Porterville City Council
August 1, 2023

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

CONTRACT NO.: 1905

SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE  LIST PRICE
001  1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH  COUNTY  TON  $60.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required. Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 60.00 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2024.

Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

REQUEST FOR BID

THIS IS NOT AN ORDER
CO{TNTY -OF TULARE
Office of

PURCHASING AGENT
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291-4593
Date: _ __,M=av.z...=24;:.:.-;..:::2~02::::3::,._ __
Req:242303924
REFER TO BID No.
24~006
By: Cher Castellini _
Phone: 559 -205-1100
Bids will be-received by the Tulare County Purchasing Agent, 2637 W. Burrel Ave. Suite. 200, Visalia, CA 93291~45_93tmtil. ·_ 2:00 P._M~_oit,Jli~E 14.2023 . Delivery F.O.B. PLANT LOCATION - - · NOTICE: Bid on each item separately unless instructions read otherwise. Attach complete fiP~C::ifi~ations for any ?Ubstitutions offered or when cialification is desirable or necessary. The right is reserved:to-~ejectany 0r albbiqs. --
lndic~te- BID NUMBERant';f, BID CLOSING DATE on outside of envelope fQr p~per.bi~ su~rnissio11s • • ' - __ • • - -. < .... -.- ·. • $1i:fNO~ 24~0()_6-CLOSING DATE: June 14, 2023 . .- - . . .. . . · %'1;.%" GOLD.:MIX-.MATERIAL & %'~HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT The ."l;ulare County Purchasing Agent invites bids to be submittecl for the purchase oPI!t-W' COLD MIX MATERIAL&%,; HOT MI.XASPHAL..T as required. Such contract will be for a one (1) year period effectivebeginning JULY 1, 2023, and ending. JUNE 30, 2024. · BIDDERS QUESTIONS: Bidders may submitany question they have pertaining to this Requestfor Bid: to [email protected]. Any and all que_stions must be su9mi_tted via _ -www~b-idnetdirect.com ·or [email protected] by 5:00 p.m. MAY 31. 2023, in orderto . 6-~--ci:)Q'siderec~t _:Que~tions and ~nswers·wfll be distributecf to all ~idders only if necessary to cl_a_dfY - subsf~"nti:ve:iterns -raised. No cnange~ and/or additions will be m~de to this Requestfor Bid within fortY (40) -.wgf.~in~;pg.ur?o(it~-,~~~~ing date: · - · · ··
· DEfAULT ~Y.SU.CCESSF.Uh; BIDDER: ._ln qase of default by succe~sftJI bidder _by nbn;.deliv¢ry ()f~~itle(s} and-~fis.~ryicfe(S.),qf:i;:qr;p~{ore'Jhe;a~llve,ry:•da~e:-The County may procure the ~rti.de(s).andor::,serv!ce(s)_-. . from.~~u1otoer so.4rd~~hd'rnaytecoy~r:CQ~ts.frqm successfljl b_idder. The succe~sflil. bidder ni9Y be c!:18,rg~d, . costoftransp6rl:ati-pq, thE:}·differ~hp~:in'46st,cif'~rticJe(s)and or service( is) base'd on .Contract inforrn~ti6n. . ..

The Coubty+e~ery~s:.fil~righ(_tq b¢:c.ompen~~t~d deducting mqnies owed tQSUf~essfufbidder:kom the ccmtract.information·an<:l :or inypicing tbe:suGces~ful bidder upon· notification, of:the _default. . . • . 'i. . .. - • •·• . - • -_ ·. - . - : . . • • ~ :;:c.•- . ; ~. . . : . · · INTE_N:r:-Th~Gqt/ntyis{n~ne.~!Ji.Pf'Gold~Mi*l3n9,HotMix AsphaltGqncrete Materi.a,lifor lt~;rpad_·f:?~pj~9~s. Qye to>ihcreasing:ttfel'.costs,·it is·.more'economi¢al·fodhe CountY to award tW:o (2). contra¢ts .. One,Jordhe-South .- . __ -_._ :~:.·-~------· .. · .• , ~-= ,.··:·-·--_•.-'.-.· _,:::·-'-: .... ,_., .. ,·.· :'." .·::;-:-;:,.:.·-'."•··, . -·' . ., - ·-,; --. ·,._'_ ,:_1 •• ,,.,_ • .;. __ ...... '-._.-;',!¥·-;·''_,--..-~:-._-:"".-'";.:
end·_ar,lq one::fq(tt:i.~North ~nd qf:the _Qounzy.': For the. purpp~e of this bid, Avehlie 232 will-be used.:ai:ftlie. dividing line.. , · · -· .- · -·· · --. · ,·_:·.

ATTACHED .SHEETS:. The atta.c~~dsheets indicate the condition of the~ bid and- qontrac;t, speGificaticms, using~, dep~rtmerits';ana a.gehqie~; al'ld. estim$.t~d ·quantities of the pr6ducts to be· usedfotone. (1} year.

Quantities estirr~ated will be used forh~sis _of.award and are based ori _past year·~ usage. -AND.SI~~~t~~;~~~~~N~g~f~~~~:~~~:e~s~l~~ ;-~~t~~11PR'S.BIO.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE

PARTICIPATION
The County is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings and Tulare Counties, and the Political Subdivision, Municipalities and Tax Supported Agencies within these County boundaries. Whenever possible, these entities wish to co-op (piggyback) on existing bids. Please state if your bid will or will not be extended to these entities under the same terms and conditions as stated in this bid.

Select YES or NO.

DOES COMPANY MEET THE REQUIREMENTS OF A "LOCAL VENDOR" (Refer to Section 31) Select YES or NO.

Undersigned agrees to furnish the commodities and/or services as stipulated in this REQUEST FOR BID at the prices/fees, terms, and conditions stated.

Company: J~xor"1 tn.\<rtfi 1 <..-S
Address: Zl l.?., I f;\y <- \ l..o
~~ D~ Crc..-e.-"- &2~\,~
County: ~let I"(.

City('\ _ .
wwvi\l-c....

Signed By: va!:XA ~ PfS:rr'l &Ak:El
Title: '5::s._\-e) Q. . Date: ~
Note: This. signature page must be turned in with your Bid

ICJ, 2.o~"S •
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006 - %"-%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

1. PREPARATION OF BIDS

REQUEST FOR BID

GENERAL CONDITIONS
A. All information requested of the bidder shall be entered in the appropriate space(s) on the form.

Failure to do so may disqualify your offer.

B. Any Attachments and/or Exhibits are herewith made a part of this Request for Bid.

C. All information shall be typewritten or clearly printed. Mistakes may be crossed out and corrections inserted before submission of your Bid. Corrections must be initialed in ink by the person signing the Bid. Bids may be completed manually and scanned for submission.

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

E. To be considered, bid~ must be submitted and received by the Purchasing Division on or before the Deadline for Submitting Bids.

F. Bids will be accepted via hard copy delivery at Tulare County Purchasing, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 or via electronic submission on www.bidnetdirect.com. If bids are received after the deadline, vendors will be notified via electronic mail of the late submission.

Timestamp will be used to determine timeliness of submission. The County is not responsible for late submissions due to delays in electronic delivery.

G. All bid prices shall be F.O.B. County of Tulare.

H. Bid prices shall remain open and valid subject to acceptance for sixty (60) days after bid closing date.

I. Prices bid SHALL remain firm for a minimum of 120 days after award to cover subsequent purchase requirements.

J. Prices bid by bidder are considered accurate and cannot be withdrawn after the bid is closed.

K. Upon submission of biddo9uments, all such documents shall become the property of the County.

L. Time of delivery sh~ll be stated as the number of calendar days following receipt of the order by the bidder, to the receipt of the goods or services by the County. Time ofdelivery may be a · consideration in the award.

