995.98
$0.00
$0.00
$6,210.60
$20,785.38
$1,735.57
$28,731.55
Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details.

Shipping Group Details
Shipping To

RECEIVING DEPT
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
(559) 600-6284
Shipping Method
Standard Delivery
Quantity Subtotal
Precision 3650 Tower
Estimated delivery if purchased today:

Jan. 24, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$1,227.09 22 $26,995.98
Description SKU Unit Price Quantity Subtotal
11th Generation Intel Core i5-11500, 12 MB Cache, 6 Core, 2.7 GHz to 4.6 GHz
338-BZKD
- 22 -
HEATSINK for 65W CPU 412-AAWJ - 22 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 22 -
No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB - 22 - Precision 3650 Tower with 460W up to 90% efficient (80 Plus Gold) PSU, Advanced Front I/O, with SD card reader
321-BGKT
- 22 -
16GB (2x8GB) DDR4 UDIMM non-ECC Memory 370-AGEI - 22 -
Intel Integrated Graphics 490-BBBS - 22 - C1: M.2 SSD Boot + Optional M.2 SSD (No SATA HDD) 449-BBWL - 22 - No RAID 780-BBCJ - 22 - 256GB PCIe NVMe Class 40 M.2 SSD 400-BLQW - 22 -
Thermal Pad 3640 412-AATT - 22 - No Hard Drive 400-AKZR - 22 - No Hard Drive 400-AKZR - 22 - No Hard Drive 400-AKZR - 22 - No Hard Drive 400-AKZR - 22 - No Hard Drive 400-AKZR - 22 - No Additional Network Card Selected (Integrated NIC included) 555-BBJO - 22 - No Wireless LAN Card (no WiFi enablement) 555-BBFO - 22 - Not selected in this configuration 817-BBBC - 22 - Additional VGA Port 492-BCLN - 22 - 8x DVD+/-RW 9.5mm Optical Disk Drive 429-ABDW - 22 - Bezel ODD 429-ABKQ - 22 - CMS Software not included 632-BBBJ - 22 - Intel Management Engine disabled 631-ACWK - 22 - Dell KB216 Wired Keyboard English 580-ADJC - 22 - Dell Optical Mouse - MS116 (Black) 570-ABIE - 22 - ENERGY STAR Qualified 387-BBLW - 22 - EPEAT 2018 Registered (Gold) 379-BDZB - 22 -

Dell Precision TPM 340-ACBY - 22 -
120mm Front Cooling Fan, Precision 36xx 384-BCVG - 22 - No Driver 555-BBNI - 22 - US Power Cord 450-AHDU - 22 - SERI Guide (ENG/FR/Multi) 340-AGIK - 22 - Quick setup guide, Precision 3650 340-CVFC - 22 - US Order 332-1286 - 22 - SHIP,PWS,LNK,NO,NO,AMF 340-CBUU - 22 - Ship material - EPEAT Certification 340-COYI - 22 - 460W Gold PSU label 389-DYMM - 22 -
11th Gen Intel Core i5 non-vPro label 340-CUEW - 22 -
Internal Speaker for Precision 3650 520-AASQ - 22 - No External ODD 429-ABGY - 22 - No AutoPilot 340-CKSZ - 22 - No Stand included 575-BBCH - 22 - No Additional Cable Requested 379-BBCY - 22 - OS-Windows Media Not Included 620-AALW - 22 - Not selected in this configuration 817-BBBC - 22 - SupportAssist 525-BBCL - 22 - Dell(TM) Digital Delivery Cirrus Client 640-BBLW - 22 - Dell Optimizer for Precision 640-BBSC - 22 - Dell Premier Color 6.0 640-BBSH - 22 - Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 658-BBMR - 22 - Waves Maxx Audio 658-BBRB - 22 - Dell SupportAssist OS Recovery Tool 658-BEOK - 22 - No Anti-Virus Software 650-AAAM - 22 - Custom Configuration 817-BBBB - 22 - Precision 3650 Tower CTO BASE 210-AYSV - 22 - No UPC Label 389-BCGW - 22 - Dell Limited Hardware Warranty Plus Service 997-2808 - 22 - ProSupport Plus: 7x24 Technical Support, 5 Years 997-2861 - 22 - ProSupport Plus: Keep Your Hard Drive, 5 Years 997-2870 - 22 - ProSupport Plus: Accidental Damage Service, 5 Years 997-2879 - 22 - ProSupport Plus: Next Business Day Onsite, 5 Years 997-6822 - 22 - Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-516-3115
997-8367
- 22 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$26,995.98
$0.00
$0.00
$1,735.57
$28,731.55

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^Dell Business Credit (DBC):

OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. Dell Business Credit is not offered to government or public entities, or business entities located and organized outside of the United States.

A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000108060451.1
Total $5,424.48
Customer # 96545521
PO Number 2122020
Quoted On Dec. 20, 2021
Expires by Feb. 18, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Sales Rep Chris Mak
Phone (800) 456-3355, 6182369
Email [email protected]
Billing To ACCOUNTS PAYABLE
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards, Chris Mak
Shipping Group
Shipping To

RECEIVING DEPT
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
(559) 600-6284
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell 24 Monitor - E2422H, 60.47cm (23.8") $224.65 22 $4,942.30

Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$4,942.30
$0.00
$110.00
$595.10
$4,457.20
$372.18
$5,424.48
Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details.

Shipping Group Details
Shipping To

RECEIVING DEPT
SJVLS
2420 MARIPOSA ST
FRESNO, CA 93721-2204
(559) 600-6284
Shipping Method
Standard Delivery
Quantity Subtotal
Dell 24 Monitor - E2422H, 60.47cm (23.8")
Estimated delivery if purchased today:

Feb. 15, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$224.65 22 $4,942.30
Description SKU Unit Price Quantity Subtotal
Dell 24 Monitor - E2422H, 60.47cm (23.8") 210-BBUR - 22 - Dell Limited Hardware Warranty 814-9340 - 22 - Advanced Exchange Service, 5 Years 814-9343 - 22 - Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$4,942.30
$0.00
$110.00
$372.18
$5,424.48

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^Dell Business Credit (DBC):

OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. Dell Business Credit is not offered to government or public entities, or business entities located and organized outside of the United States.

Item No. 10.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Prop 68 Rural Recreation and Tourism Program Resolution SOURCE: Parks and Leisure Services
COMMENT: The State's Proposition 68 Rural Recreation and Tourism Grant Program's intent is to create new recreational opportunities in rural communities that have a lack of outdoor recreation infrastructure. Projects that support both economic and health-related goals for residential recreation and will attract out-of-town visitors will be given priority. One of the examples of an eligible project is a sports complex that hosts tournaments and leagues. The project scope of this grant is to purchase and install eight lighted mini-pitch arenas, with seven being artificial turf and one a multi-sport surface.

At its meeting on March 2, 2021, the City Council provided direction on Community Development Block Grant program income derived from the sale of the Heritage Center and repayment of the Section 108 Loan. The Council's direction was to utilize those funds to develop lighted arena soccer and multisport fields on the City-owned property just north of the Heritage Center. The Proposition 68 Rural Recreation and Tourism Program grant is geared towards complementing this direction from the Council. In total, there would be ten (10) artificial turf and two multi-sport arenas if the City were to be awarded this grant. Having ten (10) multi-sport arenas would allow tournaments and leagues to be held in this complex, making the grant more competitive. In addition, no other city in the valley has a multi-sport arena outdoor complex, which will also make the application more competitive as it definitely would be a draw for outof-town visitors. There would also be the potential to annually add more arenas, or other site amenities, with Community Development Block Grant funds.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the application for Proposition 68 Rural Recreation and Tourism Program Funds.

