Porterville City Council
March 15, 2022

City Council Agenda March 15, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 15, 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 March 15, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/88086316976?pwd=OFAzYXJzeGNLbnREbGZXUjgrU095UT09 Or via Telephone: 1-669-900-6833 Webinar ID: 880 8631 6976 Passcode: 589023 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 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville City Employees Association, Management & Confidential Series, Public Safety Support Unit, Porterville Peace Officers Association, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

2 - Government Code Section 54956.95 – Liability Claim: Claimant: Joaquin Valencia. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Andrew Melkonian/Home Rental Agency. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Seven (7) cases in which facts are not yet known to potential plaintiff.

5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
City Council Agenda March 15, 2022

Pledge of Allegiance Led by Council Member Reyes
Invocation

PRESENTATIONS
Recognition of Police Officers During Critical Incidents

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.

1. Tulare County Association of Governments (TCAG) /Tulare County Transportation Authority - February 28, 2022

2. LINC Committee - March 2, 2022

3. Eastern Tule Groundwater Sustainability Agency Board - March 3, 2022

4. Internal City Audit Committee - March 3, 2022

5. Porterville Chamber of Commerce First Friday Coffee - March 4, 2022

6. Military Banner Program Committee - March 8, 2022

7. COVID Ad Hoc Committee - March 8, 2022

8. Porterville Exchange Club Public Safety Dinner - March 9, 2022

9. Tule River Active Transportation Plan - March 11, 2022

10. Wall of Fame Ceremony - March 11, 2022

11. Tulare County Water Commission - March 14, 2022

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - March 3, 2022

2. Library & Literacy Commission - March 8, 2022

3. Arts Commission

4. Animal Control Commission -February 22, 2022

5. Youth Commission - March 9, 2022
City Council Agenda March 15, 2022

6. Transactions and Use Tax Oversight Committee (TUTOC) - February 24, 2022 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - February 2022

2. Clean-up Event Date Change

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 Prefabricated Structure for Storage of the Early Learning Vehicle
Re: Consideration to authorize the purchase of a prefabricated structure for storage of the Early Learning Vehicle in the amount of $19,400.25.

2. Authorization to Purchase Subscription for Lease Accounting Software Re: Consideration to authorize the purchase of a subscription to Gravity Lease Management from IGM Technology for a total cost of $11,375.00.

3. Authorization to Purchase Picnic Tables
Re: Authorization to purchase picnic tables for the Murry Park Pavilion #2 from Zoom Recreation for $8,395.16.

4. Authorization to Repair Transit Vehicle #8113
Re: Consideration to authorize the transit vehicle repair by Milinich Body Works at a cost not to exceed $14,116.

5. Authorization to Rebuild Influent Pump #4
Re: Consideration to award the rebuilding of influent pump #4 located at the City wastewater treatment facility, to Shape Incorporated for a not to exceed amount of $34,135.00.

6. Authorization to Advertise for Bids - City Hall Roofing Project Re: Authorizing staff to readvertise for bids on the City Hall Roofing Project with an expanded project scope and approving an additional $145,000 in funding from the General Fund Facility Deferred Maintenance/Equipment Replacement Fund.

7. Authorization to Advertise for Bids - Sewer Annexation Area 478B and 478C Re: Approving staff's recommended Plans and Project Manual, and authorizing staff to advertise for bids and to negotiate construction surveying services with one of the firms as approved by City Council action via M.O. 02-100714.

8. Authorization to Advertise for Bids - Sewer Annexation Area 474B Re: Authorizing staff's recommended Plans and Project Manual, advertising for bids, and to negotiate construction surveying services with one of the firms as approved by the City Council via M.O. 02-100714.

9. Award of Contract for Fair Housing Education Services Re: Considering award of a contract in the amount of $15,000 to Community Services Employment Training (CSET) for the provision of Fair Housing education services.

City Council Agenda March 15, 2022

10. Approval of Extraterritorial Service Agreements
Re: Consideration of approval of Extraterritorial Service Agreements for municipal water services for four residential properties located on the northeast corner of Leggett Street and River Avenue in East Porterville.

11. Authorization of Street Closure for Music on Main Concert Series Re: Consideration to authorize the street closure of Cleveland Avenue between Main Street and the alley just east of Centennial Park for the proposed Music on Main Spring Concert Series to be held on Fridays at 6:00 p.m. at Centennial Park from April 8 - May 7, 2022.

12. Fourth Street Property Deed for Prop 68 Statewide Park Grant Program Park and Community Center Project
Re: Consideration to authorize the recordation with the County Recorder for a Deed Restriction running on the property owned by the City of Porterville APNs 253-050-089 and 253-050-093.

13. Acquisition of Real Property APN 302-130-030 and 302-130-010 Re: Authorizing the purchase of real property from members of the Reeder, Jaggers. Shannon, and Calvin families in the amount of $3,063,500, consisting of two parcels totaling 152.75 acres generally located on the north side of Avenue 120, just east of Road 208 and the Friant-Kern Canal in southwest Porterville.

14. Authorization to Negotiate a Contract - Design Services for Remodel/Additions at Existing Fire Stations
Re: Authorize staff to negotiate a scope of services and contract with Jeff Katz Architectural Corporation (JKA), or if unsuccessful, then with DKJ Architects, Inc., or if unsuccessful, then with Andrew Goodwin Designs.

15. Consideration of a Request for an Extension to Conditional Use Permit (PRC 2019-035- C)
Re: Consideration of adopting a Resolution to approve a requested one-year extension of Conditional Use Permit (2019-035-C) to conditionally allow the construction of a 63,108± square foot hotel located generally northeast of Henderson Avenue and Prospect Street.

16. Approval for Community Civic Event - Boys & Girls Club - 2022 Love Our Kids Fun Run - April 9, 2022
Re: Consideration to approve the Boys and Girls Club application for a community civic event permit to hold the 2022 Love Our Kids Fun Run on April 9, 2022, along Veterans Park.

SA-17. Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading - April 2, 2022
Re: Considering approval of an annual event scheduled to take place on April 2, 2022, at Veteran's Park.

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

ADMINISTRATIVE HEARING

19. Wholly-Locally Owned Cannabis Business Operating Permit for Retail Dispensary Request for Proposals Appeal – Bloom Farms
City Council Agenda March 15, 2022

Re: An Administrative Hearing concerning an Appeal filed on behalf of Bloom Farms regarding a RFP submission being returned as late.

SECOND READINGS

20. Second Reading - Ordinance 1891 Approving a Zone Change (PRC 2020-044) From RS-1 (Very Low Density Residential) to RS-2 (Low Density Residential) For APNs 245- 010-037, -041, AND -087
Re: Giving second reading of Ordinance 1891 approving a Zone Change, reading by title only, and adopting said ordinance to become effective in thirty (30) days.

SCHEDULED MATTERS

21. Bid Results - Fire Management Office Remodel Project That City Council:
1) Award of the Fire Management Office Remodel Project to TMJ Construction Inc in the amount of $36,875;
2) Authorize progress payments up to ninety-five percent (95%) of the contract amount; 3) Authorize a contingency in the amount of $7,000 to cover unforeseen construction costs:
4) Authorize $3,000 for construction management, quality control, and inspection services; and 5) Authorize an additional appropriation of up to $28,500 from the Facility Deferred Maintenance/Equipment Replacement Designated Fund to fully fund the project.

22. Consideration of Scheduling City Council Goal and Priority Setting Session Re: Consideration of the City Council to approve the scheduling of its Priority Projects Study Session for Tuesday, April 12, 2022, beginning at 6:00 p.m., in Council Chambers.

23. 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
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of April 5, 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 – MARCH 15, 2022
SUBJECT: 1. Water Conservation Phase IV Status Update - February 2022 SOURCE: Public Works
COMMENT: Information Only
RECOMMENDATION: 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 February 2022 show that a total of seven (7) notices of violation were issued for water wasting, and one (1) Administrative Citation was issued.

Water production for February 2022 shows a nine percent (9%) increase from the 5-year average. The monthly production for February was 218 million gallons, which is an eleven percent (11%) increase in comparison to the monthly production for February 2013 of 197 million gallons. Residential consumption for February 2022 was 90 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 February 2022. Porterville's cumulative total production conservation through February 2022 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will reflect June 2015 through February 2022. Porterville's cumulative total GPCD conservation through February 2022 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twentyeight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (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 twenty-six percent (26%). The
continuation of the current conservation goal 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 twenty percent (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 prior-year levels due to extended excessive drought conditions. Water production for the city system shows a seven percent (7%) increase from February 2021 to February 2022.

ATTACHMENTS: 1. Monthly Production Status February 2022

2. Monthly Production Status GPCD February 2022

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 February 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
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 February 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
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.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: 2. Clean-up Event Date Change
SOURCE: Public Works
COMMENT: To encourage local property maintenance and beautification, the City sponsors two clean-up events annually; one in Spring and one in Fall. These events offer City residential refuse customers free disposal of general trash, bulky items, wood waste, yard clippings, and e-waste at the City's Corporation Yard.

Based on the success of prior events, staff recommends the City host two Community Clean-Up Events in 2022. The proposed event dates were Saturday, April 23rd, and Saturday, October 15th. Staff was recently made aware of a community event conflict for April 23, 2022, conflicting with the proposed Iris Festival by the Porterville Chamber of Commerce. Staff has made the necessary changes to move the proposed clean-up event to Saturday, May 21, 2022, and conduct the Fall event Saturday, October 15, 2022. As in the past, the events are open to all residents receiving City residential refuse service. Staff estimated city costs for both events to be approximately $11,000 and funded through the Solid Waste Operating Budget.

RECOMMENDATION: Informational Item Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 1.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Purchase Prefabricated Structure for Storage of the Early Learning Vehicle
SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville Library received a California State Library (CSL) Shared Vision Grant award in the amount of $60,000 to purchase an early learning vehicle in 2020. The first disbursement from CSL in the amount of $54,000 arrived in the Fall of 2020. The CSL Shared Vision Grant closes on March 31, 2022, and once staff completes the final report in April 2022, the remaining funds of $6,000.00 will be disbursed to the City.

Recently, staff received approval from CSL grant administration staff to spend the remainder of the grant funds on a prefabricated shelter to protect and store the early learning vehicle. Tuff Shed was the sole vendor who responded with a quote that contained the appropriate dimensions, along with the requirements from CSL including that the unit had to be prefabricated and portable. The total cost of the pre-fabricated shelter with installation is $19,400.25, plus tax. Upon CSL's final disbursement to the City, the remaining balance of the grant will be $10,450.88. Staff proposes to utilize budgetary savings from the Library Division's General Fund to cover the remaining balance of the Tuff Shed.

RECOMMENDATION: That the City Council authorize staff to purchase a Tuff Shed shelter for the storage of the Early Learning Vehicle in the amount of $19,400.25 plus tax.

ATTACHMENTS: 1. Tuff Shed Quote
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 – MARCH 15, 2022
SUBJECT: Authorization to Purchase Subscription for Lease Accounting Software SOURCE: Finance
COMMENT: In June 2017, the Government Accounting Standards Board (GASB) issued Statement No. 87, Leases, which revised the existing standards on lease accounting and financial reporting. The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. It establishes a single model for lease accounting based on the foundational principle that leases are financing of the right to use an underlying asset.

GASB Statement No. 87 requires an evaluation of the City's current lease portfolio to determine if they meet the Statement's definition of a lease. It requires the recognition of a lease liability and a lease asset for the lessee or a lease receivable and deferred inflow of resources for the lessor, calculation of the present value of future lease payments, preparation of amortization schedules, journal entries, and the required disclosure notes to the financial statements. GASB 87 is effective beginning in the current fiscal year 2021- 2022.

In May 2020, GASB issued Statement No. 96, Subscription-Based Information Technology Arrangements (SBITAs), which establishes standards of accounting and financial reporting for SBITAs by a government. SBITAs provide governments with access to vendors' IT software and associated tangible capital assets for subscription payments without granting governments perpetual license or title to the IT software and associated tangible capital assets. Prior to the issuance of this Statement, there was no accounting or financial reporting guidance specifically for SBITAs. GASB 96 is effective beginning in the next fiscal year, 2022-2023.