M. Prices will be considered as net if no cash discount is shown. . -- . ~: . - .

N. Provide any other information notspecifically requested which may be considered by the Purchasing Agent ·(Purchasing Agent is not obligated to consider any information not specifically reque~te~ in this _bid _request.) · ·

0. Tulare County generally solicits bids from a wide variety of bidders which may include retailers, wholesalers, suppliers, distributors, etc.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

BRAND NAMES/QUALITY
A. Brand names and numbers, when used, are for reference to indicate the character or quality desired.

B. Equal items will be considered, provided your offer clearly describes the article. Offers for equal items shall state the brand and number (or level of quality if item cannot be identified by brand and number)
C. Equal items will not be considered if identical supply has been determined a necessity and the notation NO SUBSTITUTE has been entered.

D. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

E. · The Purchasing Agent shall in all instances be the final judge in determining whether the items bid are acceptable to the County, and whether the items bid are equal in quality and utility to the specified articles. ·

3. SAMPLES
A. Samples of articles, when required, shall be furnished free of cost of any sort to the County of Tulare.

B. Samples of articles selected may be retained for future comparison.

C. Samples which are not destroyed or consumed by testing, or which are not retained for future comparison will be returned upon request at bidder's expense.

4. TAXES
A. Tulare County is exempt from payment of Federal Excise Tax. No Federal Tax should be included in the price. Exemption C~rtificates will be furnished when applicable.

B. Unless otherwise definitely specified, the unit price stated herein does not include California State Sales Tax. Lump sum bids for labor and materials shall include all applicable tax.·

5. CASH DISCOUNTS
In connection with any cash discount speCified on this bid, time will be computed from the date of complete gelivery of the supplies or equi~ment as specified, or from the date correct invoices are received if the latter date is later: than the ·date of delivery. For the purpose ofearning the di~count, payment is dee!Tied to be made on the d*e of in ailing of the County warrant or check.

6. USAGE
Usage of materials will be intersp~rsedand periodic during the contract year, and as such will not be subject to shipment of the total estimated1requirements at any one time.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006 -%"-Y." COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

7. QUANTITIES
The estimated usage for each item is based on the experience of the past twelve ( 12) month period or are estimated requirements for one (1) year. It is not expressly implied, nor guaranteed, that the quantities shown will be used in the next contract period, and as such, the right is reserved to order decreased or increased amounts from those listed, as may be required. However, it is to be understood that these figures are quite realistic and will be considered in making an award. Actual usage whether lesser or greater than estimated shall not affect the prices as bid and accepted by the County.

8. INCLUSION IN THE CONTRACT
The County departments and governmental entities listed are those which will participate in the contract.

However, the right is reserved by the Purchasing Agent, at his/her discretion, to include any other County department and/or governmental entity in the contract at the accepted prices.

9. LITERATURE.

Bidders shall submit literature which fully describes items on which they are bidding, no later that the dosing date of this bid. Any and all literature submitted must be stamped with bidder's name and address.

10. GUARANTEE AGAINST DEFECTS
All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.

11. PRICES F.O.B.

Quotations are to be F.O.B. PLANT LOCATION.

12. MINIMUM ORDER
Bidder's offer must indicate minimum order quantities and charges for less than minimum order · . quantity. If not stated; it will be assumed there are none.

13. AWARD
The County of Tulare reserves the right: (1) to award bids received on the basis of individual items or groups of items, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; ( 4) to make partial awards or award to more than one 'vendor (if vendor bid prices are based only on an "all or none" award, vendor just so specify within the bid); and (5) to acceptthe bid that is in the best interest of the County of Tulare. The Purchasing Agent's decision shall be final.

A combination of the follpwing factors will be considered in awarding this bid.

A. Prices
B. Bidder's previous records of performance and service c. Ability of bidder to render satisfactory goods or services in this in$tance - . . - . ~ -- -- ' . - - . . .

D. Quality· and conformance to specifica~ions
·The County shall be the sole judge in making this determination.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

14. RENEWAL
The contract or purchase order resulting from this bid may be renewed, by mutual consent, for an additional two (2) one ( 1) year terms provided the prices, terms, and conditions remain the same.

15. QUANTITY & QUALITY OF MATERIALS OR SERVICES
The successful bidder shall furnish and deliver the quantities designated by the Purchasing Agent.

Packing slips which clearly identify the merchandise and a listing of the County of Tulare's Purchase Order number must accompany every delivery. All materials, supplies or services furnished under contract or Purchase Order shall be in accordance with the county specifications. Materials or supplies which, in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications shall be rejected and promptly removed from the County premises at the bidder's or contractor's expense.

16. INDEPENDENT CONTRACTOR STATUS
This contract is entered into by both parties with the express understanding that CONTRACTOR will peliorm all services required under this Contract as an independent contractor. Nothing in this . Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers· as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone ·it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any superVision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federaltaxes. In p~rticular, COUNTY will not: ·
a. Withhold fiG~ (Social Security) from CONTRACTOR'S payments. . . b. Make state or f~dereil unemployment insurance contrib~tions on CONTRACTOR'S behalf. c. . Withhold· state or federal income tax from payments to CONTRACTOR. . d,:· Make disability insurance contributions on behalf of CONTRACTOR. e .. O~bta!n unemploynienf compen~ation insurance on behalf of CONTRACTOR. . . - ·. ~ . . . . . . . . ' Notwithstanding this inqependent contractor relationship, COUNTY, through the Purchasing Agent, shall have .the ri_ght to desigri~te the sites at which services are to be performed, ~nd to monitor aiJd evalt:~ate the' performance of CONTRACTOR to assure compliance with this Contract.

17. RIGHTTOAUDIT
The County. of T~iare ··reserves the right to verify, by examination of the successful bidder'~· records, all ·· invoice<;! af.ndur1ts when firm prices c:~re not set forth in the Agreement or purchase order resulting from · this bid. ·. · · · · · · ·

18. ·LIABiliTIES
A The succe~sful bidde(spall. hold th~ County of Tulare, its officers,. ~gents; and emplpyf;)es harmless . . from liability of any riatlire o'r 'kind ,because of the use of any cO'pyrighted composition, secret proces~. patented Or unpatented in\lention, artides or appliances furnished ot used .under the agreementor purchase. order resulting from this bid, and agrees to defe.nd, at successful bidder's own expense, any and all actions brought against the County of Tulare or successful bidder because of the unauthorized use of such articles . . -.. ··. .

Page.6 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ,. ~ -. . " . ';,:-:-·- . - ._ .::.:.

BID NO. 24-006- %"-Yz" COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kinds, including death or injury to any person and/or damage to any property, including County property arising out of the acts or omissions of Contractor or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against County by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by Contractor, and any claims made against County alleging civil rights violations by Contractor under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). Contractor specifically agrees to hold harmless and indemnify County for any and all claims arising out of any injury, disability, or death of Contractors' empl.oyees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract for any extension of this Contract.

C. The foregoing obligations will continue beyond the term of the contract or purchase order resulting from this bid as to any act or omission that occurred during its term or any extension thereof.