ATTACHMENTS: 1. Draft Resolution

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Item No. 10.

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___________-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE APPLICATION FOR

RURAL RECREATION AND TOURISM PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Rural Recreation and Tourism Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

APPROVES THE FILING OF AN APPLICATION FOR THE PORTERVILLE REGIONAL SPORTS COMPLEX; AND

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

4. Delegates the authority to the Parks and Leisure Services Director to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).

PASSED, APPROVED AND ADOPTED this 18th day of January, 2022. ______________________________
Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No. 11.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Approval of Resolution to Execute the Airport Rescue Grant Agreement for the Porterville Municipal Airport
SOURCE: Finance
COMMENT: The Federal Aviation Administration (FAA) has notified the City of the Airport Rescue Grant offer of $32,000 for the Porterville Municipal Airport. The purpose of this grant is to prevent, prepare for and respond to the coronavirus pandemic. Funds provided under this grant must be used only for purposes directly related to the airport, including the reimbursement of airport operational expenses like personnel, cleaning, sanitation, and janitorial services, combating the spread of pathogens at the airport.

FAA requires that the City accept the terms and conditions of the grant offer. It also requires that the City Council provide authority to the individual signing the grant agreement. Attached is a draft Resolution authorizing the Finance Director to execute the Airport Rescue Grant Agreement with the FAA for the Porterville Municipal Airport.

RECOMMENDATION: That the City Council approve the draft Resolution authorizing the Finance Director to execute the American Rescue Grant Agreement for the Porterville Municipal Airport.

ATTACHMENTS: 1. Draft Resolution

2. Airport Rescue Grant Transmittal Letter
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AUTHORIZING

THE EXECUTION OF THE AIRPORT RESCUE GRANT AGREEMENT,
GRANT NO. 3-06-0190-020-2022 FROM THE FEDERAL AVIATION ADMINISTRATION

FOR THE PORTERVILLE MUNICIPAL AIRPORT
WHEREAS, the Federal Aviation Administration (FAA) has allocated Airport Rescue Grant funds in the amount of $32,000 for the Porterville Municipal Airport; and WHEREAS, the purpose of the Airport Rescue Grant is to prevent, prepare for and respond to coronavirus; and
WHEREAS, this Airport Rescue Grant must only be used for purposes directly related to the airport including the reimbursement of the airport’s operational expenses; NOW, THEREFORE, the City Council of the City of Porterville, State of California, does hereby resolve as follows:

1. That the City Council accept the offer of Airport Rescue Grant funds from the Federal Aviation Administration and by such acceptance, agree to comply with all of the terms and conditions in the FAA Offer and in the Grant Application.

2. That the City Council authorize the Finance Director, on behalf of the City of Porterville, to sign any documents as may be necessary and required by the FAA for the acceptance of the grant funds.

PASSED, APPROVED, AND ADOPTED this 18th day of January, 2022. _______________________________
Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
3-06-0190-020-2022
1 U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific Region
California

FAA SFO ADO
San Francisco Airports
District Office:
1000 Marina Blvd, Ste 220
Brisbane, CA 94005-1863
Airport Rescue Grant Transmittal Letter
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Ms. Maria Bermis
Finance Director
City of Porterville
291 North Main Street
Porterville, CA 93257
Dear Ms. Bermis:

Please find the following electronic Airport Rescue Grant Offer, Grant No. 3-06-0190-020-2022 for Porterville Municipal Airport. This letter outlines expectations for success. Please read and follow the instructions carefully.

To properly enter into this agreement, you must do the following:
a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor’s authorized representative.
b. The sponsor’s authorized representative must execute the grant, followed by the attorney’s certification, no later than January 24, 2022 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor’s legal signatory authority and then routed via email to the sponsor’s attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties.

Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you draw down and expend these funds within four years.

An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Please refer to the Airport Rescue Grants Frequently Asked Questions for further information.

With each payment request you are required to upload an invoice summary directly to Delphi. The invoice summary should include enough detail to permit FAA to verify compliance with the American Rescue Plan Act (Public Law 117-2). Additional details or invoices may be requested by FAA during the review of your payment requests.

As part of your final payment request, you are required to include in Delphi:
 A signed SF-425, Federal Financial Report
 A signed closeout report (a sample report is available here).

January 10, 2022
3-06-0190-020-2022
2 Until the grant is completed and closed, you are responsible for submitting a signed and dated SF-425 annually, due 90 days after the end of each Federal fiscal year in which this grant is open (due December 31 of each year this grant is open).

As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards.

I am readily available to assist you and your designated representative with the requirements stated herein. The FAA sincerely values your cooperation in these efforts.

Sincerely,
{{Sig_es_:signer1: signature}}
Laurie J. Suttmeier
Manager
Amy Choi for Laurie Suttmeier (Jan 10, 2022 10:02 PST)
Amy Choi for Laurie Suttmeier
3-06-0190-020-2022
3 U.S. Department
of Transportation
Federal Aviation
Administration

AIRPORT RESCUE GRANT

GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Porterville Municipal Airport
Airport Rescue Grant No. 3-06-0190-020-2022
Unique Entity Identifier 030969406
TO: City of Porterville
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the “FAA”)
WHEREAS, the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated July 6, 2021, for a grant of Federal funds at or associated with the Porterville Municipal Airport, which is included as part of this Airport Rescue Grant Agreement; WHEREAS, the Sponsor has accepted the terms of FAA’s Airport Rescue Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Airport Rescue Grant Application for the Porterville Municipal Airport, (herein called the “Grant” or “Airport Rescue Grant”) consisting of the following:

WHEREAS, this Airport Rescue Grant is provided in accordance with the American Rescue Plan Act ( “ARP Act”, or “the Act”), Public Law 117-2, as described below, to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to specific airports are derived by legislative formula (See Section 7102 of the Act).

WHEREAS, the purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes directly related to the airport. Such purposes can include the reimbursement of an airport’s operational expenses or debt service payments in accordance with the limitations prescribed in the Act.

January 10, 2022
3-06-0190-020-2022
4 Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Porterville Municipal incurred no earlier than January 20, 2020.

Airport Rescue Grants also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern “airport revenue.” New airport development projects not directly related to combating the spread of pathogens may not be funded with this Grant.

Funding under this Grant for airport development projects to combat the spread of pathogens will be reallocated using an addendum to this Agreement for identified and approved projects.

NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, the representations contained in the Grant Application, and in consideration of (a) the Sponsor’s acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided,

THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement.

Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $32,000, allocated as follows:
$32,000 ARPA KW2022

2. Grant Performance. This Airport Rescue Grant Agreement is subject to the following Federal award requirements:
a. The Period of Performance:

1. Shall start on the date the Sponsor formally accepts this agreement, and is the date signed by the last Sponsor signatory to the agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The period of performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. (2 Code of Federal Regulations (CFR) § 200.1)
b. The Budget Period:

1. For this Airport Rescue Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the budget period.

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close out and Termination.
3-06-0190-020-2022
5 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the Grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344)

2. The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable.

3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the ARP Act.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only.