To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases. It requires the recognition of a subscription liability and an intangible right-to-use asset, calculation of the present values of subscription payments, preparation of amortization schedules, journal entries, and note disclosures.

To ensure compliance and assist staff in the implementation of both GASB 87 and GASB 96, staff explored the following specialized cloud-based software for lease analysis and management and to automate accounting workflows:

Item No. 2.

1. EZLease - Annual software subscription cost of $7,807.50 for up to seventyfive (75) leases. The annual cost for the next tier, up to one hundred (100) leases is $10,410. The price of annual subscription renewals will not increase by more than three percent (3%).

2. LeaseQuery - Annual software subscription cost of $7,140 for up to eightyfive (85) records, $1,000 annual cost for GASB 96 module, plus a one-time implementation cost of $2,500 and $7,500 ($100 per lease for 75 leases) for lease entry and analysis, for a total initial cost of $18,140. They do not anticipate any price increases in the next few years.

3. DebtBook - Annual subscription cost of $9,750 for up to seventy-five (75) leases. DebtBook is offering a discount of $750 for the first year. This initial subscription includes data entry of lease and analysis at no additional cost. The DebtBook application will also handle GASB 96 contracts. For each renewal term, the new cost will be determined based on the aggregate number of lease obligations outstanding at the time of renewal. DebtBook pricing for the next tier (75 - 150 leases) goes up to $15,000 per year.

4. IGM Technology - Gravity - Annual subscription cost of $9,500 plus onetime implementation fee of $1,875 or $25 per lease, which includes data entry of lease, for a total cost of $11,375 for year one. Gravity will also handle GASB 96 SBITAs and only charge $25 per contract. The subscription cost for year two will remain the same at $9,500, and then a four percent (4%) increase every year.

After an exhaustive analysis and cost comparison of the above proposals, staff determined that IGM Technology's Gravity Lease Management to be the best solution that will assist staff in the implementation and compliance with GASB 87 and GASB 96. The cost of the subscription will be split between the Finance Department and the Airport Fund.

RECOMMENDATION: That the City Council authorize staff to negotiate the purchase of subscription to Gravity Lease Management from IGM
Technology for a one-year contract with an option to renew the contract annually as needed.

ATTACHMENTS: 1. Lease Software Cost Analysis

2. EZLease Order Proposal

3. LeaseQuery Proposal

4. DebtBook Proposal

5. IGM Technology Proposal
Appropriated/Funded:

Review By:

Item No. 2.

Department Director:

Final Approver: John Lollis, City Manager
City of Porterville
Lease Software Cost Analysis
EZ Lease Lease Query DebtBook Gravity
Year 1 $ 7,807.50 $ 7,140.00 $ 9,750.00 $ 9,500.00
75 leases 85 records 75 leases 75 leases
discount $ (750.00)
implementation $ 2,500.00
lease entry/analysis $ 7,500.00 included $ 1,875.00
SBITAs $ 1,000.00
Total (one year) $ 7,807.50 $ 18,140.00 $ 9,000.00 $ 11,375.00 Year 2 $ 10,410.00 $ 8,140.00 $ 15,000.00 $ 9,500.00
100 leases 100 records 150 records 100 records
data entry $ 625.00
$ 10,410.00 $ 8,140.00 $ 15,000.00 $ 10,125.00
Total (two years) $ 18,217.50 $ 26,280.00 $ 24,000.00 $ 21,500.00 Year 3 $ 10,722.30 $ 8,140.00 $ 15,000.00 $ 9,880.00
Total (three years) $ 28,939.80 $ 34,420.00 $ 39,000.00 $ 31,380.00 1 / 2
\i2\Confidential and proprietary information. Not for distribution.

EZLease Order Form 20210914

EZLEASE ORDER FORM
EZLease, LLC (“EZLease”) City Of Porterville, CA (“Customer”) 10740 Parkridge Blvd. Suite 701 Offer Valid Through: 2/28/2022 Reston, Virginia 20191 Proposed by: Matthew Sachse
United States Quote Number: 1
Address Information
Billing Contact: Customer Contact:

Company Name: City Of Porterville, CA Company Name: City Of Porterville, CA Contact Name: Maria Bemis Contact Name: Maria Bemis
Email Address: [email protected] Email Address: [email protected] Phone: 559-782-7566 Phone: 559-782-7566
Address:
291 North Main Street, Porterville, CA United States
Address:
291 North Main Street, Porterville, CA, United States
Subscription
Contract Start Date* (“Order Effective Date”): Payment Method: ACH Contract End Date*: Payment Terms: Net 30
Subscribed Lease Count: 75 Billing Frequency: Annually in Advance of each Contract Year Administrative User Name: Billing Method: Email
Administrative User Email: :

Subscribed EZLease Service/Software
Description Annual Subscription Fees
EZLease - Cloud $ 7,807.50
Total USD $ 7,807.50
The features and functions and rules, policies, procedures and use restrictions for EZLease are available at EZLease Service Descriptions as updated from time to time in accordance with the Subscription Agreement. Customer acknowledges that the Service Descriptions may include restrictions and limitations on use of the Subscription Services and agrees that its use of each Subscription Service selected by Customer will be in accordance with the Service Descriptions.

Standard Terms and Conditions
This Order Form is governed by and incorporates the EZLease Subscription Services Agreement (the “Subscription Agreement”). All capitalized terms not otherwise defined in this Order Form have the meaning ascribed to them in the Subscription Agreement.

Support
EZLease will use reasonable efforts to make Support Services available as per the EZLease Service Descriptions.

Special Terms

1. Upon EZLease’ acceptance of Customer’s Order Form, EZLease will provision the instance of the Subscription Services and send an email to the Administrative User named above providing instructions on how to access the Subscription Services and establish Authorized User Accounts.

2. The annual subscription price set forth in the table above is based on the “Subscribed Lease Count”. If Customer exceeds or expects to exceed the then-current Subscribed Lease Count at any time, Customer must notify EZLease and purchase an additional number of Leases based on Customer’s actual or expected use. The number of Leases utilized by Customer will be calculated using the number of unique schedule IDs (Deal IDs) in the Subscription Services.
2 / 2
\i2\Confidential and proprietary information. Not for distribution.

EZLease Order Form 20210914

3. EZLease Subscription Agreement is covered by EZLease’ 30-day money-back warranty. If within 30 days of granting access to EZLease, it does not substantially perform as described in the Documentation and EZLease is unable to furnish a cure for the deficiency, Customer may cancel the subscription. Customer will not otherwise be entitled to cancel the subscription or receive any refund of amounts paid to EZLease except in the event of an EZLease breach and failure to cure within the prescribed time period as provided in the Subscription Agreement.

4. The initial term of this Order Form is from the Contract Start Date through the Contract End Date (the “Committed Term” or “Order Initial Term”).

Each Order Form Term annual period is referred to as a “Contract Year”.

5. The term of the Order Form will automatically renew for additional periods equal to the expiring term or one year (whichever is shorter), unless either Customer or EZLease gives the other notice of non-renewal at least 30 days before the end of the expiring term. The pricing during any such renewal term will not increase by more than three (3) percent over the Subscription Fees of those applicable at the end of the prior term unless EZLease has given Customer written notice of a pricing increase at least 90 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal. The foregoing will not limit fee increases due to increases in the Subscribed Lease Count.

Taxes
Prices shown above does not include any applicable taxes payable by the Customer. Any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the “Customer Contact” location provided by Customer on this Order Form unless applicable laws and regulation require otherwise.

Invoice Terms
All fees for the first Contract Year will be invoiced on or after the Order Effective Date. Fees for subsequent Contract Years may be invoiced by EZLease prior to each Contract Year.

Purchase Order Information
Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? (Customer to complete) PO Number: PO Amount:

Purchase Order terms, provisions, or conditions will not have any effect on EZLease or Customer obligations and will not, otherwise, modify the terms of this Order Form.

Acceptance
Customer agrees to the terms of this Order Form and represents that Customer’s signatory below has the authority to bind Customer to the Subscription Agreement. This Order Form becomes binding on Customer when delivered to EZLease with Customer’s signature and will be deemed accepted by EZLease upon EZLease providing Customer access to EZLease Cloud. Prior to such deemed acceptance, EZLease may provide Customer notice objection to Customer’s Order, in which event this Order Form will be of no force or effect as to either Customer or EZLease.

Accepted by Customer:

By: \s1\
Name: \n1\
Title: \t1\
Date: \d1\
LEASEQUERY.COM | 1-800-880-7270 | [email protected]
3 RAVINIA DRIVE NE, SUITE P7, ATLANTA GA, 303046 10
PROPOSED COSTS FOR City of Porterville
LeaseQuery would be delighted to partner with City of Porterville to provide the best solution and value possible to meet the project goals. With that in mind, LeaseQuery is offering:
 An annual software subscription fee for up to 85 records for $7,140 for purchasing a pre-paid 1-year subscription.
 LeaseQuery can offer an Organizational database structure setup, data migration and bulk upload template configuration and training for $4,500 for purchasing a pre-paid 1-year subscription.

Elective Options
 GASB 96 Module - $1,000 annually
 Lease Entry and Analysis - $100 per lease (LeaseQuery will enter from the latest amendment or renewal) Summary of Upfront Costs:
1-year software subscription ($7,140)
GASB 96 Module – Elective annual cost
$ 7,140
1,000
Organizational database structure setup, data migration and training Lease Entry and Analysis – 75 leases
2,500
7,500
Total upfront costs upon signature $ 18,140
We greatly appreciate the opportunity to partner with City of Porterville on this project. If you wish to purchase a subscription and engage us to provide the services described in this proposal, please review and sign the separately provided sales order and return it to us.

Please contact Patrick Shields at 404-513-8051 or [email protected] with any questions.

Porterville, CA
Reference: 20220212-143656650
Quote created: February 12, 2022
Quote expires: March 16, 2022
Quote created by: Bill Fray
Regional Sales Director
[email protected]
+1 (407) 463-5117
Comments from Bill Fray
$750 discount off year 1 if contract is signed by 3/15/22.

Products & Services
Item & Description Quantity Unit Price Total
'22 Implementation Charge: Tier 2
This covers the cost of our full-service
implementation process for your organization.
1 $0.00 $0.00
'22 Subscription Charge: Tier 2
This represents the annual subscription charge
your organization pays for access to the
DebtBook platform. There are no additional
charges - this covers onboarding, unlimited
users, external sharing, support and training.
1 $9,750.00 / year $9,750.00 / year
Subtotals
Annual subtotal $9,750.00
Other Fees
Discount if contract signed by 3/15/22 −$750.00
Porterville, CA
291 N. Main St.

Porterville, CA 93257
US
Maria Bemis
Finance Director
[email protected]
(559) 782-7435
Total $9,000.00
Questions? Contact me
Bill Fray
Regional Sales Director
[email protected]
+1 (407) 463-5117
DebtBook
300 West Summit Ave, Suite 110
Charlotte, NC 28203
United States

1 SAAS SERVICE AGREEMENT – Order Form3
Customer: City of Porterville, California Contact: Maria Bemis Address: 291 North Main Street Title: Finance Director
Porterville, California 93257 Phone: (559) 782-7435
Email: [email protected]
Services: Access to Gravity (the “Service(s)”).

Service Fees – Year 1: The Customer has the right to identify up to 10 Named Users to have Access to Gravity. The Service Capacity includes:
• Gravity Lease Management (includes 3 Named Users) $9,500 -----------
Total Service Fees – 12 months $9,500 USD
Service Fees for the first year are payable net 30 days after the commencement of the Gravity Kick-off meeting.

Services Fees – Year 2: If the Customer chooses to renew its subscription to Gravity for a second year with the same Service Capacity, then the Service Fees in Year 2 will be $9,500.

Service Fees for Year 2 would be payable in advance upon renewal.

Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.