19. ·. DEFAULT BY SUCCESSFUL BIDDER
' '
·.·. A. . In case. of default by.successful biqder by non•delivery of article(s) and or service(s). on or before .. the delivery date. The County may procure the articie(s) and or service(s) from another ~ource ·. and ma}/reeover cdsts from successful bidder. The successful bidder may be charged, cost:of · transpo.rtation, the difference in cost of article(s) and or service(s) based on Contract information.

The County res.erves the ,right to be compensated deducting monies owed ti:::i succe~sful bidder from the Contract information and or invoicing the sucicessful bidder upon notifi~tion of the default. · · ·
. . - . .

B. . lnsp~ction qn deliveries which do not meet specifications, will be at the expense of succ~ssful · ~~ ' . . ' . 20 . .PRICES
During the period of d~liyeries ~nder ail. agreement or purchase order resulting from this. ,bid, should there ,b~ a de~re~s~ hi pr(c~s: on the balance of the deliveries, such decrea:s.es shall be rn~de ayailable to the Cqurity f()(a~ lc)ng ~~the iower.pri9es are in effect, but at no time shali tl:le pric~s .chargecj t~e .County exce~d the prices. herein quoted; · · · · · · · ·

21. DELIVERIES/PICKUP
. CouritY personnel or theirrepresentativE:l will pick u.p material from the plant location as indicc:~ted by the . succe~sful·bidder. Freql!E:lricy ,of pick .ups will be determined by the n~eds.of the·using. pepartiiJent or .. :agenc{and:wi.ll be interspersed throughout the contract year. The succ~ssful biodershaltbe exp~ct~d tomaintain:(! normal dE:}IiVe_ry'tirne Which is established as being within forty.:eight (48) hours after re~eiptqf order. ' ' ' . ' ' ' '. ' ' ' . ' .. ' ' The_ Sl!CCessful bjqder st1<;~il,be ~~pect~dto load materials into Cqi,Jnty'Stf"l!Cks in a prqf~ssional and responsible mariher;· with~ care notto cause contamination· of materials. . . • ' . .

22. · CONTRACT EXCLUSIVE.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 '.· ;.·- · ... ·~ ' ·,
BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

23. TERMINATION OF PURCHASE ORDERS OF AGREEMENTS
A. Purchase orders or contracts which extend into a subsequent fiscal year will automatically cancel if the Tulare County Board of Supervisors does not appropriate funds for the goods and/or services under the purchase order or contract.

B. The County of Tulare may by giving ten (1 0) days written notice to the successful bidder, terminate the contract or purchase order resulting from this bid prior to its expiration for due cause. Due cause for termination shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

C. The County may, upon giving thirty (30) days prior written notice to the vendor, terminate the contract or purchase order, with or without cause.

24. MERCHANDISE RETURNABLE FOR FULL CREDIT
Successful bidder agrees to give full credit to the County for any merchandise returned in good condition.

25. · INVOICING .
· All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.

Invoice shall be paid once a month on all deliveries made during the month in accordance with the · County's normal payment cycle. . .

26. VENDOR ASSISTANCE
.successful bidd~r shall furnish, at no cost.to the County, a representative to ~ssist Cm~nty departments indeterminfn~f their prqduct-req_uiren)ents; · · · ·. · · · · 27 .. RENEWAL
The contract or purchas~ order re~ulting from this bid may be renewed, by mutual consent, for an additional three (3) one (1 )year terms ptc:ivided the prices, terms,. and conditions remain the same .. · 28 .. NON:-FUNDING CLAU~E . · ..

Funds -provided -for commodities or services uncler the terms of this bid are. contingent on availability of public funds .. Should sufficient fuh~S not be allocated during those terms, ilmounts due: may be . modified or t~rminated atE)ny time by the County upon thirty (30) day notice: Notice shall be' fuliy givenin writing or through service iri person or by first class. mail. . 29_ .. PARTICIPATION
The Cqunty is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings,. and Tulare Gc:iullties, and thf:) Political Subdivision,. Municipalities and Tax $l,lppoited ·.Agencies within these ,County boundaries. Whenever possible; these. entities wish to c<;>~op (piggy-back) on existing bids or proposals.· Please $tate if your bid or proposal. will, or wm·not. be extended· to these entities under the same terms and .conditions as stated in this bid or proposaL ' ' . . . ' . . . . .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ... · .. , ·._·;.·
.. : .

BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any ·responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.

Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.

31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):

A. Whenever the County purchases supplies, materials, equipment or services for the County through · the use of competitive bids, the County in evaluating the price for such supplies, materials and/or equipment shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid.

Such new bid must be in em amount less than or equal to the low bid announced by the County . . County shall award the contract to the local vendor submitting the lowest responsible bid withins~id . 481~our~ p~riod. If no new bids received within said 48 hour period, the contract shall be awarded to the qrigiriallow bidder as announced by the County. · · · B. "Local vendor" shall mean any business which:
(1)
(2)'
(3)
has had a fix~d offjc;e. or distribution point located in and having a street addr~ss within the Counzy of Tulare for at least six (6) months immediately prior to the issuance ·6f the · . . request for bids by the County; and . . . . . . . . . . - . . . . . - . . .
. holds any required busines~ license by the County or any city within the County; and, . . . ' . . . . . . . employs ~Ueasf~ne (1) full~time or two (2) part-time employeeswhoseprimary r~sidence is located ·wittiirUh~ County, or if the business.'has no employees, shall be'atleastftfty perden~ (50%) owned oyoneor more persons whoseprimary·residence is'locate~cwithin Tulare county. ·. · · · · C. . Any vendor claiming to be a .local vendor as defined above shall so certify to the Purchasing Agenti)~,"iridic;atirig Y~s;9rno'; belc>yl(_and signature a~ bid document. TheGourty Py.h:::ti~sing .

Agent st:tall.have· sole discretion to determine if a vendor meets the definition. of a "loc~ll vendor" .. .. -·· ... . .._, .· '. . ,, . - . ' -' . . . . -· ' .· .

D. · · Any person or business falsely claiming to be a local vendor shall be ineligible to transact any.·. t>uslne~~ with:the ·countY fora pedod of not lessthanthree (3) months or riot more th~n twenty~· . four (24) month~ ~s dete'fniin~d ii'rthe sole discretion 'of thij Purchasing Agent. Th~ County shall also have the right to t~rminate airor any part of any contract entered into with such. persori or ~usiness;' . ': . ·: · · ·· · · ·· · · · ·· · · E. . Prior tott)e c()unty qe9laiing any person or business not a "local yepdor" or ineligible to transact business ~i~'th~ C~unty, ~uch p~rs()n or business s~an be.~ntitl~d to, a put?lic h~arihg before the Bo~rd qfSu8ei;vis,o~s:andJo aJiVe {5) day notice of theti111e an~ plac~~th~reof. . · . . ·. . · . F. This prefe~e'nce shali not apply to transactions required by state or federal statutes or regulations to be awCirde~ to th~ "lowest respgnsible bidd~r'', or otherwise exenipte~ {ror:n loc~l_preferences. ' : ' < L ~ • ' ' •• - 0 0 0 0 ' ·, ' • r' .. • . Page 9 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

32. DEBARMENT: Contractor guarantees that it, its employees, contractors, subcontractors or agents (collectively "Contractor'') are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal state funded health care program, or from receiving Federal fund as listed in the List of Parties Administration. Contractor must within 30 calendar days advise the County if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the County harmless for any Joss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.

See Exhibit A, attached with instructions and signature page that must be signed and submitted with this Bid.