5. Final Federal Share of Costs. The United States’ share of allowable Grant costs is 100%.

6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Airport Rescue Grant Agreement, the ARP Act, and the regulations, policies, standards, and procedures of the Secretary of Transportation (“Secretary”). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before January 24, 2022, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Airport Rescue Grant Agreement, the ARP Act, or other provision of applicable law. For the purposes of this Airport Rescue Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Airport Rescue 3-06-0190-020-2022
6 Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Airport Rescue Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.jsf.

12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.

13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Agreement.

14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.

15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract.

16. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA.

17. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:

1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting the entity is not excluded or disqualified from participating; or
3-06-0190-020-2022
7 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g., subcontracts).
c. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity.

18. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Airport Rescue Grant or subgrant funded by this Grant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:

A. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
B. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this Airport Rescue Grant.

19. Trafficking in Persons.
a. You as the recipient, your employees, subrecipients under this Airport Rescue Grant, and subrecipients’ employees may not –

1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

2. Procure a commercial sex act during the period of time that the award is in effect; or

3. Use forced labor in the performance of the award or subawards under the Airport Rescue Grant.
b. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity –

1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant Agreement term; or

2. Has an employee who is determined by the agency official authorized to terminate the Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this Airport Rescue Grant term through conduct that is either – A. Associated with performance under this Airport Rescue Grant; or 3-06-0190-020-2022
8 B. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue Grant Agreement.
d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition:

1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and

2. Is in addition to all other remedies for noncompliance that are available to the FAA under this Airport Rescue Grant.

20. Employee Protection from Reprisal.
a. Prohibition of Reprisals —

1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) of this Grant condition, information that the employee reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant.

2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows:
a. A member of Congress or a representative of a committee of Congress; b. An Inspector General;
c. The Government Accountability Office;
d. A Federal employee responsible for oversight or management of a grant program at the relevant agency;
e. A court or grand jury;
f. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or
g. An authorized official of the Department of Justice or other law enforcement agency.

3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a. of this Airport Rescue Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S.

Department of Transportation.

4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 3-06-0190-020-2022
9 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b).

6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c).

21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant Agreement.

22. Face Coverings Policy. The sponsor agrees to implement a face-covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective.

SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE GRANT FUNDS

CONDITIONS FOR EQUIPMENT -

1. Equipment or Vehicle Replacement. The Sponsor agrees that when using funds provided by this Grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment shall be classified and used as airport revenue.

2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this Grant, such equipment shall be used solely for purposes directly related to combating the spread of pathogens at the airport.

3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired with funds provided in this Grant:
a. Will be maintained and used at the airport for which they were purchased; and b. Will not be transferred, relocated, or used at another airport without the advance consent of the FAA.

The Sponsor further agrees that it will maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions.

CONDITIONS FOR UTILITIES AND LAND -

4. Utilities Proration. For purposes of computing the United States’ share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport.

5. Utility Relocation in Grant. The Sponsor understands and agrees that:
a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs;
3-06-0190-020-2022
10 b. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility; and
c. The utilities must serve a purpose directly related to the Airport. 3-06-0190-020-2022
11 The Sponsor’s acceptance of this Offer and ratification and adoption of the Airport Rescue Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. The Offer and Acceptance shall comprise an Airport Rescue Grant Agreement, as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant. The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's acceptance of this Offer.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

Dated {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1: signature}}
(Signature)
{{N_es_:signer1: fullname}}
(Typed Name)
{{*Ttl_es_:signer1: title}}
(Title of FAA Official)
Amy Choi for Laurie Suttmeier (Jan 10, 2022 10:02 PST)
Amy Choi for Laurie Suttmeier
January 10, 2022 Assistant Manager SFO ADO Amy Choi for Laurie Suttmeier 3-06-0190-020-2022
12 Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Airport Rescue Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Airport Rescue Grant Application and all applicable terms and conditions provided for in the ARP Act and other applicable provisions of Federal law.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct. 1 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of Porterville
(Name of Sponsor)
{{Sig_es_:signer2: signature}}
(Signature of Sponsor’s Designative Official/Representative) By: {{N_es_:signer2: fullname}}
(Type Name of Sponsor’s Designative Official/Representative) Title: {{*Ttl_es_:signer2: title}}
(Title of Sponsor’s Designative Official/Representative) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.

Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0190-020-2022
13 CERTIFICATE OF SPONSOR'S ATTORNEY
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __California__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the ARP Act. The Sponsor understands funding made available under this Grant Agreement may only be used for costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens at the airport incurred on or after January 20, 2020, or for debt service payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By:{{Sig_es_:signer3: signature}}
(Signature of Sponsor's Attorney)
3-06-0190-020-2022
14 AIRPORT RESCUE GRANT ASSURANCES

AIRPORT SPONSORS
A. General.

1. These Airport Rescue Grant Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the American Rescue Plan Act of 2021 (“ARP Act,” or “the Act”), Public Law 117-2. As used herein, the term “public agency sponsor” means a public agency with control of a public-use airport; the term “private sponsor” means a private owner of a public-use airport; and the term “sponsor” includes both public agency sponsors and private sponsors.

2. Upon acceptance of this Airport Rescue Grant offer by the sponsor, these assurances are incorporated into and become part of this Airport Rescue Grant Agreement.

B. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this Airport Rescue Grant that:

It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Airport Rescue Grant including but not limited to the following:

FEDERAL LEGISLATION
a. 49 U.S.C. Chapter 471, as applicable
b. Davis-Bacon Act — 40 U.S.C. 276(a), et. seq.
c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. seq. d. Hatch Act — 5 U.S.C. 1501, et. seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et. seq.
f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et. seq. i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 — Section 102(a) — 42 U.S.C. 4012a. l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq. 3-06-0190-020-2022
15 q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq. s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et. seq. u. Copeland Anti-kickback Act — 18 U.S.C. 874.1.
v. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et. seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seq.2 y. Drug-Free Workplace Act of 1988 — 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).

EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction
f. Executive Order 12898 – Environmental Justice
g. Executive Order 14005 – Ensuring the Future Is Made in All of America by All of America's Workers.

FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.3, 4
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government Services.
e. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964.
f. 29 CFR Part 1 – Procedures for predetermination of wage rates.1 g. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 3-06-0190-020-2022
16 h. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 i. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements).1 j. 49 CFR Part 20 – New restrictions on lobbying.
k. 49 CFR Part 21 – Nondiscrimination in Federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. l. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. m. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Program.
n. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 o. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial Assistance).
r. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41 – Seismic safety of Federal and Federally assisted or regulated new building construction.

FOOTNOTES TO AIRPORT RESCUE GRANT ASSURANCE B
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.

SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement.

1. Purpose Directly Related to the Airport
It certifies that the reimbursement sought is for a purpose directly related to the airport.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant’s governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing 3-06-0190-020-2022
17 and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Good Title.

It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.

4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with this Grant Agreement.
c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement.

5. Consistency with Local Plans.

Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the Airport Rescue Grant application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

6. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located.

7. Consultation with Users.

In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
3-06-0190-020-2022
18 8. Pavement Preventative Maintenance.

With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

9. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.

10. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on the airport funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

11. Veteran's Preference.

It shall include in all contracts for work on any airport development project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

12. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and 3-06-0190-020-2022
19 operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying airmen of any condition affecting aeronautical use of the airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

13. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

14. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.

15. Exclusive Rights.

The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport.

16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums for costs 3-06-0190-020-2022
20 related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies.

17. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

18. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan 3-06-0190-020-2022
21 as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.

20. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and

21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language
3-06-0190-020-2022
22 It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source:
“The City of Porterville, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:

A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program.

C. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, subgrantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance.

D. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

21. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 3-06-0190-020-2022
23 22. Policies, Standards and Specifications.

It will carry out any project funded under an Airport Rescue Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects, as of July 6, 2021.

23. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

24. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).

25. Acquisition Thresholds.

The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micropurchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 3-06-0190-020-2022
24 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars Item No. 12.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Status Report - Developer Impact Fees
SOURCE: Finance
COMMENT: Pursuant to Government Code Section 66006(b)(1), a detailed fund analysis of the capital improvement funds containing developer impact fees has been prepared. A copy of this analysis has been delivered to the Building Industry Association of Tulare/Kings Counties, Inc. (BIA), per their request.

The format and content of this analysis have been developed around criteria previously approved by the BIA.

RECOMMENDATION: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2021.

ATTACHMENTS: 1. Developer Impact Fees Report FY 2020-2021 Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE

DEVELOPER IMPACT FEE SUMMARY
2020/21

BEGINNING ENDING

BALANCES ELIGIBLE BALANCES
AS OF FEES INTEREST D.I.F. AS OF
JULY 1, 2020 COLLECTED EARNED EXPENDITURES JUNE 30, 2021 WATER ACREAGE FEE $ (21,517,282) $ 332,954 $ 9,351 $ (186,415) $ (21,361,392) SEWER ACREAGE FEE $ (2,618,392) $ 187,647 $ (2,604) $ (169,569) $ (2,602,918)

STORM DRAIN FEE $ 2,102,036 $ 318,870 $ 6,254 $ (158,387) $ 2,268,773 TRANSPORTATION IMPACT FEE $ 1,939,911 $ 248,585 $ 7,601 $ (150,000) $ 2,046,097 PARK IMPACT FEE $ - $ 131,796 $ 165 $ (131,961) $ -

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2020/21
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Water Projects
Villa St (Nupchi Xo'Oy) $ 24,953.19 100% $ 24,953.19
Olive Ave & Locust St 66,968.91 0% $ 0.00
Master plan update 87,327.50 100% 87,327.50
North St between Main & 2nd 137,963.23 0% 0.00
D St - Putnam to Oak water main upgrade 142,291.68 0% 0.00 East Porterville phase 2 project 8,395.60 0% 0.00
East Porterville water reservoir 26,625.25 0% 0.00
South recharge basin 529.13 0% 0.00
DR#23 dual recharge basin 25,267.09 0% 0.00
North recharge basin 54,977.52 0% 0.00
Well #37 - Beverly Grand 26,781.33 100% 26,781.33
Rehabilitate wells 2,083.18 100% 2,083.18
Household tank abandonment 26,047.92 0% 0.00
Well #35 - E Porterville 1,084,689.72 0% 0.00
SGMA compliance 106,904.80 0% 0.00
Auto radio read 222,456.10 0% 0.00
Masterplan payback - Summit Estates ph 2 70,223.00 100% 70,223.00 Urban water mangement plan 12,567.84 0% 0.00
Water infrastructure review 79,843.98 0% 0.00
JPA - satellite tertiary treatment plant 11,089.30 0% 0.00 DR#28 - S Jaye St basin 2,698.88 0% 0.00
DR#30 - airport/casino basin 1,836.00 0% 0.00
WATER TOTAL $ 2,222,521.15 $ 186,415.01

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2020/21
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Sewer Projects
Villa St (Nupchi Xo'Oy) $ 67,810.46 100% $ 67,810.46
Master plan payback 270.29 100% 270.29
Biosolids management plan 23,553.04 0% 0.00
Digester #3 repair/rehab 590,985.14 0% 0.00
Equipment canopy 7,000.00 0% 0.00
Nitrification/Denitrification study 40,656.08 0% 0.00
Digester cleaning 32,823.11 0% 0.00
Lift station upgrade 32,151.80 0% 0.00
Master plan update 101,173.79 100% 101,173.79
Tertiary treatment plant 314.03 100% 314.03
WWTF office building 32,535.01 0% 0.00
Sewer annexation - area 457 17,423.09 0% 0.00
Sewer annexation - area 471 14,325.88 0% 0.00
Sewer annexation - area 474 12,855.83 0% 0.00
Sewer annexation - area 475 84,201.33 0% 0.00
Sewer annexation - area 476 10,169.63 0% 0.00
Sewer annexation - area 478 42,169.99 0% 0.00
Sewer annexation - area 479 38,066.71 0% 0.00
Sewer annexation - area 480 41.62 0% 0.00
SEWER TOTAL $ 1,148,526.83 $ 169,568.57

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2020/21
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Storm Drain Projects
Master plan payback - Summit Estates Ph 2 $ 83,023.85 100% $ 83,023.85 Master plan update 75,362.71 100% 75,362.71
Thurman/3rd St storm drain 936.54 0% 0.00
STORM DRAIN TOTAL $ 159,323.10 $ 158,386.56
Transportation Projects
Debt service - 2015 Refinancing Project $ 150,000.00 100% $ 150,000.00 TRANSPORTATION TOTAL $ 150,000.00 $ 150,000.00
Park Projects
Debt service - sports complex $ 125,800.72 100% $ 125,800.72 Sports complex parking lease 6,160.79 100% 6,160.79
PARK TOTAL $ 131,961.51 $ 131,961.51

CITY OF PORTERVILLE

DEVELOPER FEE RATE STRUCTURE
2020/21
Hillside Single Multiple Mobile Commercial /
Development Family Duplex Family Homes Institutional Professional Industrial Water Acreage Fee / Acre $ 1,945 $ 4,055 $ 10,151 $ 23,699 $ - $ 2,646 $ 3,048 $ 23,406 Sewer Acreage Fee / Acre $ 1,322 $ 2,478 $ 5,755 $ 13,427 $ - $ 933 $ 3,499 $ 14,938 Storm Drain Fee / Acre $ - $ 6,679 $ 8,910 $ 13,368 $ - $ 17,816 $ 17,816 $ 17,816 Transportation Fee / Unit $ - $ 1,337 $ 903 $ 903 $ - $ 3,677 $ 6,994 $ 1,043 Park Impact Fee / Unit $ - $ 887 $ 689 $ 689 $ 498 $ - $ - $ - Note: Fees effective September 16, 2021
Item No. 13.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: City Council Member Requested Agenda Item - Consideration and Review of the City's Fireworks Ordinance
SOURCE: City Manager's Office
COMMENT:

Mayor Reyes has requested that the City Council consider and review the City's Fireworks Ordinance. Pursuant to the City Council Procedural Handbook, should the Council approve to consider Mayor Reyes' request, the subject would be considered as a Scheduled Matter at the Council's next regular meeting.

RECOMMENDATION: That the City Council approve Mayor Reyes' request to consider and review the City's Fireworks Ordinance as a Scheduled Matter at its next regular meeting.