Optional Contract Extension Year 3
Services Fees – Year 3: If the Customer chooses to renew its subscription to Gravity for a second year with the same Service Capacity, then the Service Fees in Year 3 will be $9,880.

Service Fees for Year 3 would be payable in advance upon renewal.

Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.

Services Fees – Year 4: If the Customer chooses to renew its subscription to Gravity for a second year with the same Service Capacity, then the Service Fees in Year 4 will be $10,275.

Service Fees for Year 4 would be payable in advance upon renewal.

Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.

Services Fees – Year 5: If the Customer chooses to renew its subscription to Gravity for a second year with the same Service Capacity, then the Service Fees in Year 5 will be $10,686.

Service Fees for Year 5 would be payable in advance upon renewal.

Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.

Implementation Services: Company will use commercially reasonable efforts to provide Customer the services described in the Statement of Work (“SOW”) attached as Exhibit A hereto (“Implementation Services”), and Customer shall pay Company the Implementation Fee in accordance with the terms herein.

Implementation Fee (one-time fee):
• 75 Data Entry of Lease Contracts ($25 per contract) $1,875 Total Implementation Fee (one-time fee): $1,875 USD
Implementation fees are payable net 30 days after the commencement of the Gravity Kick-off meeting.

LIBC/3968202.1 2
SAAS SERVICES AGREEMENT – Order Form
This SaaS Services Agreement (“Agreement”) is entered into on this _______ day of ________________, 2022 (the “Effective Date”) between IGM Technology Corp. with a place of business at 77 McMurrich St Unit 318, Toronto, Ontario (“Company”), and the Customer listed above (“Customer”). This Agreement includes and incorporates the above Order Form, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.

IGM Technology Corp.: City of Porterville, CA:

By: Itzhak Gleicher By:

Signature: Signature:

Title: CEO Title:
3 TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit B.

1.2 Subject to the terms hereof, Company will provide
Customer with reasonable technical support services in accordance with the Support Terms attached hereto as Exhibit C.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

2.2 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
Company’s standard terms of service then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services.

2.3 Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment and the administrative and user passwords.

3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary
Information of the Disclosing Party or (e) is required to be disclosed by law.

3.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

3.3 No rights or licenses are granted except as expressly set forth herein.

4. PAYMENT OF FEES

4.1 Customer will pay Company the then applicable fees
described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to increase the Service Fees to reflect inflation and ongoing enhancements applied to the software platform, to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

Inquiries should be directed to Company’s customer support department.

4.2 Company will bill through an invoice. Full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in 4 immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than taxes based on Company’s net income.

5. TERM AND TERMINATION

5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER, COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;

NOR DOES IT MAKE ANY WARRANTY AS TO THE

RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS

SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED “AS IS” AND COMPANY

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE

CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,

COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT

LIMITED TO ALL EQUIPMENT AND TECHNOLOGY

SUPPLIERS), OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS AND EMPLOYEES

SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT

TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER

ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF

USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF

DATA OR COST OF PROCUREMENT OF SUBSTITUTE

GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
(C) FOR ANY MATTER BEYOND COMPANY’S
REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID BY

CUSTOMER TO COMPANY FOR THE SERVICES UNDER
THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE

ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE,

WHETHER OR NOT COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

8. MISCELLANEOUS
If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Customer agrees to reasonably cooperate with Company to serve as a reference account upon request.
5 EXHIBIT A
Statement of Work
The Company will provide the following services:
• Gravity - Implementation Services for Lease Management automation o Comprehensive on-line training
o IGM Consulting Services in setting up and using Gravity to measure and maintain the reporting requirements proposed for GASB 87
o IGM Consulting Services in extracting Lease contract information and Entry of Lease contracts into Gravity Lease Management module for up to 75 contracts.
6 EXHIBIT B
Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company will apply any credits accumulated in the prior annual period, towards the Service Fees in the next annual period. 7 EXHIBIT C
Support Terms
IGM will provide Technical Support to customer via both telephone and electronic mail Monday – Friday between 6am – 8pm Eastern Time (“Support Hours”).

Customer may initiate a helpdesk ticket during Support Hours by calling IGM’s customer support line or any time by emailing [email protected]
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Emergency customer support is available outside of Support hours and can be initiated by calling IGM’s customer support line or emailing [email protected]
Item No. 3.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Purchase Picnic Tables
SOURCE: Parks and Leisure Services
COMMENT: At its meeting on February 15, 2021, the City Council authorized staff to advertise for bids for the Murry Park pavilion #2 renovation project. The renovation will entail concrete ADA transitional pieces, a new concrete slab for the pavilion, and new picnic tables to replace the old concrete tables and benches. The total project cost is estimated to be $35,000.

Picnic table quotes were obtained from companies that are members of government purchasing programs, including US Communities and Omnia Partners. The order will consist of five 8' heavy duty standard rectangle tables, and one 8' ADA accessible heavy duty rectangle table. The surface mounted tables all have a powder coated frame, stainless steel hardware, and perforated diamond rolled edges.

Three responsive quotes that satisfied all of the specifications were received from the four companies that were contacted. The project will be funded from the General Fund's Facility Deferred Maintenance/Equipment Replacement Designated Fund. The quotes are as follows:

Zoom Recreation $8,395.16
Ross Recreation Equipment $14,647.92
MRC Gametime $16,582.27
.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of picnic tables for the Murry Park pavilion #2 from Zoom Recreation for $8,395.16; and

2. Adopt the draft Resolution authorizing the appropriation of up to $35,000 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund for the Murry Park pavilion #2 renovation project.

ATTACHMENTS: 1. Draft Resolution

2. Picnic Table Quotes
Item No. 3.

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

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

APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND FOR THE RENOVATION OF MURRY PARK PAVILION #2 WHEREAS: Murry Park has four picnic pavilions for the public to utilize; and WHEREAS: Murry Park picnic pavilion #2 is in need of renovation as its concrete foundation is cracked, ADA transitional pieces need to be redone, and its picnic tables need to be replaced; and
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the renovation of Murry Park Pavilion #2 is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation of up to $35,000 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the immediate repair of Murry Park Pavilion #2.

PASSED, APPROVED AND ADOPTED this 1st day of March, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST: John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No. 4.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Repair Transit Vehicle #8113
SOURCE: Public Works
COMMENT: On October 28, 2021, a Transit Ford Van (Unit #8113) was involved in a vehicle collision, resulting in the vehicle sustaining moderate damage and requiring the vehicle to be removed from service.

The following three estimates were obtained by staff:

Contractor Total
Milinich Body Works $12,831.92
Golden State Paint and Body $16,585.35
Porterville Collision Center $22,008.08
Based on the estimates provided, staff is requesting authorization to enter into an agreement with Milinich Body Works to repair the damage to Transit Vehicle #8113 for an estimated cost of $14,116, which includes a ten percent (10%) contingency cost for damage that is not yet known but may be present upon repair of the vehicle. The City is in receipt of a check from CalTIP in the amount of $7,831.92 in payment of the insurance claim. The cost of repair will be paid by Transit Operating Funds. CalTip, the City's transit insurance provider, will seek subrogation from the party at fault.

RECOMMENDATION: That the City Council:

1. Authorize the transit vehicle repair by Milinich Body Works at a cost not to exceed $14,116 (inclusive of all parts, taxes, labor, including a ten percent (10%) contingency); and

2. Authorize payment of said repair upon satisfactory completion.

ATTACHMENTS: 1. Transit Vehicle Repair Estimates
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 4.

Item No. 5.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Rebuild Influent Pump #4
SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) is requesting authorization to rebuild influent pump #4. Influent pump #4 is one of four Flygt pumps used by the WWTF to lift the incoming wastewater to ensure proper gravity flow through the facility. The four pumps provide the City redundancy in the event of equipment maintenance, repair or failure. The pumps are crucial to the overall operation of the sanitary sewer system and WWTF.

Shape Incorporated is the authorized repair facility for Flygt pumps in the area.

Shape Incorporated has submitted a quote of $28,304 for the rebuild of influent pump #4 which does not include taxes or a ten percent (10%) contingency.

Funding for the rebuild is available in the Wastewater operating budget.

RECOMMENDATION: That City Council:

1. Award the rebuild of influent pump #4 to Shape Incorporated for a not to exceed amount of $34,135, which includes taxes and a ten percent (10%) contingency; and

2. Direct the Finance Director to initiate a Purchase Order to Shape Incorporated for a do not exceed amount of $34,135, which includes taxes and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Shape Incorporated upon receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Shape Incorporated Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

TO: BID DATE:

ATTN: QUOTE #:

PHONE: JOB:

EMAIL: LOCATION:
1 $8.00 $8.00
1 $644.00 $644.00
1 $2,476.00 $2,476.00
1 $111.00 $111.00
1 $3,645.00 $3,645.00
1 $8,859.00 $8,859.00
1 $369.00 $369.00
1 $9,276.00 $9,276.00
20 hours at $110.00 per hour $2,200.00
$25,388.00
$2,916.00
$28,304.00
NOTE:

ITEM
1 Parts Needed:
102738FL
3301 Rebuild
Influent 4
QTY
Rebuild 3301.095-5017, 636 impeller, 70hp/460v/3ph (SN S1340017)

PLEASANTON STOCKTON
5115-A Johnson Drive
Pleasanton, CA 94588
Phone (925) 485-9720
Fax (925) 485-6085
119-2 Val Dervin Parkway
Stockton, CA 95206
Phone (209) 234-5909
Fax (209) 234-5913
City of Porterville 2/24/2022
[email protected]
(559) 310-2252
ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE.

SALE SUBJECT TO MANUFACTURERS TERMS AND CONDITIONS.

Parts Total:

Rebuild Total:

UNIT

PRICE TOTAL
Danielle Peterson [email protected]
Alternative Option
Estimated Labor:

QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES. 6548101 Stator Rewind
Inner water jacket is in poor condition, as well as diffuser. Stator is shorted and needs to be rewound. Impeller is in poor condition and needs to be replaced. 6083100 Washer Lock
NOTES:

1. Price includes freight.

2. Price does not include taxes.

3. Price does not include installation, equiptment unloading, guide bars, pipe, valves, conduit, anchor bolts, or any other items not listed.

4. Estimated delivery of rebuild equipment: 3 weeks

5. See attached for SHAPE, INC. terms and conditions of sale.

SHAPE INC.
6085802 Cooling Jacket
6505100 Cable Unit
Quotation
Labor, Haz Mat, Prep:
6571705 Basic Repair Kit
6630400 FLS-10 Level Sensor
7693213 Impeller Kit
6085702 Flow Diffuser
Jeff Duke
Item No. 6.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Advertise for Bids - City Hall Roofing Project SOURCE: Engineering and Project Management
COMMENT: City Council originally previously authorized staff to advertise for bids for the City Hall Roof Project at its meeting on November 16, 2021. The original scope of the project included replacing dry rot and skylights, and applying a primer and a silicone coating and sealant over the existing roof system. A necessary step to obtain a manufacturer's warranty on such work is to have the roof evaluated by a firm utilizing infrared technology. An infrared and physical inspection was completed by Roof Consulting Services, Inc, and their review concluded that the roof was not in any condition to be covered and would need to be removed and replaced; the majority of the current roofing system is rated at having less than one year remaining service life.

The revised proposed project includes removing the existing roofing system, replacing dry rot and skylights, and installing a new Title-24 compliant roof system. The estimate of probable cost for the project is $290,000 based on the report from Roof Consulting Services, Inc. Funding in the amount of $145,000 was previously approved from the General Fund's Facility Deferred Maintenance/Equipment Replacement Designated Fund. An additional $145,000 is needed in order to fully fund this project.

RECOMMENDATION: That City Council:
1) Authorize staff to readvertise for bids on the City Hall Roofing Project with the new project scope; and
2) Authorize the Finance Director to appropriate an additional $145,000 from the General Fund Facility Deferred
Maintenance/Equipment Replacement Fund to fully fund the project.