33. ON-LINE ORDERING
In keeping with the advance in technology, the County of Tulare is implementing on-line ordering as opportunity allows. Can you provide online inter-net ordering,:; . . · YES /' NO
Can you provide your commodity catalog either from your website or by Excel spreadsheet? •.. . . . . YES _j_ NO
34; INFORMATION
Information regarding the results of any bid may be obtained at the Tulare County Purchasing Department, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 for a period of ninety. (90) days from the·openihg date of the bid. Bid tabulations will be made available for review three (3) days after bid opening date and can be obtained from the Purchasing Department clerical staff.

35. SPECIAL CONDITIONS
Special Conditions attached hereto supersede the General Conditions to the extent of any ·inconsistency betweenthem. ·
. · 36 .. HEADINGS
. .

Headings are p~ovided for organizational purposes only and do not in any mann.er affect the scope, meal"lirig or intent ofthe provisions undedhe headings. . .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 .... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
BiD NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:

B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:

C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:

Javsoo 6-Hecpeises- 1 Pofu.5 99L\Z.'-\-& 1 R~d;")"C~ 9'o9q-Y2.~9 <y~~o.K"6n GlCjjf~~eS.Con-a 1 (J{J_J- 372-222.8
D. STATE REMITTANCE mailing address and telephone number for payment purposes:
j~,;on £1?krpri5CS) fo &vr qq4zt.J81 1(.ec~J,~ 1CA '1/poCfCf- 4Z'/8 5 3ti -Z'-4l- 2.ll z_ . .

E. DEFAULT BY SUCCESSFUL BlDDER: In case of default by successful bidder by non~delivery of aiticle(s) 'and or seryice(s) oil or before the delivery date. The County may proqurethe article(s) and or service(s) from another source and may recover costs from successful bidder.

The sucqe5$ful bidder may be charged, cost of transportation, the difference in qost ofarticle(s) and orseivice(s) bas,ed ori Cont(actinformation. The County reserves the right to be . compensated deducting monies owed to successful bidder from the Contract information arid or invoicing the successful bidderupon notification of the default. .

E. . COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as setforth in the attached Exhibit s,: apply. ' · . ~-- ·.
.p~ge 11 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ' ... '
BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Y." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in EXHIBIT C, attached.

Insurance policies shall not be used to limit CONTRACTOR'S liability or to limit the indemnification provisions and requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the-Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.

39. CAMPAIGN CONTRIBUTION DISCLOSURE
All bidders (potential contractors) must complete and submit with their bid, the Campaign Contribution Disclosure Form. Exhibit D attached with instructions, information, and a disclosure form must be signed and returned. For additional information, please refer to: Government Code section 84308
https:/lleginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=GOV&sectionNum=8 4308
FPPC Regulations 18438.1 through 18438.8
.https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 5C705AOA 11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29 40; NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMiC :- SANCTJbNS-IMPOSED JN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE -The attac:t)ed E;xlli_bit E sets Oljt infOrrQ.~t!on reg·arding the obligatipns. of County Gontra9tOrf) to comply with existing economic sanctions imposed by the u.s. government iri response to Russia's ·actions in Ukraine, as well as any sanctions imposed under stat,e law.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ·":. '.
.....
. :.· ...... ,··- ;·.·· ... '-;·.-,·: ..

BID NO .. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT SPECIAL CONDITIONS:

SPECIFICATIONS
· Plant Run Cold Mix- %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative.

DELIVERIES: D~_liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date. ·
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix :Material is<irnportant and necessary to the County for the economic completion of its road work projects. ·
PRICES: Prices shall be F .0.8. Plant Location and shall exclude Federal Excise Taxes, fqr which the · Co~_nty is exempt. Califor_!1ia State Sales Tax will be allowed on the net bid price. The price per ton · , sha.ll include all .fees for the duration of the contract. Example, environmental fees, etc. , NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds a\(oirdupois. •BID, PRICE: . ........ ;_._·:·
. . .
.. 4;000.Tons t()~~l ,estir)1a~~d. qqantitythrough June 30, 4024. . . - .·. .. .·.··· •· ·••· · _.-.: Appiic~bi~-.$ales t8}(~ in additicm to ;th~ price indic~ted. · · 2,000 T~ns-.S~l;)TH.COUNTY ~--· 5t..f 7 5 PER TON (includes, all fees). •. . •;;' ; ·: '. < " 0 ••• ' : . . : ' ;' . . ' '5 ~ ., s · 2.000 Tons :NORTH COUNTY $ PER TON (includes all fees) ,•.- .. J .. • - . %11·PLAN:rRUN:COLD MIX WITH OIL :-_··-.' :_-: :-: .• _,, .. ".! . .. ·_ ·. · ..
· 14;000Tonstotah;lstimated quantity-through June 30,2024. -· -·;, .· · ..... · . .. . . .· ., . ' . . Af:lp!icE.t.ble• ~al~s Tax .jfJ (iddition ·to the price indicated . . .,,O~O~o~s:··S~UTHQO~NTY $ · . . 5Ll 00
PER.TON (inGiudes_all fees) .. · . ' . - ~ . ·-. \"·"• ;·· .·7.~-0~,l"ons NQRTrj qoqNTY ·. $---'-_S_Y ____ ·""""o----- PER TON (includes all fees)

\ .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT BID PRICE ·Continued:

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer. _<:>_~_;;...._ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 2.1 url ~'IL \ ?..D, Por.J-Grv,'llc... I CIA

9.3z.t;7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit B, attached. %" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, %"maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10. 6,000 Tons total estimated quantity through June 30, 2024.

Applicable Sales Tax in addition to the price indicated. 3,000 Tons SOUTH COUNTY
3,000 Tons NORTH COUNTY $ (pD oo
PER TON (includes all fees)
PER TON (includes all fees)
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer_o=--lu_ .... _-+/-------- INDICATE PLANT LOCATION/SHIPPING POINT:'Z.. ( tt, \]
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, 0,~ 2..~ 7 attached.

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3, Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Note: Page 13-14 must be completed and submitted.

ATTACHMENTS:
**EXHIBIT A, DEBARMENT- MUST BE RETURNED SIGNED WITH THIS BID FORM. **EXHIBIT D, CAMPAIGN CONTRIBUTION DISCLOSURE FORM- MUST BE COMPLETED AND

RETURNED WITH THIS BID
**NOTE: FAILURE TO SUBMIT THE ABOVE-REFERENCED ITEMS AND BID FORM SHALL CAUSE BIDDER TO BE NON-RESPONSIVE.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 - ... -:. -··
BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. ·