ATTACHMENTS: 1. Municipal Code: Chapter 12, Article II. Fireworks Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
ARTICLE II. FIREWORKS
SECTION:
12-2.1: Definitions
12-2.2: Sales Of Fireworks; Permits Required
12-2.3: Public Displays Of Fireworks
12-2.4: Number Of Permits Limited/Preapplication
12-2.5: Sales Of Safe And Sane Fireworks; Applications For Permits 12-2.6: Permit Issuance Based On Drawing Selections
12-2.7: Period Of Discharge
12-2.8: Prohibitions On Discharge
12-2.9: Time Period For Sale
12-2.10: Prohibitions
12-2.11: Regulations Related To Fireworks Sales
12-2.12: Fireworks Stands; Requirements
12-2.13: Fireworks Stands; Locations
12-2.14: Certificate Of Insurance
12-2.15: State Fireworks Law
12-2.16: Revocation Of Permits
12-2.17: Nonissuance Of Permits
12-2.18: Seizure Of Fireworks
12-2.19: Exceptions
12-2.20: Violations; Penalties
12-2.21: Social Host
12-2.22: Reward Program
12-2.1: DEFINITIONS:

For the purposes of this article, definitions shall have the respective meaning ascribed to them in section 12500 et seq., of the Health And Safety Code of the State of California, and, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

CITY: The City of Porterville.

DANGEROUS FIREWORKS:

Any fireworks specified as such in the state fireworks law, section 12500 et seq., of the Health And Safety Code of the state and such other fireworks as may be determined to be dangerous by the state fire marshal.

ELIGIBLE ORGANIZATION:

An organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for the permit required by this article (and which continues to do so thereafter):

A. The organization must be a duly organized not for profit charitable, religious, civic, patriotic or community service organization; B. The organization must be headquartered within and clearly affiliated or identified with Porterville;
C. The organization must be one which provides direct and regular community services and benefits to the citizens of the city; and D. The organization must hold its regularly scheduled meetings within the city;
E. Must maintain a bona fide membership of at least twenty (20) members;
F. The organization must have a tax exempt identification number assigned to them;
G. One application per tax exempt ID number will be allowed; and H. One permit per tax exempt number will be allowed.

FIRE CHIEF: The fire chief or his/her duly authorized designee.

FIREWORKS:

Any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance; except that the term “fireworks” shall not include any auto flares, paper caps containing not in excess of an average of twenty five one-hundredths (0.25) of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

SAFE AND SANE
FIREWORKS:

Any fireworks which do not fall within the definition of “dangerous fireworks” or “exempt fireworks” per Health and Safety Code section 12529. The California state fire marshal’s seal of registration shall be applied to all classified fireworks and pyrotechnic devices by a licensed manufacturer, importer, exporter or wholesaler and shall indicate the classification assigned by the state fire marshal.

STAND:

Any building, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued. (Ord. 1650 § 2, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021)
12-2.2: SALES OF FIREWORKS; PERMITS REQUIRED:

A. It shall be unlawful for any person to sell or offer for sale any dangerous fireworks in the city.

B. It shall be unlawful for any person to sell or offer for sale any “safe and sane” fireworks in the city without first obtaining a permit therefor. (Ord. 1650 § 3, 4-6-2004; Ord. 1882, 5-4-2021) 12-2.3: PUBLIC DISPLAYS OF FIREWORKS:

The fire chief shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a licensed operator approved by the fire chief and shall be of such character and so located, discharged or fired so as, in the opinion of the fire chief after proper investigation, not to be hazardous to property or endanger any person. Said rules and regulations are as follows:

A. Applications: Applications for permits shall be made in writing at least ten (10) days in advance of the date of the display. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

B. Bond For Fireworks Display Required: The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the city’s risk manager for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.

C. Disposal of Unfired Fireworks: Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. (Ord. 1650 § 3, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1882, 5-4-2021) 12-2.4: NUMBER OF PERMITS LIMITED/PREAPPLICATION:

The maximum number of permits to sell “safe and sane” fireworks which may be issued pursuant to this article during any one calendar year shall not exceed one permit for each four thousand (4,000) residents of the city, or major fraction thereof, based on the most recent population figure as determined by the federal decennial census and updated annually by the California state department of finance. If the number of preapplications received up to and including the last day for making applications pursuant to this article exceeds the number of permits to be issued for the city, the fire chief shall thereafter supervise a public drawing to determine an order of priority for each preapplication. Preapplications can be obtained at the fire department or online at the city of Porterville’s website between January 1 and the last business day of January. All applicants will be assigned a number in the order in which the preapplication is received. The drawing will be held between February 16 and February 28 each year. (Ord. 1799, 11-5- 2013; Ord. 1882, 5-4-2021)
12-2.5: SALES OF SAFE AND SANE FIREWORKS; APPLICATIONS FOR PERMITS:

Permits to sell “safe and sane” fireworks shall be issued by the fire chief. Application packets for a permit will be furnished to eligible organizations whose number has been drawn. Each organization must meet all the applicable requirements set forth in the application for permits section and the permit issuance section.

A. Any eligible organization desiring to sell “safe and sane” fireworks in the city of Porterville shall obtain a permit application from the fire department. Permit applications shall be obtained during the period commencing the first business day of March and ending the last business day in March.

B. Such applications shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, shall agree to abide by state laws and administrative regulations and all the stipulations of this code and the permit if permission to operate a fireworks stand shall be granted to the organization.

C. Completed applications shall be returned to the fire department no later than five o’clock (5:00) P.M. on the last business day of March each year. Any eligible organization making an application for such permit to sell “safe and sane” fireworks that fails to return the completed application prior to five o’clock (5:00) P.M. on the last regular business day in March shall not be issued a permit to sell “safe and sane” fireworks.

D. The licensee shall use the net proceeds derived from its operations under such license only for such nonprofit, charitable, religious or eleemosynary service projects that shall be of direct benefit to the city of Porterville and for no other purpose. (Ord. 1650 § 3, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021) 12-2.6: PERMIT ISSUANCE BASED ON DRAWING SELECTIONS:

A. All eligible organizations shall obtain and submit to the fire department the following forms supplied by the fire department.

Forms will be supplied to those organizations whose drawn assigned number is sequentially within the total number of permits to be issued. All other applicants will be placed on a waiting list in the sequence of their drawn assigned number. If an applicant does not satisfy the requirements of this section within the time periods identified in this section, the next drawn assigned number on the waiting list will be notified and provided with the following paperwork:

1. The property owner’s release form signed by the property owner authorizing permission to erect a fireworks stand on his property;

2. The fireworks storage form indicating where and how the fireworks will be stored when not in the approved stand;

3. The state fire marshal’s license to sell safe and sane fireworks;

4. A copy of the temporary seller’s permit issued by the state board of equalization; and a. The certificate of insurance required by section 12-2.14 of this article. b. A statement of organization eligibility.
c. A site plan indicating location of stand, distance to nearest building, ingress, egress, parking, etc.

B. These forms must be returned to the fire department by the last business day of March.

C. No permit issued or authorized shall be transferable or assignable.

D. When all the application requirements have been completed and the fireworks stand location has been approved, the fire department shall authorize the erection of a fireworks stand. Each qualified organization shall pay to the administrative services director or designee a permit fee amount as listed in the master administrative fee schedule amended from time to time by resolution of the city council. This fee will include a refundable cleanup deposit. Each permit shall be for only one stand per eligible organization and shall be forwarded to the fire department for delivery as set forth in subsection E of this section.