ATTACHMENTS: 1. Draft Resolution

2. City Hall Roof - Remaining Service Life Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 6.

Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED

MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND

FOR THE CITY HALL ROOF PROJECT
WHEREAS: The City Hall building located at 291 N. Main Street has an aging roof and has suffered from multiple leaks during rain events; and WHEREAS: City staffs’ attempts to repair the leaks over the years have not been successful; and
WHEREAS: The infrared and physical inspection have determined that the roof must be replaced and cannot be roofed over and the work will prevent permanent damage and increased cost of major repairs to the building; and
WHERAS: The City Council previously authorized funding in the amount of $145,000 per resolution 69-2021; and
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the roof replacement and repairs to the City Hall building will prevent permanent damage to the building and is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize an additional appropriation of funds up to $145,000 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the immediate replacement of the roof of the City Hall building.

PASSED, APPROVED AND ADOPTED this 15th day of March, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

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

Item No. 7.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Advertise for Bids - Sewer Annexation Area 478B and 478C SOURCE: Engineering and Project Management
COMMENT: City staff has completed the construction plans and specifications (i.e. Project Manual) for the Island Annexation Sewer Project - Area 478B and Area 478C.

Area 478B is generally bound by Pioneer Avenue to the south, State Highway 65 to the east, and Prospect Street to the west. Area 478C is generally bound by Harrison Avenue to the north, Westwood Street to the east, and Road 222/Elderwood Street to the west.

The proposed project includes 9,476 lineal feet (1.79 miles) of 8" and 6" diameter sewer mains, thirty-one (31) sewer manholes and 154 sewer laterals.

Construction sequencing will be essential throughout the project and specified as such, so as to maintain access and minimize the inconvenience within the neighborhoods affected by this project.

On May 12, 2021, staff conducted a "community information meeting" with the residents of Area 478B & 478C. Staff discussed the possibility of forming a sewer utility district and various sewer connection options as completed for the prior project areas.

The Plans and Project Manual are available for the City Council's review. The Engineer's estimate of probable cost for construction is $2,634,511. An additional $263,451 is necessary for construction contingency (10%). It is anticipated that an additional $263,451 is required for construction staking, construction management, quality control, and inspection services (10%) for a total estimated cost of $3,161,413.

Refinancing of Sewer Revenue Bonds, better known to staff as Certificate of Participation (COP) funds, is the mechanism for funding this project and subsequent project areas. The funding source was approved in the 2021-2022 Fiscal Year budget.

RECOMMENDATION: That City Council:

1. Approve staff's recommended Plans and Project Manual:

2. Authorize staff to advertise for bids on the project; and

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by City Council action via M.O. 02-100714.

Item No. 7.

ATTACHMENTS: 1. Engineers Estimate - Sewer Annexation Project 478B & 478C

2. Locator Map - ANNEX 478B

3. Locator Map - ANNEX 478C
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
ENGINEER'S OPINION OF PROBABLE IMPROVEMENT COSTS 3/9/2022 Sewer Annexation Project - 478
89-96106
ITEM NO. DESCRIPTION QTY. UNIT UNIT PRICE
(in figures)
AMOUNT
(in figures)
1 Mobilization, Demobilization, and Cleanup 1 LS $ 100,000.00 $ 100,000.00 2 Furnish Utility Locating 1 LS $ 60,000.00 $ 60,000.00 3 Prepare and Implement a Traffic Control Plan 1 LS $ 40,000.00 $ 40,000.00 5 Furnish and Install 8” SDR-35 PVC Sewer Pipe 6003 LF $ 90.00 $ 540,270.00 6 Furnish and Install 6” SDR-35 PVC Sewer Pipe 3473 LF $ 80.00 $ 277,840.00 7 Furnish and Install 48" Manhole 30 EA $ 7,000.00 $ 210,000.00 8 Make Connection to Existing Manhole 6 EA $ 3,000.00 $ 18,000.00 9 Furnish and install 48" Manhole and connect to Existing Sewer Main 1 EA $ 7,000.00 $ 7,000.00 10 Furnish and install Cobb Street 4” Sewer Lateral on New Sewer Main 9 EA $ 2,500.00 $ 22,500.00 11 Furnish and install Cobb Street 6" Sewer Lateral on New Sewer Main 3 EA $ 3,000.00 $ 6,000.00 12 Furnish and install Pioneer Avenue Extension 4” Sewer Lateral on New Sewer Main 2 EA $ 2,500.00 $ 45,000.00
13 Furnish and install Harrison Avenue 4” Sewer Lateral on New Sewer Main 18 EA $ 2,500.00 $ 10,000.00 14 Furnish and install Birch Street 4” Sewer Lateral on New Sewer Main 4 EA $ 2,500.00 $ 7,500.00 15 Furnish and install Sycamore Street 4" Sewer Lateral on New Sewer Main 3 EA $ 2,500.00 $ 55,000.00 Furnish and install Thurman Avenue 4" Sewer Lateral on Existing Sewer Main 16 EA $ 2,500.00 $ 40,000.00 16 Furnish and install Elderwood Avenue 4” Sewer Lateral on New Sewer Main 22 EA $ 2,500.00 $ 115,000.00 17 Furnish and install Dogwood Avenue 4” Sewer Lateral on New Sewer Main 46 EA $ 2,500.00 $ 52,500.00 18 Furnish and install Putnam Avenue 4" Sewer Lateral on New Sewer Main 21 EA $ 2,500.00 $ 25,000.00 19 Furnish and install Olive Avenue 4" Sewer Lateral on New Sewer Main 10 EA $ 2,500.00 $ 25,000.00 20 Furnish AC Pavement Saw Cutting and Removal 13468 LF $ 10.00 $ 134,680.00 21 Replace 3" Asphalt Concrete / 6" Aggregate Base (Min.) 13468 LF $ 40.00 $ 538,720.00 22 Remove and Replace Existing Concrete Improvements as required for Sewer Installation 1 LS $ 20,000.00 $ 20,000.00
23 Reset and Tie Out Street Monuments 1 LS $ 10,000.00 $ 10,000.00 24 Furnish and Install Sheeting and Shoring 1 LS $ 10,000.00 $ 10,000.00 25 Prepare and Implement SWPPP 1 LS $ 10,000.00 $ 10,000.00 26 Perform Acceptance Testing 1 LS $ 15,000.00 $ 15,000.00 $ 2,395,010.00
$ 239,501.00
$ 2,634,511.00
Project
Manager Date
City Engineer Date
Engineering and Project Management Director Date
Project:

Project Number:

CONSTRUCTION BASE BID PART:
10% Bid Contingency

SUBTOTAL ESTIMATED PROJECT
PART A COST:

B
A
S
E
BID
P
A
R
T : S
E
W
E
R
A
N
N
E
X
A
TIO
N
4 7
8 ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478B

SUBJECT

LOCATION
W PIONEER AVE N PROSPECT ST STATE HIGHWAY 65

W NORTH GRAND AVE N COBB ST

W CASTLE AVE

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
2,750
25 COST
$75/L.F.
$5,700/EA.

TOTAL
$206,250
$142,500

BREAKDOWN UNIT
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
$5,700/EA. $1,031,700

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478C

SUBJECT

LOCATION

W MORTON AVE

W OLIVE AVE
W THURMAN AVE ROAD 222 ROAD 223 N WESTWOOD ST

W HARRISON AVE

W PUTNAM AVE

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
9,700
181
COST
$75/L.F.

TOTAL
$727,500

BREAKDOWN UNIT
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
Item No. 8.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Advertise for Bids - Sewer Annexation Area 474B SOURCE: Engineering and Project Management
COMMENT: City staff has completed the construction plans and specifications (i.e. Project Manual) for the Island Annexation Sewer Project - Area 474B. Area 474B is generally bound by North Grand Avenue to the south, Douglas Street to the east, and Newcomb Street to the west.

The proposed project includes 6,872 lineal feet (1.30 miles) of 8" and 6" diameter sewer mains, twenty-four (24) sewer manholes and 107 sewer laterals.

Construction sequencing will be essential throughout the project and specified as such, so as to maintain access and minimize the inconvenience within the neighborhoods affected by this project.

Staff will be conducting a "community information meeting" with the residents of Area 474B to discuss the possibility of forming a sewer utility district and various sewer connection options as completed for the prior project areas.

The Plans and Project Manual are available for City Council's review. The Engineer's estimate of probable cost for construction is $2,025,287. An additional $202,528 is necessary for construction contingency (10%). It is anticipated that an additional $202,528 is required for construction staking, construction management, quality control, and inspection services (10%) for a total estimated cost of $2,430,343.

Refinancing of Sewer Revenue Bonds, better known to staff as Certificate of Participation (COP) funds, is the mechanism for funding this project and subsequent project areas. The funding source was approved in the 2021-2022 Fiscal Year budget.

RECOMMENDATION: That City Council:

1. Approve staff's recommended Plans and Project Manual:

2. Authorize staff to advertise for bids on the project; and

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by City Council action via M.O. 02-100714.

ATTACHMENTS: 1. Engineers Estimate - Sewer Annexation Project 474B

2. Locator Map -ANNEX 474B
Item No. 8.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
ENGINEER'S OPINION OF PROBABLE IMPROVEMENT COSTS 3/9/2022 Sewer Annexation Project - 474
89-96103
ITEM NO. DESCRIPTION QTY. UNIT UNIT PRICE
(in figures)
AMOUNT
(in figures)
1 Mobilization, Demobilization, and Cleanup 1 LS $ 100,000.00 $ 100,000.00 2 Furnish Utility Locating 1 LS $ 60,000.00 $ 60,000.00 3 Prepare and Implement a Traffic Control Plan 1 LS $ 25,000.00 $ 25,000.00 4 Furnish and Install 8” SDR 35 PVC Sewer Pipe 5399 LF $ 100.00 $ 539,900.00 5 Furnish and Install 6” SDR 35 PVC Sewer Pipe 1473 LF $ 90.00 $ 132,570.00 6 Furnish and Install 48" Manhole 22 EA $ 7,000.00 $ 154,000.00 7 Make Connection to Existing Manhole 1 EA $ 3,000.00 $ 3,000.00 8 Make Connection to Existing 8" Stub 2 EA $ 2,000.00 $ 4,000.00 9 Furnish and Install 48" Manhole and Connect to Exisitng Sewer Main 2 EA $ 7,000.00 $ 14,000.00 10 Furnish and install Boyles Street 4” Sewer Lateral on New Sewer Main 13 EA $ 2,500.00 $ 32,500.00 11 Furnish and install Beverly Avenue 4” Sewer Lateral on New Sewer Main 24 EA $ 2,500.00 $ 60,000.00 12 Furnish and install North Grand Avenue West Extension 4” Sewer Lateral on New Sewer Main 3 EA $ 2,500.00 $ 7,500.00
13 Furnish and install North Grand Avenue East Extension 4” Sewer Lateral on New Sewer Main 5 EA $ 2,500.00 $ 12,500.00
14 Furnish and install Westside Street 4" Sewer Lateral on New Sewer Main 3 EA $ 2,500.00 $ 7,500.00 15 Furnish and install Prospect Street 4” Sewer Lateral on Existing Sewer Main 24 EA $ 2,500.00 $ 60,000.00 16 Furnish and install Maston Street 4” Sewer Lateral on New Sewer Main 28 EA $ 2,500.00 $ 70,000.00 19 Furish and install Baker Street 4" Sewer Lateral on New Sewer Main 7 EA $ 2,500.00 $ 17,500.00 21 Furnish AC Pavement Saw Cutting and Removal 9524 LF $ 10.00 $ 95,240.00 22 Replace 3" Asphalt Concrete / 6" Aggregate Base (Min.) 9524 LF $ 40.00 $ 380,960.00 23 Remove and Replace Existing Concrete Improvements as required for Sewer Installation 1 LS $ 20,000.00 $ 20,000.00
24 Reset and Tie Out Street Monuments 1 LS $ 10,000.00 $ 10,000.00 25 Furnish and Install Sheeting and Shoring 1 LS $ 10,000.00 $ 10,000.00 26 Prepare and Implement SWPPP 1 LS $ 10,000.00 $ 10,000.00 27 Perform Acceptance Testing 1 LS $ 15,000.00 $ 15,000.00 $ 1,841,170.00
$ 184,117.00
$ 2,025,287.00
Project
Manager Date
City Engineer Date
Engineering and Project Management Director Date
Project:

Project Number:

B
A
S
E
BID
P
A
R
T : S
E
W
E
R
A
N
N
E
X
A
TIO
N
4 7
4 CONSTRUCTION BASE BID PART:
10% Bid Contingency

SUBTOTAL ESTIMATED PROJECT
PART A COST:
$5,700/EA. $906,300

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 474B

SUBJECT

LOCATION

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
6,750
159
COST
$75/L.F.