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, · in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
· •. · .. · 4: · The prospective primary participant shall provide immediate written notice to the department o{ agency to· wl1ich this bid is submitted if at any time the prospective primary ··· participant learns that its certification was .erroneous when submitted or has bec_ome erroneous by reason of changed <?ircumstances.
.. 5. . The. terms cov~rec;l tran~acti_on, debarred, s.uspended, ineligibl~, lower tie'r poyered tr~m~action,: .participant,· person, prirf!ary. covere.d transaction,· prinCipal, .. bid, and· v6!uritarily ex~luded, as used ih -this clause, have. thE:~ meanlrigs set out in the Definitions and Cpverage · sections ·otthe·, rules. implerrteriting Executive Order 12549. You· 'may c6ntacttlie depaf.tmenf9r · · agency to which this bid is being submitted for assistance in obtaining a copy of those regulations. . 6. . The · prospective· primary participant agrees by submitting this bid that, should the · proposed . coveted transaction be entere.d into, it shall not knowingly enter into any .lower tier ce)veted tra11saqtion· with ~ person who Is proposed for debarment under 48 CFR''part 9, subpart 9A; debarred, .·suspended, . declared ineligible, or voluntarily exCluded from participation· in this · · .· coveted transaction, unless' authorized by the department or agency entering into this transaction. ' ,-· .. ' . . . . .. : . . . ' '. · 7. The pro~pective p~i[lary pa_rtiq_ipant further. agrees by submitting t~is. bid. that it will i,.;qlude ·the . clau.se titied ''Certifi~~tion~-Regardin'g · Debarment Suspe'nsion, h1eliglblllty anct VoiLintaiy -~xdusion-Low~f Tier -~6\fe,re~ Transa¢lion'j'. provided by the departrrieri.f or agency eR~~ring 'i!Jt() this covered transaction, WithOut modification, in all lower tier covered transactions 'and in ,all . solicitations for iower tiercc)vered transactions. . . . . . . : . ~: ·, ' . .• • ... ·.:. ' ( . - . . Page 15 of20 ·
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 -:.·:· ,."·:-. ~;· . -.- : ·~.'
BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower"tier covered transaction that it is not proposed for debarment under48 CFR · part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the. covered transaction, unless it knows that the certification is erroneous. A participant may d~cide the •. method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties· Excluded from Federal Procurement and Nonprocurememt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The .. · knowledge arid· information of a participant is not required to exceed that which is normally . possessed by a prudent person in the ordinary course of business dealings. . . . 1 0. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, . .debarred, · · .·: in~llgible, or volt.intanly ·.excluded _ from participation in this transaction, in addition ·to other .. _ remedies available to the Federal Government, the department or agency may term_inatej this . . . transaction for cause or default. .
-CERTIFICATION
.I
.•. _ . (1) The prospective pi:imacy participant certifies to the best of its knowledge a_nd belief; tQat . • . it and its priricipc:lls: -. . - . . ! ... ·: .. :. ·· •. -.. ~ . .. ·. (a). Are not·pre~ently ~ebJ:~n;~d, suspended, proposed for debarment, declared _ ineligibJe, or vqlupfaril}texcluded by any Federal department or agepcy; -.. . ·. : ·_ --. ·: . ; . - · .. ·. . . ' ....
• . (b) Have .n9t ~it~il1: a 1h~~~7¥!3~t period pr~ceding tri~: bic;i ~(:J,en, C<?r'!Yi,~te9. of pr · ·.had a civiljudgi;rlentre,nderep·'~gain~t them for comrnis.~ion offr~;aud or;,a ¢ritT:linal. · -qff~n~e in cohrf~~i9n With 6pt~!h.iog, attempting to obtain, ::or pen:Or_ming ~{ py~ifc · · (F~deta,l, ~tate~:.~r lo~1UraJ1~,a~~R>nor:~()ntta6t u·rider ~:publi~ tr~n~a~~,~~)l'l; vioi~tipn· :· . . -of;F~qerat <?r State an~itrust 5t(l,tO.e.!? orcomn'iission.9f .einbezile!T:l~rlf;.tl:l~ft. forgery;- -_ -·. · qri,t),efy,J?I~i~q~tipo- pfqE$tru,C,:t!<:>rt qf reC()rds, making f;:tiS_e st~tern~qts; or re~fjiyihg · ~tol~f.l,pi:ot>t:lttY;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
. . . ·.·

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 . ' .. ,- -. ~ . • . - ··:·~ ..

BID NO. 24-006- %"-%"COLD MIX MATERIAL & ~"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and · (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in · this certification, such prospective participant shall attach an explanation to this bid. rinted Name Name of Agency or Company

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 - ·, __ :
::-:

BID NO. 24-006 - %"-W COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
·.G_ENERAL
Summary
-.. _.- .·
This section applies to asphalt contained in materials for pavement structural sections and pavement ~urface treatm~nts s_uch as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic -_-emulsions,· bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 pen~ent higher or lower than the price index at the time of contract. - The California Statewide Crude Oil Price Index is determined each month on or about the last _ business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista; · - . HuntinQton Beach; and Midway Sunset fields. -
lfa company discontinues posting its prices for a field, Cal trans determines the index from the •- 'ferJ:l(3ining posted prices. Caltrans may include additional fields to determine the index. · ·· For the- California Statewide Crude Oil Price Index, go to: - http:llwww.dot.ca.gov/hq/construclcrudeoilindex/
_ ·_ ·lfthe,ac;Jju~tment is a decrease in payment, the County deducts the amount from the monthly - pfqgre~s ·payment. · - ' ~ • ·/: •• > ·.- • • -
·.---ASPHALT QUANTITIES .. .. ',-=,.,.·,,-
. . General
-_ - c -I riterpr~ttheJerm "ton" as "tonne~ for projects using metric units . . ···· ... .--:· . -···----· .. -· .. '.. ·.· .:. ·-.. . .. . ... , . -· . 't~~*·:Mi~(A$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
-- Page 18 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 :--, ... ·. . ~-
BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$phalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa /(100 + Xaa)]
where:

Xaa=Xta-[(1 00-Xnew) x (Xra/1 00)]
and
. Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula · Xra = asphalt content of RAP expressed as percentage
· As.phaltic Emulsion
· The. Engineet calculates the quantity of asphalt in asphaltic emulsions, including fog . ·. seaJs andctack coat, ~sing the. following formula: ;. :I .· . '·', - . ' Qe =AETT x (Xef:100)
· W.here:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted ~sphaltic emulsior)s.total tons placed · · Xe = rf!iriim~um perCent: re~idue specified in Section 94, "Asphaltic Emulsions." ofthe · · • · Stan9,arcilc$P~~ific~tions b!=!Se~ on the type of emulsiqn used · .. , . :· . ' ', . . . · .. ,- .. : . . . ~ . . . . .. ·: · .. - ·. . . - - ' . . · :.:·Qth.~r'M~~e~,~~~ . . . . .- . .

F,or .other mat$r,ipl~ cor)taihing~agp~alt not 90vered above, the Engineer determines the quan.tity of aspfl;;~If(Qo). _ - . . · ... - . . . .. .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ·· .. ,~ _;_ .. ·- .... -··
BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the . price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
. .
... Qt =: Sum of all quantities of asphalt-contained materials in pavement structural ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe +. Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in· the work rounded to the nearest $0.01. ·
For ~S Customary projects, use:
.. ·A= [(lullb)- 1 .05] X lbx [1 + (T /100)] for an increase in the crude oil price index exce.eding 5 percent
·A= [(lullb).;. 0.95] x lb x [1 + (T /100)] for a decrease in the crude oil price index. · ·ex~eeding 5 percent
Fpr: metric .projects, use:
.·A = 1.1 p23 x [(lu lib)- 1.05] x lb x [1 + (T /1 00)] for an increase in the cru~e . qi[pric~: index :exceeding 5 ·percent · ·
·: A= .1.1 023 ~-[(Ill lib)~ Cf95] x IQ x [1 + (T /1 00)] for a decrease in the crude oil .. price· inde)(ex9eeding_ 5 ·percent
·lu=~Califorr)la·$tatewide Crud~.QU PriceJndex for the month in which the quantity of ·. :' ' asphalfsubjectto adjustment was:placed in the work. . ' -lb¥ c·aJiforrtia~$tate..,Jiqe{Cr~aeQil 'Piice lhdex for th'e month hi Which the bid opening for ... -~- --:·tti~:p~Oi~.ct-.·o·cc~rr~-d~ :.· .. -, .· ·:_--.·· -- · _ . · - . · --·; ·. · ·- ,_ T :;: Sales ~nd·u~e t~.x·rate,·expressed as a percent, currently in effect in the tax jurisdiction ·.· . where the. rn~teti?~'!is placed, l(the tax rate in~ormation is not submitted timely, the . ·. . · .• statewide sales and use tax rate is used. in the payment ·adjustment calculations 'until the· tax .;:~te informati6·n is su6mitfeci. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
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CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and d~mage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable~
A. Minimum Scope & Limits of Insurance

1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 2S 03 or 25 04) or the general aggregate limit must be no Jess than . $2,000,000 ..