E. Permits will be effective only when issued by the fire department after the final inspection of the stand shows compliance with all the requirements of this article. (Ord. 1650 § 3, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021) 12-2.7: PERIOD OF DISCHARGE:

Safe and sane fireworks, as defined by section 12529 of the California Health And Safety Code, as amended (“fireworks”), may be discharged within the city limits of the city of Porterville (“city”) during the period beginning at twelve o’clock (12:00) noon on June 28 and ending at eleven fifty nine o’clock (11:59) P.M. on July 4 of any year. (Ord. 1776, 4-5-2011; Ord. 1882, 5-4-2021) 12-2.8: PROHIBITIONS ON DISCHARGE:

It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the private property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within fifteen feet (15') of any residence, dwelling or any other structure, public property, fields or waterway. (Ord. 1776, 4-5- 2011; Ord. 1882, 5-4-2021)
12-2.9: TIME PERIOD FOR SALE:

Safe and sane fireworks” may be sold within the city limits of the city of Porterville during the period beginning twelve o’clock (12:00) noon on June 28 and ending at ten o’clock (10:00) P.M. on July 4. The hours of operation of any stand shall be limited to nine o’clock (9:00) A.M. to ten o’clock (10:00) P.M. daily during the days identified in this article, except that hours of operation of any stand on June 28 shall commence at twelve o’clock (12:00) noon. (Ord. 1650 § 3, 4-6-2004; Ord. 1882, 5-4-2021) 12-2.10: PROHIBITIONS:

A. The manufacture of fireworks is prohibited within the jurisdiction.

B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as “dangerous fireworks” by section 12505 of the Health And Safety Code of the state of California.

C. The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as “safe and sane fireworks” by section 12529 of the Health and Safety Code of the state of California is expressly prohibited, except as limited by this article.

D. It shall be unlawful to store any fireworks in any residence, home, garage, or automobile within the city of Porterville. It shall also be unlawful to store any fireworks in any building or other place within the city of Porterville without having first applied for and received a permit pursuant to section 12-2.2 of this article.

E. No fireworks shall be stored within one hundred feet (100') of any gasoline service station or any garage located within twenty five feet (25') of any other structure. Any facility for the storage of fireworks shall maintain a minimum setback from the street curbing of ten feet (10').

F. No person shall light, or cause or permit to be lighted, any fireworks, or any other article or material, within any structure approved for fireworks storage, or within fifty feet (50') thereof.

G. No smoking shall be allowed in any structure that is used for storing fireworks nor within fifty feet (50') of said structure. “No Smoking” signs shall be prominently displayed. (Ord. 1650 § 4, 4-6-2004; Ord. 1776, 4-5-2011) H. Notwithstanding anything to the contrary, “piccolo pete”, “whistling pete”, or “whistling phantom” type fireworks (including other fireworks of similar design, construction and performance) shall not be manufactured, possessed, delivered, used, discharged, displayed, or sold separately or in combination with otherwise allowed fireworks. The possession, manufacture, storage, sale, handling, use, and discharge of fireworks of this type are subject to the penalties outlined in Section 12-2.20.A of this Code. (Ord. 1650 § 4, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1882, 5-4-2021) 12-2.11: REGULATIONS RELATED TO FIREWORKS SALES:

A. It shall be unlawful for any eligible organization to which a permit has been issued:

1. To operate in violation of California Code of Regulations title 19, chapter 6, regulating the storage, transportation, sale and use of fireworks.

2. To obtain or use more than one permit for one stand per year.

3. To fail to clear all flammable or burnable materials within thirty feet (30') from any fireworks stand and to maintain such conditions during the period prescribed for the sale of fireworks.

4. To allow smoking within fifty feet (50') of any such business location or stand or to fail to post “No Smoking” signs with such wording in red letters not less than four inches (4") in height on a white background on all sides of any such stand.

5. To fail to have immediately available within the stand a certified fire extinguisher or other fire extinguishing device of a type approved by the fire department.

6. To sell fireworks earlier than twelve o’clock (12:00) noon on June 28 or later than ten o’clock (10:00) P.M. on July 4.

7. To fail to dismantle and remove any stand or structure of any nature where fireworks were sold as of five o’clock (5:00) P.M.

July 8.

8. To sell fireworks to persons under sixteen (16) years of age.

B. No person other than a member (or their spouse) of the organization or a volunteer who is associated with the organization having a permit shall be permitted to sell or otherwise participate in the sale of fireworks. All fireworks stands shall have the safety regulations posted inside the stand in an approved location. The size of the safety poster will be approved and provided by the fire department. A maximum of one member for every four (4) linear feet of stand is permitted within the stand at any one time (i.e., if the stand is 32 feet long, 32 divided by 4 equals 8 members allowed in the stand) and all persons selling fireworks must be at least eighteen (18) years old.

C. No sleeping inside the fireworks stand will be permitted at any time.

D. No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stand.

E. All electrical/spark producing appliances (fans, coolers, air conditioners, etc.) are prohibited inside the fireworks stands and shall not block the means of egress.

F. Those fireworks which are classified as “dangerous” fireworks under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as “safe and sane fireworks” in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise.

Notwithstanding anything to the contrary, “piccolo pete”, “whistling pete”, or “whistling phantom” type fireworks (including other fireworks of similar design, construction and performance) shall not be manufactured, possessed, delivered, used, discharged, displayed, or sold separately or in combination with otherwise allowed fireworks. The possession, manufacture, storage, sale, handling, use, and discharge of fireworks of this type are subject to the penalties outlined in Section 12-2.20.A of this Code. (Ord. 1650 § 4, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021) 12-2.12: FIREWORKS STANDS; REQUIREMENTS:

All retail sales of “safe and sane fireworks” shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within twenty five feet (25') of any other building or within one hundred feet (100') of a gasoline pump, or within one hundred feet (100') of another fireworks stand, when measured closest point to closest point. Canopies within ten feet (10') of a stand shall be considered an extension of the stand for measurement of setback distances. Minimum setback from the street curbing, alley, or driveway shall be ten feet (10'). Stands shall not cover or impede any public rights of way.

B. No stand shall have a floor area in excess of four hundred (400) square feet. The width and length of each stand shall be a maximum of ten feet by forty feet (10' x 40'), respectively.

C. Each stand must have at least two (2) exits located on separate walls. Fireworks stands with only three (3) sides and open from the back will not require exits. Fireworks stands shall have exits at least thirty inches (30") in width at both ends of the structure.

An aisle with a minimum width of thirty inches (30") shall lead to each exit. Exits shall remain unobstructed. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked and unlatched whenever the stand is occupied.

D. Each stand shall keep easily accessible a minimum of one 21/2-gallon water pressure type fire extinguisher and one 2A10BC rated dry chemical fire extinguisher and each shall be in good working order and bear a current inspection sticker. Extinguishers must be of a type approved for such use by the Porterville fire department.

E. All stands must be constructed of solid wood or metal.

F. After hours, stands must be properly secured or a security guard must be provided to patrol the premises. Under no circumstances shall the night watchman sleep within the fireworks stand.

G. All unsold stock and accompanying litter shall be removed from the location by five o’clock (5:00) P.M. July 5.

H. Fireworks stand may be brought to the site one week prior to June 28 and must be dismantled and removed by five o’clock (5:00) P.M. July 8.

I. Temporary lighting may be installed in the fireworks stands. Approved temporary lights must have a guard protecting the bulb/fixture and all wiring and fixtures must be 3-wire and grounded.

J. Primary power to the temporary lighting may be by means of on site commercial power in a fixed facility or by means of an on site portable generator. Generators must be located at least twenty five feet (25') from the fireworks stand. Location of portable generators must be approved by fire department.

K. Fuel for portable generators is not allowed to be kept on the premises.

L. No switches, electrical receptacles (plug ins), or splices are permitted within the stand.

M. Extension cords to the stand are to be heavy duty, minimum of fifteen (15) amp capacity, and protected from vehicular damage. Romex is not an acceptable extension cord.

N. All trash shall be removed from the premises and the fireworks stand each evening at the close of business.

O. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet (50') thereof.