TOTAL
$506,250

BREAKDOWN UNIT N PROSPECT ST

W NORTH GRAND

AVE N BEVERLY ST N NEWCOMB ST N DOUGLAS ST N PROSPECT ST LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN

W LINDA VISTA AVE
Item No. 9.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Award of Contract for Fair Housing Education Services SOURCE: Community Development
COMMENT: At its meeting on January 18, 2022, the City Council authorized staff to distribute a Request for Proposals (RFP) jointly with the City of Hanford for Fair Housing education services. The Community Development Block Grant (CDBG) program proposes to provide culturally appropriate outreach and fair housing education opportunities for the varying needs of families and individuals within the City of Porterville as well as provide landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination.

The RFP was posted on Public Purchase and advertised in the Porterville Recorder and Hanford Sentinel. One agency responded to the RFP. Community Services Employment Training (CSET) was the responsive organization and meets the desired qualifications. CSET has prior experience working with the City of Porterville.

The proposed contract is for $15,000 of the City’s CDBG public services entitlement allocation for Program Year 1, which may increase or decrease for Program Years 2 and 3, subject to future year entitlement allocations. The initial term of the contract is March 2022 through June 30, 2024, contingent on funding, with the possibility of extension by mutual agreement.

The City of Hanford will be considering moving forward with a separate but similar contract with CSET for $19,000 of its CDBG public services entitlement allocation for Program Year one, which may increase or decrease for Program Years two and three, subject to future year entitlement allocations.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a contract with CSET for the provision of Fair Housing education services in the amount of $15,000 for Program Year 1 and amounts for subsequent program years subject to future year entitlement allocations; and

2. Authorize the City Manager to execute the contract on behalf of the City.

Item No. 9.

ATTACHMENTS: 1. City Council Agenda Staff Report - January 18, 2022 Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
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:

City of Porterville Page 16 of 33
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.

City of Porterville Page 22 of 33
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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Fair Housing Education Services Subrecipient Agreement PY 2021-2022

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
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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. 10.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Approval of Extraterritorial Service Agreements SOURCE: Community Development
BACKGROUND: On July 21, 2021, the Project Review Committee reviewed a request for an Extraterritorial Service Agreement (ESA) for municipal water services for properties located on the northeast corner of Leggett Street and River Avenue in East Porterville. The ESA request includes four residential properties located at 456 S. Leggett Street, 466 S. Leggett Street, 476 S.

Leggett Street, and 486 S. Leggett Street.

COMMENT: At its meeting on October 21, 2014, the City Council adopted two resolutions (Resolution 74-2014 and Resolution 75-2014) that defined objectives and policies and established procedures for annexations and municipal services. At its meeting on April 19, 2016, the Council adopted Resolution 19-2016, which amended the established procedures for annexation and extension of municipal services. All properties requesting annexation or extraterritorial services are subject to the procedures established in Resolution 19-2016. As applicable to the current situation, properties that are developed as single family residences on parcels 24,999 square feet or smaller are eligible to apply for an ESA without first attempting to annex to the City. Approval of extraterritorial service connections are subject to determinations of General Plan consistency, recordation of a deed restriction, and the recordation of an irrevocable agreement to annex. In addition to these requirements the following findings must be met.
- That the subject property is a previously developed single family residence on a parcel 24,999 square feet or smaller, or a school developed by a State-funded school district.
- That failure to connect to municipal services would result in a threat to public health or safety of affected residences.
- That connection of the subject property would not result in negative impact to the City of Porterville water and/or storm-water system. - That the connection of the subject property is not within an island as defined by Tulare LAFCo.
- That an attempt to annex the subject site is not realistic given the current city limit boundaries. Specifically, the parcel is too far removed from the city limit, and/or the number and valuation of adjacent parcels would result in a failed annexation effort.

Item No. 10.

ANALYSIS: The subject properties meet the required findings for an Annexation Exemption Procedure in which it requires that the property be previously developed with a single family residence on a parcel of 24,999 square feet or smaller (three of the parcels are 9,148 square feet and one parcel is 8,712 square feet. The parcels requesting services are immediately adjacent to a municipal main located on Leggett Street that was constructed as a component to the East Porterville Water Supply Project. The subject properties are within the Urban Development Boundary and meet the required findings outlined above. It is well documented that the East Porterville area experiences degraded water quality due to elevated nitrates and other contaminants, thus resulting in a threat to the safety of the affected residences. This is documented by the California Office of Environmental Health Hazard Assessment CalEnviroScreen 4.0 Indicator Map, which states that the census tract where the subject properties are located has a drinking water contaminant percentile of eighty-three (83), meaning it is higher than 83 percent (83%) of the census tracts in California. The subject properties are not within an island or a substantiallysurrounded area as defined by Tulare LAFCo (at least fifty-one percent (51%) percent surrounded by city limits). Tulare County LAFCo confirmed that the subject properties are not within an island and that an attempt to annex the parcels is not realistic given the annexation would necessitate a much larger annexation area.

ENVIRONMENTAL
REVIEW:

The Environmental Coordinator made a determination on March 3, 2022 that the project is exempt from CEQA §15301 Existing Facilities.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the four Extraterritorial Agreements subject to the irrevocable offer of annexation and deed restrictions
ATTACHMENTS: 1. Draft Resolution

2. Draft Deed Restriction

3. Locator Map

4. Resolution No. 19-2016
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Item No. 10.

RESOLUTION NO.____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF FOUR (4)

EXTRATERRITERIAL SERVICE AGREEMENT FOR MUNICIPAL WATER SERVICES FOR PROPERTIES LOCATED AT 456 S. LEGGETT ST, 466 S. LEGGETT ST., 476 S.

LEGGETT ST., AND 486 S. LEGGETT ST.

WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of October 21, 2014, adopted two resolutions (Resolution 74-2014 and Resolutions 75-2014) that defined the objectives and policies; and
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016, adopted resolution 19-2016 amended the established procedure for annexation and extension of municipal services.

WHEREAS: On July 21, 201, the Project Review Committee conducted a meeting in order to review the application and the request of four (4) extraterritorial service agreements for properties located at 456 S. Leggett Street (APN 262-270-040), 466 S.

Leggett Street (APN 262-270-041), 476 S. Leggett Street (APN 262-270-042 and 486 S.

Leggett Street (APN 262-270-043); and
WHEREAS: This project is exempt from CEQA pursuant to §15301 that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

WHEREAS: The City Council made the following findings:

1. The subject properties are located within the City of Porterville’s Urban Development Boundary.

2. That the subject properties is a previously developed single family residence on a parcel 24,999 square feet or smaller, OR a school developed by a State funded school district.

3. That failure to connect to municipal services would result in a threat ot public health or safety of affected residence.

4. That connection of the subject property would not result in negative impact to the City of Porterville water and/or storm-water system.

5. That the subject property is not within an island as defined by Tulare LAFCo.

6. That an attempt to annex the subject site is not realistic given current city limit boundaries. Specifically, the parcel is too far removed from the city limit, and/or the number valuation of adjacent parcels would result in a failed annexation effort.

NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request of four (4) extraterritorial service agreements for properties located at 456 S.

Leggett Street (APN 262-270-040), 466 S. Leggett Street (APN 262-270-041), 476 S.

Resolution No. __-2022

Leggett Street (APN 262-270-042 and 486 S. Leggett Street (APN 262-270-043) subject to the following conditions:

1. Properties requesting annexation or extraterritorial service agreements are subject to the procedures established in Resolution 19-2016.

2. All water service connections shall comply with all applicable codes, including but not limited to Porterville Municipal Code Section 26-2, which requires the abandonment of wells upon municipal service connection.

3. A back-flow device is required on the water meter.

4. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

PASSED, APPROVED AND ADOPTED this 15th day of March, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Deed Restriction for IAA # ______
_____________ Porterville, CA 93257
APN ___________ (as of March 1, 2022), as further identified by the legal description recorded in Grant Deed: ______________ on, ___________________.

The property is currently developed with one residential structure.

As a condition of the extraterritorial service agreement, no expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville. The keeping of animals may be maintained in accordance with Tulare County Animal Control and Land Use ordinances, until one year following the date of annexation.

Connection to and use of the municipal water system is subject to all water conservation requirements imposed by the City of Porterville, as well as the requirement to abandon wells upon municipal service connection. A parcel smaller than 5 acres with a Porterville Municipal Water Service Connection shall not receive water from a private well, nor develop additional wells in the future.

Any existing deed restrictions shall not be affected in any way by the document recorded herewith.

All properties requesting annexation or extraterritorial services are subject to the procedures established below unless otherwise stated. Compliance with City of Porterville procedures does not guarantee approval by LAFCo of annexations or extra-territorial service agreements. Upon request for an annexation or extraterritorial services request, staff will evaluate whether the applicant’s property is within the City’s Urban Development Boundary or Urban Area Boundary and explain the process.

ANNEXATION APPLICATION PROCEDURE

1. A complete annexation application packet includes: fees, an Irrevocable Agreement to Annex, information as needed to define a deed restriction specific to land use and zoning, Application for Annexation, and other materials as required with those applications respectively.

2. On receipt of an application as outlined above, all materials will be considered by the Project Review Committee, who will coordinate in a pre-consultation process with LAFCO staff and the County Public Works Department for review and recommendation.

3. During review by the Project Review Committee of the necessary application and data, staff will prepare a report and findings on all aspects of the proposed action(s).

4. An environmental document will be prepared pursuant to the California Environmental Quality Act (CEQA), reviewing the potential environmental effect of the proposed activities. The Zoning Administrator will make an initial determination of the level of environmental review required.

5. After proper noticing, a public hearing will be held for the City Council to hear comments related to the project at a regularly scheduled meeting. The Council will authorize staff to initiate the application with LAFCo. Documents will be filed in accordance with the Cortese-Knox-Hertzberg Act of 2000, as amended, and submitted to the Local Agency Formation Commission for its review, recommendation and action.

6. On consummation by the City Council, the City Clerk shall submit the necessary materials to the State Board of Equalization with the appropriate acreage fees, which are paid by the Applicant.

7. In the event the annexation fails, either by dissenting votes of the City Council or at hearing at LAFCo, the City Council may approve an extraterritorial service agreement within the Urban Development Boundary, subject to conditions identified in the deed restriction.

ANNEXATION EXEMPTION PROCEDURE
Where a certain property meets all of the following criteria, they may proceed with an Extraterritorial Service Agreement for water or storm-water drainage without first attempting annexation, subject to the conditions of Extraterritorial Service Agreements as defined below.

1. Previously developed single family residences on parcels 24,999 square feet or smaller, OR a school developed by a State funded school district.

2. The parcel requesting services must be immediately adjacent to a municipal main providing the requested service, or the property owner shall provide for the extension of the main line to City standards at their expense.

EXHIBIT A

EXTRATERRITORIAL SERVICES APPLICATION

PROCEDURE
Extraterritorial Service connections may be made subject to the following conditions. Note specific parameters and the required findings for connections in the Urban Development Boundary and the Urban Area Boundary.

1. Application: A complete extraterritorial services application packet includes: fees, an Irrevocable Agreement to Annex, information as needed to define a deed restriction specific to land use and zoning, and other materials as required with those applications respectively.