2. Insurance Services Office. Form Number CA 00 01 covering Automobile ·Liability, (any auto) of no Jess than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate . applies it must be no Jess than $2,000,000.
· 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability ln~urance with limit of no less than $1,000,000 per accident for bodily injury ~r' disease. . . .

B.. Specific Provisions of the Certificate

1. If any of the required insurance is. written on a claims made form, the retroactive datemustbebefore . the date of the contract or the .beginning ofthe contract work and must be rriai.nte~ined and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .

2. . CONTRACTOR must submit endorsements to the General Liability refiecting the following ~' . ." ' . . : . . . . . . . . . . . provisions: . . . . .
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volu'nteers are ~Q be . cciverecl as (Jdditionalinsureds as respects: /iabi/1ty arising ou(ofwor~ or bperatiohs · .peiformed by ~r On behai/ of the Cont;actor including ~aterials,. parts, or equfp;fi{!nt .. · .. · · , ,·jurniiher;J (n.t:onn~~tio_n.wjthsL/.ch work or operation. · .· ··· · ;: ': .... ,· · .. ·'' ,'·" .... "·". ,· . -q~ .· F9r a~y clai~s r(!fqted i:o this project, the CONTRACTOR's insurance cov,erage shall be · . pti'ma,Y'frili:Jrah~e!os resp~cts the couf.rrr, its officers, agents, officials, employeesand lloluriteers. An~insiii-tznce or~elf-insurante maintained by the COUNTY, its officers, ag~nts; . ~iJ;~iti/s, 'er1,piQ~¢~sor volw1t~ers shqllbe ~xcess of the coNTRACTOR's i~surance Cifrdshaii · : noi:'cor#~l6ute V.litli.it. . .·'. . . . . . . ' .·. . . . . . . c. . ~ach irisufarlce phiicy required by thfs agreement shall provide t~at coverage ?hall ... not be canceled, e)(cept with IA!iitten notice to the COUNTY . . ·- ./· ... '~.·'' . . . . . ,. __ .. :. ; :. - d. CONTRACTOR. iu~r/by grant's to COUNTY ci waiver .of any right to s~br;ogation which qny . .. irisuretofthe'CorlrkAcfdR mi:tyacqui'r~ against the CO UNIT by ~idue of the payment t;,j . ~anylass~u~"qe/s~thl~siiriJ-n~~;: tcmiRACrOR agre~s to obtafn ariy end.~rsement thq(~ay . · be necessary tO. ajje~t this waiver o/subroiJation, but this provisionapplies regardle?s: of -Whether or n~t the COUNTY has received a 'waiver of subrogation ehd.orsement from the i~'it/ri!,r. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 . : ';'"· .. ·-
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3. . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRA<;TOR waives all rights against the COUNTY and its officers; agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.

C. Deductibles and Self-Insured Retentions
Deductibles arid Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNTY Risk Manager for approval. . ..

D. Acceptabilitv of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to ~pproval by the County Risk Manager. ·
E. Verification of Coverage
Rey. 12-18
Prior to approval of this Agreement by the COUNTY, the CONTRACTOR shall file with the submitting department, certificates of insurance with original endorsements effecting coverage in a form accept?ble · to the.COUNTY. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il"'!surer. The COUNTY reserVes the right to require certified copies of all required insurance polides at any.· time.

WAIVERS:

I represent and attest that I am a person authorized to make representations on behalf of the CONTRACTOR, and repr.esent the following: · · · · · ·· ·
(MarkX if applicable)
D Automobile Exemption:! certify that does n9t own nor use ~~hides in the,· · perforni~nce ofthe agree111ent for which this insurance requirement isattached. · ~.: .· . . Wor,ke'rs' Compensation Exemption: I certify that is not required to carry· work~rs' CO~lpensation coverage or has filed an exemption with the State pfcalifornia.a~ required .~~ .. . - lacknowle.dge and represent that we have met the insurance requirements listed above.

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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ; ,··
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EXHIBIT D ··.•: ._.·:.
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·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
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--· · · -. · Ttje.ato/ctted·,~~pa~il?~~~~~i()ll·P~!Qs\lre Form. must bt!· coinpl~t~.-~Y a~p1~cafltS·JorJ (,f_'~er~ris .. · · · · .- . whQ arethe:subjecfof,-arivJ:.(~inl:iovoiVing a liCense, permit, or othet.~nfft.l~menffot ~e~:i~c~uding . .. . ::~~--.,iimftolg~theBoard otsupeM~("S!!'inf'lot~.c:oom~:#ft~~ .•... ···IMPORTANT NOTICE
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.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
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1. .A·;.p~edlog;inVolvlng ~a_:licefi$e, permit;;or other ~titlement.fo:r os~"·. indudes ~dt~9,silless, · p~Q~{9nal;·i~t;te a.,d:iand useji~enses and permits,. and al1Qther:el1titlemerits tor~~~i iiiCI~mflg · · ~u: e.!lt~e(ne~~'for_ ~~~~ tis~, '~II contracts (othe~ .:than cp~·P~tiitv~iv: ,~id, labor:-or pel'$#~_al ·. -· ~r,ilploym~nt:~&'rl~ra$), 'an.d aU fra11chises• · ·

2. · YqiJr ~agent'' •iS ~mepne.~ho represents you in c;onnectlon With a pr«eediilg lnvoM~g ~ l!cense; . ,j:)ermi! g_r ot~~j',.~~titJ~·ent ·for• use. If an individual acting as .an ~e;it i$:·a~o _acti~ !h;~i,s or f1er · c~~<:~ ~s,aneniPki:Veeorm:emger of a lcaw. architectural, erigineer1rig, ci;ns1,Jitjng fi~,Qr similar btisine5s-efi~itY. :be)th:the bu51ness:entitV and the individual are ':''agellt.Sf Jo~; p\irpases.o_t these

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.·~r.Ui~" ; " ; . ' ' . . ' - ' •' < ,. . ' .·; '·· • - . r4determine Wllether ~ ~mpaign contribution ofmore than $2So has ~n made t;)yyou,_ . ea'n1paign :~nmi:Ji.iti~n,s.made·IJ.Y you wtthin the preceding 12 montiJS•rnust ~ ~~Cite,d W~h · · t.hbs~ ·~~CI.e ibv· Yi>~t ~'n,t ~witbin· the precedil)g __ 12 mprrths ~r th'e;· peijod: o(the. :~~!ltv:
r~~~~lbnshiR;JNbi~~tijs shQ'rt~r~ 'ContribUtions :made'by yp~r·m~jQ~lty Sh~'re.fl91d¢r':(ij;~~?~ly. ·- .· het~ cc)rp6~tit>r\), your- subContractor(s),. your joint ·ventu,rer(s); ·afld voiJr~~rt,net(s);in :tfiiS:i '· ··-~Ts;:4~=~~;::::;.~~=!tr~~~~~,·•• R~~~~q~:;~.~:e;pqtoaUi:{!~(~~·~ltl)::confrJ~,tJtiQnS to th~ firSt' Boar~~ rnei'nb.~_r b'gt~t:~·~~~~~~4 - ' · _ ~'·t9.~.1i~J::d.i~eit)bet.;o,., ~'!tat County ·officer:wh() may·~rtici~te iny9ur pi'(Jcee~fng~ ·•· · • "•. ', • ~·',_\ ' • ,• •' • •c ••::.:/~}· • z '. _" ; • • • .' "• :•: • .• • • ·' • • ., • •.; • • • ;_,,• • •; ' "•••' • •" • • • -~~;~~~ ~ft,he{pC?,~~~~~R!,rv~o~"~~mbe~ and other Co!J.nW 9ffl~J~Is ~~~~~~d .. ·/·.-·- ·:·· _.:
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·COUNTY Of TULARE
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ·-: .. ~ :. / ~' -~ ~·-.. .

ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's · Actions in Ukraine · - · - ·
.On March .4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 (EO) regarding sanctio~s in . resp~n~e·. to Russian.- aggression in Ukraine. The EO is locat~d at ' ' . · https:Oww.w.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executlve- · order. pdf - · · ·· · · '
The Eb directs all agencies and departments ~hat are subject to the Governor's authgrity to t;:~ke · cert~in -lmm-~diate ·steps>indudingnoti~ing.au co~tractors and granteesottheir oblfga~ions to·_ · .. ·- ¢e>m:plywithexi$ting ~cb.nomic:: ~anc:tions imposed by the U.S. governmenfin respon_~et()_·R.ussiais : . · c · a~tions in ukraine, a~ weu as:anv s~·nctions imposed under stat~ law. . ... ·- -... . . :. . -- ' '. --. -. . . ' ·.. . . . . . . ~· - . - . Thi~_~orreSf'Qttd~f!:c~-s~6;~s,CI~~C!~not!c:e und~t the EOthatas a contrac~or.or gre~ntee1 <:omplicmce · With';th~ ~tb~ornjc s~r\cti6ils im~os~d in response to R~ssia s actions' jn ·_·Ukraine 'ls:.r~ciuirec;l, ·. · ... in't'l~'tJin~rvJit~ tesp~ch:o; ~~th~t nrr;ited' to, the'·federal executive ~rde'fs id~~tifi~d i~-tw~:~o-a~d . -•· •. :. the· . ~~nctions . identified on .. the U.S .... Department . of the . Treast.ny -_. __ · .. website . . • • . ct:lftps:ilt1ome. treasutY:gov tpolicv-issuestfi nan cia.l-sa nctionstsa n ctions-progra ms-a nd~countrv- · · i~fofm~tidn/Okrai~e~r{i~sla~related~s-ar\ctions). ·Failure to comply may result in the termi~~tion~of · ._..;··.-.",·: ~-·.:.::·······;- ._······· ... ·'.~--·,-:, .. ·---.-·_;.::-~ ""t • - . · •• - • · .. -.~·- .contract:~()~ gra.nts,_as ~ppli~able ... - .• ·.. .;-~. ".:. "_.'< .. ;·-. _: _:·~.,; -~--~··· .•. ; • ; ,.,_ ., . ,.·' As a_<remind.et, agreements With the County of Tulare include portions which require 'compli~n'Ce. · ' · wft·h: alllot:al; stat~; and federal laws and directives which includes Executive .Orders such~~ the . . · ··Eb:·ars~~1·~~d·h~r~~tl)~i~o 'm.·av nota·p~ly to ~r effect your agreement::with'.th~ c6u'!1.tYfPI~ase~:­ .. · r~~:th:hi.J?io·o~r depait·n,entin~brder.tbjseek Clarification should you ha\1~ any questiqns. ': . -~· .. _~:-.·.· ": •"_ 'l:"'·•': . . -,.-·~::, ·.---·~- · .... ·;:···. ;· .. - ·. . . _· .·. :·.· ·, . o..'Piea$e. notcf, th~t f6r aMy agreem~nts or grants. valued ·at $S millioh: or .more,- a ~epa~ate .. ndtitJ6atlon\vitl be·~e.nt~~tlinjl'lga.dditio,hal r~q~irehients ~pedfied u_nd~rth~ EO. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . . ·.: ·'
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 Certificate Of Completion
Envelope Id: 830534C757344EC4B698F48C3B0F2073 Status: Completed Subject: 1905 - 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:

Document Pages: 34 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sandra Kinzel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 10:30:47 AM
Holder: Sandra Kinzel
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Jack Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 6/23/2023 10:31:55 AM
Viewed: 6/26/2023 6:56:48 AM
Signed: 6/26/2023 6:57:25 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 6:56:48 AM
ID: 96a06945-de17-45f9-8434-26af5572da0b
Cher Castellini
[email protected]
Purchasing Manager
Carahsoft OBO County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 6/26/2023 6:57:26 AM
Viewed: 6/27/2023 5:43:37 PM
Signed: 6/27/2023 5:43:44 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2023 10:31:55 AM
Certified Delivered Security Checked 6/27/2023 5:43:37 PM Signing Complete Security Checked 6/27/2023 5:43:44 PM
Completed Security Checked 6/27/2023 5:43:44 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: Jack Baker
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO County of Tulare of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

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Item No. 2.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Authorization to Roll Unpaid Utility Accounts to the 2023-2024 Property Tax Rolls
SOURCE: Finance
COMMENT: Municipal Code Chapter 25, Section 8 provides that unpaid water bills may be added to the tax statement for said real property and collected in the same manner as real property taxes. Municipal Code Chapter 13, Section 14 (Article D) and Chapter 25, Section 37 provide that any unpaid charges for sewer rental or solid waste services, together with interest and penalties constitute a lien on the real property involved.

Staff has prepared a draft Resolution for the City Council's consideration, which would authorize the Tulare County Auditor to place the unpaid utility accounts on the property tax rolls.

RECOMMENDATION: That the City Council adopt the draft Resolution authorizing the Tulare County Auditor to place unpaid utility accounts on the 2023-2024 property tax rolls for collection.

ATTACHMENTS: 1. Draft Resolution

2. Exhibit A - Unpaid Utilities

3. Municipal Code - Chapter 13, Section 14

4. Municipal Code - Chapter 25, Section 8

5. Municipal Code - Chapter 25, Section 37
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE ORDERING THE PLACEMENT OF SPECIAL ASSESSMENT LIENS ON THE TULARE COUNTY TAX ROLLS FOR FISCAL YEAR 2023-2024 WHEREAS: The City of Porterville Municipal Code Section 13-14, Garbage and Refuse – Charges for Collection; Time and Manner of Payment, provides that the amount required to be paid, together with interest and penalty, constitutes a lien on all real property; and WHEREAS: The City of Porterville Municipal Code Section 25-37, Collection of Sewer Rental; Charges to be Lien, provides that any unpaid charge for sewer rental or sewer rental penalties or interest may be placed as a lien on the real property involved; and WHEREAS: The City of Porterville Municipal Code Section 25-8, Guarantee of Payment of Water Bills by Property Owners, provides that unpaid water bills may be a lien on said property and the amount of said unpaid water bill may be added to the tax statement for said real property and collected in the same manner as real property taxes; and WHEREAS: The Porterville City Council, having duly received and considered evidence and documentation concerning the delinquent accounts proposed to be placed on the Fiscal Year 2023-2024 County Tax Rolls concerning the necessity for the placement of the contemplated tax liens;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve and order the submittal of the following liens, attached hereto as Exhibit “A” to the Tulare County Auditor for placement on the property tax rolls for collection.