P. No alcoholic beverages shall be allowed on the premises. No person who is under the influence of alcoholic beverages shall enter or be allowed into the sales booth.

Q. Signage will be clearly displayed at each site providing for the fines as specified in section12-2.20 of this article.

R. Canopies within twenty five feet (25') of a stand must be labeled by the manufacturer as fire resistive. The total allowable canopy area within twenty five feet (25') of a stand shall be no larger than two hundred (200) square feet.

S. Canopies within twenty five feet (25') of a stand shall meet the requirements set forth in the California code of regulations title 24, part 9, chapter 24 and title 19, division 1. (Ord. 1650 § 4, 4-6-2004; Ord. 1776, 4-5-2011; Ord. 1799, 11-5-2013; Ord. 1882, 5-4- 2021)
12-2.13: FIREWORKS STANDS; LOCATIONS:

A. In no instance shall any fireworks stand be located within a residential zoned district.

B. No stand shall be located closer than one hundred feet (100') from another. (Ord. 1776, 4-5-2011; Ord. 1882, 5-4-2021) 12-2.14: CERTIFICATE OF INSURANCE:

Prior to the issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the city. The certificate shall name the city of Porterville, its officers, agents, employees and volunteers as “additional insured”. The certificate shall evidence coverage in an amount determined by the city’s risk manager; providing, however, the amount shall not be less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence, and the deductible, if any, shall not be greater than one thousand dollars ($1,000.00). The certificate shall specify the time, location, and dates to be covered by the policy. The certificate shall be provided to the fire department no later than five o’clock (5:00) P.M. on the last regular business day in March of the subject year or at such other time as the chief of the fire department may allow. (Ord. 1330, 5-7-1985; Ord. 1568, 1-19- 1999; Ord. 1601, 5-1-2001; Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021) 12-2.15: STATE FIREWORKS LAW:

The provisions of this article shall be construed so as not to conflict with the state fireworks law. (Ord. 1330, 5-7-1985; Ord. 1568, 1- 19-1999; Ord. 1601, 5-1-2001; Ord. 1882, 5-4-2021)
12-2.16: REVOCATION OF PERMITS:

Any violation of this article or other city laws, or the terms and conditions of the permit, or state laws or administrative regulations, or safety rules of the fire department shall be grounds for the immediate revocation of the permit. All officers, agents, and employees of the eligible organization shall be responsible for compliance with all the provisions of this article. (Ord. 1330, 5-7-1985; Ord. 1568, 1- 19-1999; Ord. 1601, 5-1-2001; Ord. 1882, 5-4-2021)
12-2.17: NONISSUANCE OF PERMITS:

The final decision to issue permits shall rest with the fire chief. In cases such as civil unrest, severe drought conditions, or any other such situation deemed to be harmful or to have the possibility of creating an extreme hazard to persons and/or property the fire chief shall be the final authority in granting permits for fireworks sales. The right to refuse permits to applicants who have violated the regulations in this article in previous years shall also rest with the fire chief. (Ord. 1330, 5-7-1985; Ord. 1568, 1-19-1999; Ord. 1601, 5-1-2001; Ord. 1882, 5-4-2021)
12-2.18: SEIZURE OF FIREWORKS:

The fire chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this article. (Ord. 1776, 4-5-2011; Ord. 1882, 5-4-2021) 12-2.19: EXCEPTIONS:

Nothing in this article shall be construed as prohibiting the use of torpedoes, flares, or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the sale, discharge or display of fireworks by permittees having a permit as herein provided; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; or the transportation of fireworks through the city in regular course, and in original packages or containers from any point outside of the city to any other point outside the city. (Ord. 1330, 5-7-1985; Ord. 1568, 1-19-1999; Ord. 1601, 5-1-2001; Ord. 1882, 5-4-2021) 12-2.20: VIOLATIONS; PENALTIES:

A. The maximum fines for any violation related to the improper use, or any violation of the provisions outlined in this Chapter for the manufacture, possession, sale, delivery, use, or discharge of “Safe and Sane” fireworks within the City of Porterville, or any other violation of this Chapter other than the violations set forth in subsection (B) below, or unless otherwise specified in this Chapter, shall be:

1. One-thousand dollars ($1,000) for the first offense; and

2. Two-thousand five hundred dollars ($2,500) for the second offense within 36 months of the previous violation; and

3. Five-thousand dollars ($5,000) for each subsequent offense within 36 months of the previous violation.

B. The maximum fines for the manufacture, possession, sale, delivery, use, or discharge of dangerous fireworks within the city of Porterville shall be:

1. Two-thousand five hundred dollars ($2,500) for the first offense; and

2. Five-thousand dollars ($5,000) for the second offense within 36 months of the previous violation; and

3. Ten-thousand dollars ($10,000) for each subsequent offense within 36 months of the previous violation.

C. Any administrative fine or administrative civil penalty assessed pursuant to this Chapter 12-2, shall provide for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs pursuant to Health and Safety Code Section 12557.

D. Chapter 12-2 shall be limited to apply only to a person, organization, group, association, etc., who possesses or the seizure of 25 pounds or less of dangerous fireworks.

E. Any administrative fine or administrative civil penalty collected pursuant to this Chapter 12-2, shall not be subject to Health and Safety Code Section 12706, Disposition of Fines and Forfeitures. (Ord. 1799, 11-5-2013; Ord. 1882, 5-4-2021) 12-2.21: SOCIAL HOST:

A. Findings, Intent and Purpose.

1. Findings. The City Council, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The illegal possession, manufacture, storage, sale, handling, use, and discharge of fireworks, defined as “Dangerous Fireworks” in Section 12-2.1 of this code, on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property and the general welfare. While the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult to tell who at the residence or property discharged the illegal firework(s). The owner or tenant of the premises is often in the best position to control, and knows or should know of the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks on his/her residence or commercial premises. The City Council finds that in too many cases, persons having possession or control of private property where the illegal possession, manufacture, storage, sale, handling and use of fireworks occurs, have failed to ensure that illegal fireworks are not possessed, manufactured, stored, sold, handled, used, or discharged on their property. Furthermore, problems associated with the illegal possession, manufacture, storage, sale, handling, use and discharge of fireworks are difficult to prevent and deter unless the Fire Chief, Police Chief, or other designated official of the City of Porterville has the legal authority to cite the owner or tenant of the premises where illegal fireworks are possessed, manufactured, stored, sold, handled, used or discharged.

2. Intent. The intent of this section is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes liability on property owners or tenants for allowing the possession, manufacture, storage, sale, handling or use of illegal fireworks on their property is necessary to deter and prevent such possession, manufacture, storage, sale, handling, use, or discharge and to deter persons who actively and passively aid, allow, or tolerate such activities on their property.

3. Purposes. The purposes of this section are to protect the public health, safety and general welfare, to deter the possession, manufacture, storage, sale, handling, use or discharge of illegal fireworks, and to reduce the costs of providing police, fire, and other emergency response services to areas where illegal fireworks are being possessed, manufactured, stored, sold, handled, used, or discharged. These purposes are implemented by the imposition of a civil money penalty against social hosts (landowners or tenants) who actively or passively aid, allow or tolerate the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks on their property.

4. Declaration. For these reasons, the City Council declares that the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks is a threat to the peace, health, safety and general welfare of the public. Such actions constitute a public nuisance as they affect at the same time the entire community of the City of Porterville as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the Fire Chief, Police Chief, or other City of Porterville designated official under Government Code Section 38773.