2. General Plan Consistency:
a. Proposed Uses and Improvements: Service connections are to be withheld from proposed uses and improvements that would not be consistent with the adopted Land Use Element of the Porterville Area General Plan and the City of Porterville General Plan.
b. Existing Uses and Improvements: Service connections to existing uses and improvements which are not consistent with the adopted Land Use Element of the Porterville Area General Plan and the City of Porterville General Plan shall be considered at the discretion of the City Council, and may be subject to other restrictions.

3. Agreements and covenants:
a. A deed restriction specific to land use and zoning must be approved by the property owner and the City Council, and recorded with the County of Tulare upon the property, at the applicant’s cost.
b. An irrevocable agreement to annex must be signed by the property owner and recorded with the County of Tulare upon the property, at the applicant’s cost.

4. Time limitations: The City Manager or his designee, or the City Council may condition the approval of applications for service connections by establishing a time frame within which connections must be made to avoid re-application.

5. Improvement Plans: Applications for service connections, which necessitate the extension of one or more municipal facilities to property in order to make such connections, shall be conditioned by the City Manager or his designee, or the City Council to require that Construction Drawings of the intended public improvements be submitted to the City Engineer for plan check and approval. Costs incurred for the preparation of improvement plans, and certain off-site construction and/or installation costs related to extending facilities, shall be the responsibility of the applicant.

6. Fees: Prior to the issuance of a Connection Permit, payment must be made to the City of Porterville of all fees pertinent to the respective service connection, or connections, approved by the City Manager or his designee, or the City Council.

Within the Urban Development Boundary:

For connection of water or storm-water facilities, the requesting party must fully fund the extension of infrastructure if it does not already exist in order to connect. The City of Porterville Wastewater Facility is a regional facility and as such, an extraterritorial service request cannot be denied; however, the requesting party must fund a fair share of the extension of infrastructure if it does not already exist in order to connect. Contract services for police, fire, or building inspection services shall be approved by resolution of the City Council.

For connection of water or storm-water facilities, the following findings must be made in order for the Council approve an extraterritorial service connection:
 That the subject property is a previously developed single family residence on a parcel 24,999 square feet or smaller, OR a school developed by a State funded school district.  That failure to connect to municipal services would result in a threat to public health or safety of affected residents.
 That connection of the subject property would not result in a negative impact to the City of Porterville water and/or storm-water system.
 That the subject property is not within an island as defined by Tulare LAFCo.  That an attempt to annex the subject site is not realistic given current city limit boundaries.

Specifically, the parcel is too far removed from the city limit, and/or the number and valuation of adjacent parcels would result in a failed annexation effort.

Within the Urban Area Boundary:

For connection of water or storm-water facilities, the requesting party must fully fund the extension of infrastructure if it does not already exist in order to connect. The City of Porterville Wastewater Facility is a regional facility and as such, an extraterritorial service request cannot be denied; however, the requesting party must fund a fair share of the extension of infrastructure if it does not already exist in order to connect. Contract services for police, fire, or building inspection services shall be approved by resolution of the City Council.

For connection of water or storm-water facilities, the following findings must be made in order for the Council approve an extraterritorial service connection:
 That the subject property is a previously developed single family residence on a parcel 24,999 square feet or smaller, OR a school developed by a State funded school district.  That failure to connect to municipal services would result in a threat to public health or safety of affected residents.
 That connection of the subject property would not result in a negative impact to the City of Porterville water and/or storm-water system.

EXEMPTIONS AND EXCEPTIONS

1. PVPUD: Connections to Porterville Regional Sewage Treatment Facilities serving uses and improvements to property within the boundaries and jurisdiction of the Porter Vista Public Utility District (PVPUD) are exempted from application to the City of Porterville. Interested parties should contact the PVPUD for information on connection requirements and fees pertaining to sewer services. This exemption does not apply to requests for connection to Municipal Water and/or Master Storm Drain Facilities.

2. PRIOR APPROVALS: Porterville City Council approval of requests for connection to Regional Sewage Treatment, Municipal Water and/or Master Storm Drain Facilities as authorized prior to the adoption and effective date of the respective policies set forth herein shall remain valid and in force according to the terms and conditions initially specified at the time of approval, and re-application will not be required.

3. PROPERTIES WITHIN THE EAST PORTERVILLE FEASIBILITY STUDY PROJECT AREA: The California State Water Resources Control Board, in coordination with the Department of Water Resources Drought Task Force, is charged with preparing a feasibility study to define a long-term solution to the water related issues in East Porterville. Properties within that boundary would be permitted to apply for connection, whether in association with DWR, SWRCB, or at a later date, on their own. Such connections would be subject to the mandatory findings as outlined in this procedure, with the following exceptions:
 Rather than require that the subject property be a developed single-family residence on a parcel 24,999 square feet or smaller, neither the land use nor the parcel size would be restricted neither the land use nor the parcel size would be restricted for legal and legal non-conforming structures and land uses existing as of April 29, 2016.
 Further, properties within certain islands in the EPFS Project Area would not be required to annex prior to connection. This exception does not limit the City of Porterville’s authority to pursue annexation in the future, but rather waives the requirement that annexation must be approved prior to connection.

Legend
Water Services Needed In PVPUD Service Area (1)
WaterServicesNeededInPVPUDServiceAreaParcels (1,822)
PVPUD_boundary (1)
UDB (1)
CityLimits (1)
Existing Water Mains
East Porterville Properties

EXHIBIT B

Item No. 11.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization of Street Closure for Music on Main Concert Series SOURCE: Parks and Leisure Services
COMMENT: The Porterville Chamber of Commerce is proposing to resume the Music on Main Street free concert series for Spring 2022. The City has served as a cosponsor of Music on Main Street since its inception. The Parks and Leisure Services Department provides logistical support for the concerts, while the Chamber of Commerce is in charge of scheduling the musical performances and organizing additional activities to enhance the events.

Music on Main is proposed to be held on Fridays at 6:00 PM at Centennial Park April 8- May 27, 2022. Similar to the Fall 2021 Music on Main Concert Series, the Chamber of Commerce is proposing to close off Cleveland Avenue from Main Street to the alley just east of Centennial Park. The street closure would provide space to host food trucks, vendors and other types of booths. All food sales shall adhere to County health permit requirements. The Internal Community Civic Event form was routed to City staff.

RECOMMENDATION: That the City Council authorize the street closure for the Music on Main Spring Concert Series on Cleveland Avenue between Main Street and the alley just east of Centennial Park.

ATTACHMENTS: 1. Internal Civic Event Application

2. Music on Main Street Closure
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
Internal Community Civic Event
(For events primarily sponsored and organized by City Departments) Application Date: 3/7/2022 Event Date:

Fridays, April 8-May
27; 6:00- 8:00 PM
Location of Event Centennial Park, 296 N. Main St.

Name of Event:   Music on Main- spring series
Sponsoring Department:   Parks & Leisure Services
Department Contact Amy Graybehl
Affiliated Organizations: Porterville Chamber of Commerce City Services Requested:

Barricades (Quantity) Yes No Refuse Pickup: Yes No
Amplified Noise Permit Yes No Police Assistance: Yes No Parks Facility Application Yes No Street Sweeping: Yes No Assembly Permit Yes No
Other:   Street closure on Cleveland from Main to alley just east of Centennial Park Staff Comments (list special requirements or conditions for event):

P&LS Director: Vehicles to remain off the grass.

Public Works Director:

Community Dev. Director:

Field Services Manager:

Fire Chief: No comment
Police Chief:

Administrative Services Director:

INTERNAL COMMUNITY CIVIC EVENT PROCEDURES
1 A Community Civic Event form must be filled out under the following conditions:

Ø           City streets, parking lot and/or sidewalk closure usage Ø           Request to serve alcoholic beverages
2 Submit a copy of form to Risk Management Division 30 days prior to the event. 3 Distribute copy of form to all departments 30 days prior to the event. 4 List all organizations/individuals affiliated with the event. 5 Specify if food or product will be sold at the event. 6 Ascertain that all parties coincide with City and County Codes and Permits.

Item No. 12.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Fourth Street Property Deed for Prop 68 Statewide Park Grant Program Park and Community Center Project
SOURCE: Parks and Leisure Services
COMMENT: At its meeting on July 20, 2021, the City Council authorized the City to apply for the Statewide Park Development and Community Revitalization Program Grants funds for the construction of a new park and community center on the southeast corner of Henderson Avenue and Fourth Street along the Rails to Trails.

On December 8, 2021, the City received notification of its successful application and award of $7,800,000. A condition of the use of those grant funds is to record a Deed Restriction on the property where the grant funds will be used. Upon Council's authorization, staff will execute and record a Deed Restriction for City owned real property described in exhibit 'A', Property Description of the attached Draft Contract Deed Restriction (Attachment 3).

RECOMMENDATION: That the City Council:

1. Authorize the City Manager to execute all necessary
documents; and

2. Authorize staff to record with the County Recorder a Deed Restriction running with the property owned by the City of Porterville and described in Exhibit 'A' of the Draft Contract Deed Restriction (Attachment 3).

ATTACHMENTS: 1. Draft Resolution

2. Draft Contract Deed Restriction

3. State Grant Award Letter - December 8, 2021

4. Assessor's Map

5. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 12.

Item No. 13.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Acquisition of Real Property APN 302-130-030 and 302-130-010 SOURCE: Community Development
COMMENT: Pursuant to City Council authorization at its meeting on February 15, 2022, staff has negotiated the purchase of real property from members of the Reeder, Jaggers. Shannon, and Calvin families for the accepted amount of $3,063,500.

The property consists of two parcels, APN 302-130-030 and 302-130-010, which is approximately 152.75 acres generally located on the north side of Avenue 120, just east of Road 208 and the Friant-Kern Canal in southwest Porterville. The terms of the purchase are outlined in the Purchase and Sale Agreement which is provided herein, as is the draft Resolution for the Council’s consideration. The funding source is the Water Replacement Fund.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the purchase of APN 302-130-030 and 302-130-010; and authorize the Mayor and City Manager to sign all documents necessary to complete the purchase.

ATTACHMENTS: 1. Draft Resolution

2. Agreement for Acquisition of Real Property

3. LocatorMap
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY FROM GRANTOR FOR

GROUNDWATER MANAGEMENT
BE IT RESOLVED by the City Council of the City of Porterville that the City of Porterville hereby accepts a Grant Deed for groundwater management from Wesley R. Reeder, Trustee of the Exemption Trust established under the Reeder Family Revocable Trust dated April 22, 1997; Jerry Calvin and Linda S. Calvin, as Trustees of the Calvin Family Revocable Trust of January 16, 1997; Mark Charles Jaggers and Virginia G. Jaggers, Trustees under the Mark Charles Jaggers and Virginia G. Jaggers Family Trust, established March 30, 2005; Mark C. Jaggers and Virginia Jaggers, husband and wife, as community property; Michael L. Shannon and Katherine L.

Shannon, as Trustees of the Shannon Family Revocable Trust of June l, 2004, as to Parcel A; and Wesley R. Reeder, Trustee of the Exemption Trust established under the Reeder Family Revocable Trust dated April 22, 1997; Ivfark Charles Jaggers and Virginia G. Jaggers, Trustees under the Mark Charles Jaggers and Virginia G. Jaggers Family Trust, established March 30, 2005; Mark C.