B. Definitions. For the purposes of this section, the following terms shall have the following meanings:

RESIDENCE or OTHER
PRIVATE PROPERTY:

A home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, meeting room, office, land or building, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, business, or location for parties or other social functions, and whether owned, leased, rented, or used with or without compensation.

RESPONSIBLE PERSON:

A person or persons with a right of possession of the residence or other private property at which illegal fireworks are possessed, manufactured, stored, handled, used or discharged, including but not limited to:
a. Any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the possession, manufacture, storage, sale, handling or use of illegal fireworks, wherever that person or entity resides at that time;
b. A tenant or lessee of the residence or other private property at the time when illegal fireworks are possessed, manufactured, stored, handled, used or discharged;
c. The person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, manufactured, stored, sold, handled, used or discharged;
d. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering where illegal fireworks are possessed, manufactured, stored, sold, handled, used or discharged.

A responsible person need not be present at the time illegal fireworks are possessed, manufactured, stored, sold, handled, used, or discharged in order for the City of Porterville to impose civil money penalties upon such responsible person. Prior knowledge of the possession, use, manufacture, storage, sale, handling, use, or discharge of illegal fireworks is not prerequisite to a finding that any specific individual is a responsible person as defined by this section.

C. Responsibility for Proper Property Management. Every owner, occupant, lessee, tenant or holder of any possessory interest of a residence or other private property within the City of Porterville is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provision of this section. The owner of the property may remain liable for such violations regardless of any contract or agreement with any third party regarding the property.

D. Penalties for Violation.

1. It is a civil violation of this section, and a public nuisance constituting an immediate threat to public health and safety warranting all remedies otherwise permitted by this Code including but not limited to summary abatement, for any responsible person to conduct or allow illegal possession, manufacture, storage, sale, handling, use, or discharge of fireworks on his/her residential or other private property. Such a violation additionally subjects any and all responsible persons to the civil money penalties specified in Section 12-2.10.B of this code.

2. In the event that a juvenile hosts a gathering at a residence or other private property at which illegal possession, manufacture, storage, sale, handling, use, or discharge of fireworks occurs, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this section.

E. Social host liability.

1. The City, in its discretion, may opt to not hold a private property owner liable under this section for a violation of Sections12-

2.7, 12-2.8, or 12-2.10, on that property if the owner can demonstrate that at the time of such violation if they:
a. Had rented or leased the property to another;
b. Were not present;
c. Had no prior knowledge of, or reason to know of the violation; and d. There has been no prior notice of violation or citation issued to the particular occupant at the premises.

2. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations of Sections 12-2.7, 12-2.8, or 12-2.10 occurring in the common areas of the property, solely on the basis of that right to use, possess or occupy that unit.

3. Nothing in this section shall limit the liability of any social host for a violation of Section12-2.7, 12-2.8, or 12-2.10 by the social host.

F. Additional Remedies/Penalties. Violations may be deemed a misdemeanor or infraction. Any person who violates any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the city attorney. Upon conviction, the person is subject to punishment by as prescribed in Section 1-9 and any other applicable available remedies in this Code. To the fullest extent permitted by law, that person shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, building and safety and code enforcement departments as a result of a violation.

G. Administrative citation and fine.

1. A peace officer or code enforcement officer may issue an administrative citation and fine for the violation of any of the provisions of this chapter as provided in Chapter 2, Article XIV of the Porterville Municipal Code, without prior issuance of a notice of violation. In addition to the proscribed penalties, and to the fullest extent permitted by law, the person shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, animal control, building and safety, and code enforcement departments as a result of a violation.

2. The administrative citation fines shall be as defined in Section 12-2.20.

3. All administrative citation procedures, including appeal procedures, as set forth in Chapter 2, Article XIV of the Porterville Municipal Code shall be applicable to administrative citations issued for violations of this chapter.

H. Remedies cumulative. The remedies provided in this chapter are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

I. Assessment against property for unpaid costs. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 12-2.18, 12-2.20, and this section 12-2.21 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

J. Cost assessment. If the City opts for enforcement pursuant to subsection I. above, City officials investigating the firework abatement matter shall keep an account of the cost of abatement on each separate lot or parcel of land where the work is done.

After confirmation of an account report, on or before August 10 of each year, a certified copy of the confirmed report shall be filed with the Tulare County auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes are made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected. (Ord. 1882, 5-4-2021)
12-2.22: REWARD PROGRAM:

The City Council is authorized to establish, by Resolution, a reward program, using funds consisting of fines collected from firework violations, to pay to individuals providing information leading to the identification and successful criminal or civil prosecution of any person violating the Porterville City Code related to the unlawful possession, use, manufacture, storage, sale, handling, use, or discharge of dangerous fireworks. (Ord. 1882, 5-4-2021) Item No. 14.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of December 21, 2021, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a 25% reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from 32% to 26%, due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers Item No. 14.
under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of 55 gallons per-person per-day in 2022, reducing to 52.5 gallons per-person perday in 2025, and finally to 50 gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City of Porterville will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners have continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously Item No. 14.
connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed

1.5 gallons per minute per residence, the new well could effectively serve up to 500 single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at their meeting of Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the State- Item No. 14.
funded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, 23 of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible 800 residences in East Porterville to the City's water system.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the 41 connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system.

For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30th, the City Council directed staff Item No. 14.
to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately 45 people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the 31 residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Item No. 14.

Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

United States Department of Agriculture
Office of the Secretary
Washington, D.C. 20250
An Equal Opportunity Employer
March 5, 2021
The Honorable Gavin Newsom
Governor
State of California
Sacramento, California 95814
Dear Governor Newsom:

In accordance with 7 CFR 759.5(a), I am designating 50 California counties as primary natural disaster areas due to a recent drought.

According to the U.S. Drought Monitor (see http://droughtmonitor.unl.edu/), these counties suffered from a drought intensity value during the growing season of 1) D2 Drought-Severe for 8 or more consecutive weeks or 2) D3 Drought-Extreme or D4 Drought-Exceptional.

In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, additional areas of your state and adjacent states are named as contiguous disaster counties. Enclosed you will find documentation that provides a detailed list of all primary and contiguous counties impacted by this disaster.

A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm and the security and repayment ability of the operator.

Local FSA offices can provide affected farmers with further information.

Sincerely,
Thomas J. Vilsack
Secretary
Enclosure
Disaster Designation Areas for California and Contiguous States Primary Counties:

California (50)
Alameda Glenn Marin Riverside Solano
Alpine Humboldt Mariposa Sacramento Sonoma
Amador Imperial Mendocino San Bernardino Stanislaus
Butte Inyo Merced San Francisco Sutter
Calaveras Kern Modoc San Joaquin Tehama
Colusa Kings Mono San Mateo Trinity
Contra Costa Lake Napa Santa Clara Tulare
Del Norte Lassen Nevada Shasta Tuolumne
El Dorado Los Angeles Placer Sierra Yolo
Fresno Madera Plumas Siskiyou Yuba
Contiguous Counties:

California (8)
Monterey San Benito San Luis Obispo Santa Cruz
Orange San Diego Santa Barbara Ventura
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:

Contiguous Counties in Adjacent States:

Arizona (3)
La Paz Mohave Yuma
Nevada (8)
Clark Esmeralda Mineral Washoe
Douglas Lyon Nye Carson City
Oregon (5)
Curry Josephine Lake
Jackson Klamath

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
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ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017