Jaggers and Virginia Jaggers, husband and wife, as community property; and .len-y Calvin and Linda S. Calvin, as Trustees of the Calvin Family Revocable Trust of January 16, 1997, as to Parcel B ( collectively "Grantor"), for real property in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibit "A" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of $3,063,500 is hereby approved, to authorize the Mayor to sign all necessary documents, pay the Grantor the purchase price and said Deed is to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville. ____________________________________
Martha A. Flores, Mayor
ATTEST:

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

Mark Charles Jaggers and Virginia G. Jaggers, Trustees under the Mark Charles Jaggers and Virginia G. Jaggers Family Trust, established March 30, 2005 (as to Parcels A and B) By: (JJ\ - c;J]\:::b lq (\JV'(
Mark Charles Jaggers, Trustee
Dated: __ l_'72-+(_2-_f_...- /_i-_:z __ _
Mark C. Jaggers and Virginia Jaggers, husband and wife, as community prope1iy (as to Parcels A and B)
Dated:

Mark C. Jaggers
�tk�; Virginia� ggers �;,
Michael L. Shannon and Katherine L. Shannon, as Trustees of the Shannon Family Revocable Trust of June 1, 2004 ( as to Parcel A)
By: � s}.,.��
Michael L. Shannon, Trustee
By: �,,uud\(j/'Qj) V)()'Vl,✓
Katherine L. Shannon, Trustee
MAILING ADDRESS OF SELLER:

Reeder, Jaggers, Shannon & Calvin Trusts
c/o Brent Calvin
4623 \Vest Harold Avenue
Visalia, CA 93291
BUYER:

CITY OF PORTERVILLE:

By:

Martha A. Flores, Mayor
MAILING ADDRESS OF CITY:

City of Porterville
291 N. Main Street
Porterville, CA 93257
APN: 302-130-010. 302-130-030
Dated:

City of Porterville/Olive Grove/Reeder et al./ Agreement - Full Acq. 7 of7
________

Item No. 14.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Authorization to Negotiate a Contract - Design Services for Remodel/Additions at Existing Fire Stations
SOURCE: Engineering and Project Management
COMMENT: At its meeting on January 18, 2022, the City Council authorized the distribution of a Request for Qualifications for design services for the remodel/additional of the City's fire stations. On February 22, 2022, staff received three Statements of Qualifications (SOQs) for the architectural design services for the Remodel and/or Additions to Existing Fire Stations Project. The SOQs were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" adopted by the City Council (Resolution #16-2001). Staff reviewed the three SOQs provided by the firms wherein they were rated according to the aforementioned policy, with the following results:
(1) Jeff Katz Architectural Corporation (JKA) 92.3 pts
(2) DKJ Architects, Inc. 86.7 pts
(3) Andrew Goodwin Designs (AGD) 84.7 pts
Staff is pleased with with all three consultants' interest in this project and recommends negotiating a contract with the top-ranked firm. Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That City Council:

1. Authorize staff to negotiate a scope of services and contract with Jeff Katz Architectural Corporation (JKA);

2. Authorize staff to negotiate a scope of services and contract with DKJ Architects, Inc if staff is unable to negotiate an acceptable contract with JKA; and

3. Authorize staff to negotiate a scope of services and contract with Andrew Goodwin Designs (AGD) if staff is unable to negotiate an acceptable contract with JKA and DKJ Architects, Inc.

ATTACHMENTS: 1. Resolution No. 16-2001
Appropriated/Funded:

Review By:

Department Director:

Item No. 14.

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

Item No. 15.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Consideration of a Request for an Extension to Conditional Use Permit (PRC 2019-035-C)
SOURCE: Community Development
COMMENT: At its meeting on March 3, 2020, the City Council adopted Resolution 17-2020 for Conditional Use Permit 2019-035-C. The applicant received approval and conditions to allow the construction of a 63,108± square foot, four story hotel consisting of 103 rooms located generally northeast of Henderson Avenue and Prospect Street in the CR (Retail Centers) zone district. The Development Ordinance requires approval of a Conditional Use Permit (CUP) when developing a hotel in the CR zone district.

Resolution 17-2020 approved condition No. 3 in which the CUP shall expire after two years of the date of approval, which is typical for this type of discretionary action. The condition also outlined that the applicant may request a one-year extension of the CUP. The Conditional Use Permit (2019-035-C) was set to expire on March 3, 2022. The applicant had requested the one-year CUP extension on February 9, 2022 prior to the expiration date and had identified that the pandemic and the disruption of the supply chain were major factors in the project's delay.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the requested one-year extension of Conditional Use Permit (2019- 035-C) to conditionally allow development of a hotel.

ATTACHMENTS: 1. Draft Resolution

2. Resolution No. 17-2020

3. Locator Map

4. Development Plans
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF APPROVING AN EXTENSION TO THE APPROVAL OF CONDITIONAL USE PERMIT (PRC 2019-035-C)

TO ALLOW THE CONSTRUCTION OF A HOTEL GENERALLY NORTHEAST OF

HENDERSON AVENUE AND PROSPECT STREET
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of March 3, 2020, conducted a public hearing to consider Conditional Use Permit (PRC 2019-035- C), a request to allow the construction of a 63,108 ± square-foot hotel located on Henderson Avenue, east of Prospect Street; and
WHEREAS: On March 3, 2020, the City Council approved the request with Resolution 17-2020, condition No. 3 of which limited the term of the associated Conditional Use Permit (PRC 2019-035-C) to two years with the option of a one year extension upon written request; and NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the one year extension of Conditional Use Permit (PRC 2019-035-C) subject to the following conditions:

1. The applicant submitted the required written application for extension of the Conditional Use Permit approval prior to permit expiration; and

2. No fee is currently established in the Fee Schedule for the extension of a Conditional Use Permit and the applicant is therefore not required to pay a fee for the extension request; and

3. All conditions of approval set forth in Resolution 17-2020 approving Conditional Use Permit (PRC 2019-035-C) continue to apply to project.

PASSED, APPROVED AND ADOPTED this 15th day of March, 2022. ____________________________
Martha A. Flores, Mayor
ATTEST:

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

LOWERY
ST

ELLIS PL

DOUGLAS
CT

MASTON ST

DOUGLAS ST MONACHE AVE SAN CARLOS ST

STONEGATE COVE DR

WESTSIDE ST SANDRA AVE

BEL AIRE CIR

COBB ST

MULBERRY AVE
|ÿ
65 PORTER RD

HENDERSON AVE

PROSPECT ST
Locator Map
PRC 2019-035
Porterville Inn
@ 1106 W. Henderson
Date Printed: 10/18/2019 by the Community Development Department 1 in = 400 feet
±
Project Location
drawn by:
date:project #:
drawing number:
drawing title:
checked by:

Open Studio Architecture, PLLC © 2019
All Rights Reserved

THIS DRAWING IS PROVIDED AS AN INSTRUMENT

OF SERVICE BY THE ARCHITECT AND IS INTENDED
FOR USE ON THIS PROJECT ONLY. THE DRAWING

REMAINS THE PROPERTY OF THE ARCHITECT AND

SHALL BE RETURNED TO HIM/HER UPON
COMPLETION OF THE CONSTRUCTION WORK.

PURSUANT TO THE ARCHITECTURAL WORKS
COPYRIGHT PROTECTION ACT OF 1990, ALL

DRAWINGS, SPECIFICATIONS, IDEAS, AND

DESIGNS, INCLUDING THE OVERALL FORM,

ARRANGEMENT, AND COMPOSITION OF THE

SPACES, AND ELEMENTS APPEARING HEREIN,

CONSTITUTES THE COPYRIGHT WORK OF THE
ARCHITECT. ANY REPRODUCTION, USE, OR

DISCLOSURE OF INFORMATION CONTAINED

HEREIN WITHOUT PRIOR WRITTEN CONSENT OF
THE ARCHITECT IS STRICTLY PROHIBITED.
6122 DeZavala Road
San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
A100
1103 W Henderson Avenue,
Porterville, CA

19.121
Author

09.30.19 SCHEMATIC COVER
SHEET
Fairfield Inn & Suites
Checker
Fairfield Inn & Suites
1103 W Henderson Avenue,
Porterville, CA
Schematic Design

PROPOSED FUTURE

SHARED DRIVEWAY
W.HENDERSON AVENUE

EXISTING DRIVEWAY
TYPICAL PARKINGSPACE: 18'X10'
ADA PARKING (2'-0" overhang)SPACE

POOL AREA

PROPOSED HOTEL
103 ROOMS

CANOPYCOVER ON DROPP-OFF
FUTURE CROSS ACCESS TO ALL AMERICAN CITY HWY EXIST 45

EXISTING DRIVEWAY

TRASH ENCLOSURE
TYPICAL PARKINGSPACE: 18'X10'(2'-0" overhang)

PAINTED STRIPPING

PAINTED STRIPPING

EXISTING DRIVEWAY

TOM'S PARCEL

VERIZON

BURGER KING

LANDSCAPE AREA

LANDSCAPE AREA

LANSCAPE AREA

PAINTED STRIPPING

CONCRETE CURB
VAN
PAINTED HC. SYMBOL TYP.

LANDSCAPE AREA LANDSCAPE AREA

LANDSCAPE AREA LANDSCAPE AREA

PROPERTY LINE

FUTUREPANDA EXPRESS
2'-0" TYP. OVERHANG
8'-0" BLOCK WALL PROPERTY LINE
8'-0" BLOCK WALL

FIRE HYDRANT

FIRE HYDRANT & FDC

FIRE HYDRANT

FIRE HYDRANT
W.HENDERSON AVENUE

CROSS ACCESS TO PROSPECT STREET
FUTURE CROSS ACCESS TO ALL AMERICAN CITY HWY EXIST 45

EXISTING DRIVEWAY

PROSPECT STREET
drawn by:
date:project #:
drawing number:
drawing title:

Open Studio Architecture, PLLC © 2019
All Rights Reserved

THIS DRAWING IS PROVIDED AS AN INSTRUMENT OF

SERVICE BY THE ARCHITECT AND IS INTENDED FOR
USE ON THIS PROJECT ONLY. THE DRAWING REMAINS

THE PROPERTY OF THE ARCHITECT AND SHALL BE

RETURNED TO HIM/HER UPON COMPLETION OF THE
CONSTRUCTION WORK. PURSUANT TO THE

ARCHITECTURAL WORKS COPYRIGHT PROTECTION
ACT OF 1990, ALL DRAWINGS, SPECIFICATIONS, IDEAS,

AND DESIGNS, INCLUDING THE OVERALL FORM,

ARRANGEMENT, AND COMPOSITION OF THE SPACES,

AND ELEMENTS APPEARING HEREIN, CONSTITUTES
THE COPYRIGHT WORK OF THE ARCHITECT. ANY

REPRODUCTION, USE, OR DISCLOSURE OF

INFORMATION CONTAINED HEREIN WITHOUT PRIOR

WRITTEN CONSENT OF THE ARCHITECT IS STRICTLY
PROHIBITED.
checked by:
6122 DeZavala Rd.

San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
AS101
1103 W Henderson Avenue,
Porterville, CA

19.121
Author

09.30.19 SCHEMATIC

ARCHITECTURAL SITE
PLAN
Fairfield Inn & Suites
Checker

PROJECT LOCATION

VICINITY MAP
ASSESSOR PARCEL NUMBER : 245-111-001-000246-111-045-000NET AREA OF EXISTING PARCEL: 3.61 ACRES N
True

PROJECT LOCATION

LOCATION MAP
TOTAL PARKING PROVIDED : 110ADA PARKING PROVIDED= 6
SCALE: 1/32" = 1'-0"
SITEPLAN 1

BUILDING DATA
MAIN LEVEL: 17,544 SFSECOND LEVEL: 15,188 SFTHIRD LEVEL: 15,188 SFFORTH LEVEL: 15,188 SFTOTAL: 63,108 SF

PROPOSED FUTURE SHARED DRIVEWAY
W.HENDERSON AVENUE

EXISTING DRIVEWAY
TYPICAL PARKINGSPACE: 18'X10'(2'-0" overhang)

ADA PARKING SPACE

POOL AREA

PROPOSED HOTEL
103 ROOMS

CANOPYCOVER ON DROPP-OFF
FUTURE CROSS ACCESS TO ALL AMERICAN CITY HWY EXIST 45

EXISTING DRIVEWAY

TRASH ENCLOSURE
TYPICAL PARKINGSPACE: 18'X10'(2'-0" overhang)

PAINTED STRIPPING

PAINTED STRIPPING

EXISTING DRIVEWAY

TOM'S PARCEL

VERIZON

BURGER KING

LANDSCAPE AREA

LANDSCAPE AREA
2'-0" TYP. OVERHANG

LANSCAPE AREA
6' - 0"
6' - 0" 5' - 5"
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG

PAINTED STRIPPING
TYPICAL PARKINGSPACE: 18'X10'(2'-0" overhang)
6' - 0"
7' - 0"

CONCRETE CURB
VAN

CROSS HATCH STRIPPING
PAINTED HC. SYMBOL TYP.
281' - 6 1/4"
28' - 0"
208' - 8 5/8"

LANDSCAPE AREA

LANDSCAPE AREALANDSCAPE AREA

LANDSCAPE AREA
7' - 0"

PROPERTY LINE

FUTUREPANDA EXPRESS
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
54' - 10" 45' - 8 5/8" 5' - 4 1/4" 6' - 0"
6' - 10 1/2"
10' - 9 3/8"
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
20' - 0"
36' - 7 1/2" 311' - 6"
8'-0" BLOCK WALL PROPERTY LINE
8'-0" BLOCK WALL

FIRE HYDRANT

FIRE HYDRANT & FDC

FIRE HYDRANT

FIRE HYDRANT
W.HENDERSON AVENUE

CROSS ACCESS TO PROSPECT STREET
FUTURE CROSS ACCESS TO ALL AMERICAN CITY HWY EXIST 45

EXISTING DRIVEWAY
30' - 0" DRIVEWAY
30' - 0"
2'-0" TYP. OVERHANG
2'-0" TYP. OVERHANG
28' - 0"
28' - 0"
28' - 0"
TYP.
18' - 0" TYP.
10' - 0"
TYP.
18' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
T
Y
P
.
18' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
T
Y
P
.
18' - 0"
TYP.
10' - 0"
T
Y
P
.
18' - 0"
T
Y
P
.
18' - 0" TYP.
10' - 0"
30' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
30' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
TYP.
10' - 0"
TYP.
18' - 0"
2 8
'
-
0 "
28' - 0"
T
Y
P
.
18' - 0"
TYP.
10' - 0"
TYP.
18' - 0"

DRIVEWAY
30' - 0"
6' - 9 3/8"
36' - 8 7/8"
28' - 0"
30' - 0"

PROPERTY LINE
15' - 0"
drawn by:
date:project #:
drawing number:
drawing title:

Open Studio Architecture, PLLC © 2019
All Rights Reserved

THIS DRAWING IS PROVIDED AS AN INSTRUMENT OF

SERVICE BY THE ARCHITECT AND IS INTENDED FOR
USE ON THIS PROJECT ONLY. THE DRAWING REMAINS

THE PROPERTY OF THE ARCHITECT AND SHALL BE

RETURNED TO HIM/HER UPON COMPLETION OF THE
CONSTRUCTION WORK. PURSUANT TO THE

ARCHITECTURAL WORKS COPYRIGHT PROTECTION
ACT OF 1990, ALL DRAWINGS, SPECIFICATIONS, IDEAS,

AND DESIGNS, INCLUDING THE OVERALL FORM,

ARRANGEMENT, AND COMPOSITION OF THE SPACES,

AND ELEMENTS APPEARING HEREIN, CONSTITUTES
THE COPYRIGHT WORK OF THE ARCHITECT. ANY

REPRODUCTION, USE, OR DISCLOSURE OF

INFORMATION CONTAINED HEREIN WITHOUT PRIOR

WRITTEN CONSENT OF THE ARCHITECT IS STRICTLY
PROHIBITED.
checked by:
6122 DeZavala Rd.

San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
AS102
1103 W Henderson Avenue,
Porterville, CA

19.121
Author

09.30.19 SCHEMATIC SITE PLAN
Fairfield Inn & Suites
Checker
N
True
N
Plan
SCALE: 1" = 20'-0"
SITEPLAN 1
2 A201
1 A202
1 2 4 5 6 7
14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 16' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 14' - 0" 3 8 9 10 11 12 13 14 15 16 17
A
B
C
G

LINEN STORAGE
ROOM
101

MAINTENANCE
ROOM
102

MEETING ROOM
103
WIDE-ACC. KING

ROLL-IN
134
D. QUEEN
133

EMPLOYEE BREAK
ROOM
132 LOUNDRY
130

FITNESS CENTER
108

GUEST LAUNDRY
107
W. R/R
105
OFFICE
129
ELEV. EQUIP
131

WORK ROOM
127
OFFICE
128
VEST.
123.

KING GR
120.

KING GR
119.

KING GR
118. WIDE ROLL IN KING GR
117.

ELEC. ROOM
115

KING GR
114

KING GR
113

KING GR
112

BREAKFAST AREA
110
VEST.
109
STAIR
116.

STAIR
135

SALE ROOM
121.
84' - 7"
240' - 0"
F
18' - 4 7/8" 12' - 11 1/8" 42' - 0"
6' - 0"
24' - 0"
D
24' - 0"
24' - 0"
6' - 5" 6' - 0" 6' - 5"
11' - 4 1/4"

OUTDOOR

POOL RECREATION
18 KING GR
111

REGISTRATION
126
Room
125
LOBBY
123
LOUNGE
122
STOR.
138

FOOD PREP
140
28' - 0"
A105
5 E
15' - 9"
9' -
6 2"' - 0
"
13' - 0 3/4"
MECH. ROOM
141
MTG. ROOM

STORAGE
142

OUTDOOR
LIVING
21' - 1"
8' - 9" 17' - 4"

BOILER ROOM
144
28' - 0"
POOL EQUIP.
150
STOR.
151
38' - 0"
6' - 6"
M. R/R
152
8' - 8" 8' - 8" 10' - 3 7/8"
7' - 4 3/4" 22' - 0"
19' - 1 1/4"
26' - 0"
9' - 2 5/8"
4' - 2 1/4"
9' - 0"

FIRST FLOOR SECOND FLOOR THIRD FLOOR FORTH FLOOR

KING GRDOUBLE QUEEN ROOMS
KING SUITESACC. KING SUITES
ACC. KING
ACC. D.QUEEN
701200
1419205
14111014
14011006
TOTAL 10 31 31 31
drawn by:
date:project #:
drawing number:
drawing title:

Open Studio Architecture, PLLC © 2019
All Rights Reserved

THIS DRAWING IS PROVIDED AS AN INSTRUMENT OF

SERVICE BY THE ARCHITECT AND IS INTENDED FOR
USE ON THIS PROJECT ONLY. THE DRAWING REMAINS

THE PROPERTY OF THE ARCHITECT AND SHALL BE

RETURNED TO HIM/HER UPON COMPLETION OF THE
CONSTRUCTION WORK. PURSUANT TO THE

ARCHITECTURAL WORKS COPYRIGHT PROTECTION
ACT OF 1990, ALL DRAWINGS, SPECIFICATIONS, IDEAS,

AND DESIGNS, INCLUDING THE OVERALL FORM,

ARRANGEMENT, AND COMPOSITION OF THE SPACES,

AND ELEMENTS APPEARING HEREIN, CONSTITUTES
THE COPYRIGHT WORK OF THE ARCHITECT. ANY

REPRODUCTION, USE, OR DISCLOSURE OF

INFORMATION CONTAINED HEREIN WITHOUT PRIOR

WRITTEN CONSENT OF THE ARCHITECT IS STRICTLY
PROHIBITED.
checked by:
6122 DeZavala Rd.

San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
A101
1103 W Henderson Avenue,
Porterville, CA

19.121
Author

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Open Studio Architecture, PLLC © 2019
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THE PROPERTY OF THE ARCHITECT AND SHALL BE

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AND DESIGNS, INCLUDING THE OVERALL FORM,

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San Antonio, Texas 78249
Tel: 210.417.4307
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19.121
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Open Studio Architecture, PLLC © 2019
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USE ON THIS PROJECT ONLY. THE DRAWING REMAINS

THE PROPERTY OF THE ARCHITECT AND SHALL BE

RETURNED TO HIM/HER UPON COMPLETION OF THE
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ARRANGEMENT, AND COMPOSITION OF THE SPACES,

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INFORMATION CONTAINED HEREIN WITHOUT PRIOR

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checked by:
6122 DeZavala Rd.

San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
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1103 W Henderson Avenue,
Porterville, CA

19.121
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drawn by:
date:project #:
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Open Studio Architecture, PLLC © 2019
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THIS DRAWING IS PROVIDED AS AN INSTRUMENT OF

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USE ON THIS PROJECT ONLY. THE DRAWING REMAINS

THE PROPERTY OF THE ARCHITECT AND SHALL BE

RETURNED TO HIM/HER UPON COMPLETION OF THE
CONSTRUCTION WORK. PURSUANT TO THE

ARCHITECTURAL WORKS COPYRIGHT PROTECTION
ACT OF 1990, ALL DRAWINGS, SPECIFICATIONS, IDEAS,

AND DESIGNS, INCLUDING THE OVERALL FORM,

ARRANGEMENT, AND COMPOSITION OF THE SPACES,

AND ELEMENTS APPEARING HEREIN, CONSTITUTES
THE COPYRIGHT WORK OF THE ARCHITECT. ANY

REPRODUCTION, USE, OR DISCLOSURE OF

INFORMATION CONTAINED HEREIN WITHOUT PRIOR

WRITTEN CONSENT OF THE ARCHITECT IS STRICTLY
PROHIBITED.
checked by:
6122 DeZavala Rd.

San Antonio, Texas 78249
Tel: 210.417.4307
www.openstudio-usa.com
A202
1103 W Henderson Avenue,
Porterville, CA

19.121
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09.30.19 EXTERIOR ELEVATIONS
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Item No. 16.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Approval for Community Civic Event - Boys & Girls Club - 2022 Love Our Kids Fun Run - April 9, 2022
SOURCE: Finance
COMMENT: The Boys & Girls Club of the Sequoias is requesting approval to hold the "2022 Love Our Kids Fun Run" event on April 9, 2022, beginning at 9:00 a.m. at Veterans Park. The Club is requesting the use of the trails inside the Park and some sidewalks along the Park.

This request is made under the Community Civic Event Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. In addition, the City Council's COVID-19 Ad Hoc Committee reviewed the application and recommended approval of the event. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B. Event organizers are required to adhere to all local, State and Federal guidelines and limitations pertaining to COVID-19.

RECOMMENDATION: That the City Council approve the Boys & Girls Club application for a community civic event permit to hold the 2022 Love Our KIds Fun Run on April 9, 2022, along Veterans Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager

Item No. 17.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Approval for Community Civic Event - Optimist Club/PUSD/BSD - Porterville Celebrates Reading - April 2, 2022
SOURCE: Finance
COMMENT: The Optimist Club of Porterville, Porterville Unified School District and Burton School District are requesting approval for a community civic event permit to hold "Porterville Celebrates Reading" at Veterans Park on April 2, 2022, from 10:00 a.m. to 2:00 p.m. The event is a literacy fair for children of pre-school ages and up. Local schools and community organizations will have booths with literacy activities.

This request is submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B. Staff will follow up with the event chairperson for evidence of commercial liability coverage naming the City as an additional insured. The City Council's COVID-19 Ad Hoc Committee has reviewed the application and approved the event. Event organizers are required to adhere to all Federal, State and local guidelines and limitations pertaining to COVID-19.

RECOMMENDATION: That the City Council approve the Optimist Club, Porterville Unified School District and Burton School District application for a community civic event permit to hold "Porterville Celebrates Reading" event on April 2, 2022 at Veterans Park, subject to the restrictions and requirements contained in the application and agreement, exhibit A and exhibit B.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, Map, Exhibit A, and Exhibit B
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 18.

CITY COUNCIL AGENDA – MARCH 15, 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 March 1, 2022, 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 twenty-five percent (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 twenty-five (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 thirty-two percent (32%) to twenty-six percent (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 Item No. 18.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers 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 fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (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 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 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 Item No. 18.
system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously 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 five hundred (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 its meeting on 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.

Item No. 18.

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 Statefunded 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, twenty-three (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 eight hundred (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 forty-one (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 Item No. 18.
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 30, 2019, the City Council directed staff 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 forty-five (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 thirty-one (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 Item No. 18.
the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought 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
~~~smia~rp__e:w. "fl
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