PASSED, APPROVED AND ADOPTED this 1st day of August, 2023 ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Exhibit A
Assessment
Assessee Property Address Parcel Number Amount
FRANCIS CEBALLOS 15479 ROAD 223 1 240-081-002 1,817 $
JACQUELINE SANCHEZ 15493 ROAD 223 2 240-081-004 280
ROBERT COSTANZO 2441 W MONACHE LN 3 240-230-019 165
BERENICEE SANCHEZ 933 N CREEKVIEW ST 4 240-280-028 746
DANA LOPEZ 875 N CREEKVIEW ST 5 240-330-014 1,683
TULARE PVI LLC 2103 N MAIN ST 6 243-180-008 1,872
TULARE PVI LLC 850 W NORTH GRAND AVE 7 243-190-024 994
JOSE RAMIREZ-VILLALO 1877 N MASTON ST 8 243-203-002 187 BRITTANI L CADENHEAD 1190 W NORTH GRAND AVE 9 243-203-015 866 RAMIRO GUDINO 1134 W NORTH GRAND AVE 10 243-204-010 336 PATRICIA BETANCOURT 1720 N WILSON PL 11 243-230-034 237 JONATHAN P GONZALES 1455 W REID AVE 12 243-280-042 856
MATTHEW SCHOTT 985 N SILVER MAPLE ST 13 245-030-011 682 KATHY GOODWIN 1730 W KANAI AVE 14 245-212-004 251
VELIA MONCIBAIZ 560 N DELTA ST 15 245-323-002 1,367
ROSENDO RAZON 2312 W KANAI AVE 16 245-324-019 123
JOSE A ZAVALA 661 N WELLINGTON ST 17 245-372-004 1,114
VICTOR A PEREZ JR 2112 W CHERYLL CT 18 245-460-019 72
ADOLIO BARRIENTOS 1286 N MATHEW ST 19 245-470-050 155
RON S FURR 1471 N SALISBURY ST 20 245-540-037 184
VANESSA MACIAS 1451 N LOWERY ST 21 246-153-031 174
ALBERTA WHITE 1440 W SAN LUCIA AVE 22 246-190-016 120
MARGARITO CERCAS 895 W WESTFIELD AVE 23 246-200-028 639 JONATHAN TAPIA 901 W JULIEANN AVE B 24 246-210-026 72
SUSAN METZGER 1506-1512 N COBB ST 25 246-250-013 1,475
DEZIRAE GONZALEZ 1341 W JEAN AVE 26 246-273-004 287
DONNA R DAVIS 1056 N BEVERLY ST 27 246-280-037 941
GRACIELA SALINAS 1311 N VILLA ST 28 247-022-009 237
MELISSA WALSH 1261 N LIME ST 29 247-110-011 295
RAMON AMBRIZ JR 950 N WOODS ST 30 247-220-012 390
SHANE FISHER 890 N LIME ST 31 248-031-027 161
RUBEN CASTILLO 291 N MASTON ST 32 251-232-001 1,164
JOSE CORTEZ 234 N MASTON ST 33 251-233-013 498
RODRIGO GONZALEZ 308 N LOWERY ST 34 251-252-020 182
JESUS AGUILAR 360 N WESTSIDE ST 35 251-253-001 199
DANIEL E MENDEZ 249 N WESTSIDE ST 36 251-262-011 210
OSCAR GARCIA 125 N WAUKESHA ST 37 251-271-018 117
MARIA ZENDEJAS-ALVARA 1203 W TOMAH AVE 38 251-282-003 1,509 VICTOR CEBALLOS 657 N VILLAGE GREEN ST 39 252-031-009 168 LUCAS RESURRECCION 614 W DEXTER AVE 40 252-042-012 860
MICHAEL LUNSFORD 587 N LIHU ST 41 252-102-004 260
MARVIN ARESIO ESLAVA 342 W RUMA RANCHO AVE 42 252-120-030 595 ANA LETICIA CARRANZA SANCHE 714 N G ST 43 252-120-066 193 RAMON BRAVO 87 W LAUREL AVE 44 252-130-023 433

CITY OF PORTERVILLE

UNPAID UTILITIES
FY2023-2024 Tax Roll
Exhibit A
Assessment
Assessee Property Address Parcel Number Amount
VIRGEN BEATRICE CRESPO 67 N H ST 45 252-212-012 977
CHERYL CHAMBERS 331 N CONLEY ST 46 252-253-017 454
CHERYL CHAMBERS 323 N CONLEY ST 47 252-253-018 454
BELVAGEAN MULLICAN 727 W MORTON AVE 48 252-321-017 1,082 BEATRIZ CAMBEROS 34 W SCHOOL AVE 49 253-011-012 410
ANNA MARTINEZ 56 W SCHOOL AVE 50 253-011-015 463
ABEL DAVILA 461 N THIRD ST 51 253-014-013 2,181
JOVITA LIMON 301 N BAKER ST 52 253-144-005 354
CHRISTOPHER WEBB 380 E PUTNAM AVE 53 253-145-010 520
JERRY B ELKINS 157 N MURRY ST 54 253-155-008 423
E. WILLIAMS & SONS ENT. INC. 109 N MAIN ST 109-111 55 253-171-013 470 CHRISTOPHER WEBB 333-335 N THIRD ST 56 253-206-006 738
SPIN CITY PORTERVILLE 334 N MAIN ST 57 253-207-009 13,669 MIREYA A SUAREZ 870 E THURMAN AVE 58 254-071-011 489
LUIS CARRANZA LEYVA 968 E THURMAN AVE 59 254-071-022 72 GWENDOLYN GREENE 846 E PUTNAM AVE 60 254-073-041 536
JORGE CEBALLOS 241 N RUTH ST 61 254-081-003 598
MARICELA NIEBLAS 1192 E JASMINE SOUTH 62 254-110-022 1,033 JANET STAILEY 357 N CONNER ST 63 254-140-008 234
ROBERT SORIA RAMIREZ 629 N SOUTH PL 64 254-150-003 1,134 MARTIN ZAMORA 1878 W UNION LN 65 259-200-075 369
ALFONSO SANDOVAL 870 W MC INTIRE AVE 66 259-250-010 875 MARIBELL O GONZALEZ 906 W JORDAN AVE 67 259-260-044 290 SERGIO FERNANDEZ-VALDE 435 S ATKINS ST 68 259-300-054 358 ANDRES GARCIA 495 S BELMONT ST 69 259-410-014 370
ANNETTE TURNER 696 S OAK VIEW ST 70 260-072-001 439
PHILLIP ROBINSON 258 S OHIO ST 71 260-102-014 489
JOSHUA FIDEL GUTIERREZ 188 SOUTH H ST 72 260-183-012 794 MAGDALENA BERMUDEZ 281 S H ST 73 260-187-007 664
SHARLYNN DENNEY 140 S KESSING ST 74 260-196-006 215
THE PRESS SHOP 12 W OLIVE AVE 75 261-121-009 269
TONY TRUJILLO JR 210 E RIO VISTA AVE 76 261-321-025 733 CARLOS CARRANZA 191 E RIO VISTA AVE 77 261-322-023 276
TIBURCIA URBINA 281 E RIO VISTA AVE 78 261-322-056 646
JOSE TAPIA 894 E ORANGE AVE 79 262-021-014 67
CHRISTOPER MITCHELL 887 E ISHAM AVE 80 262-034-003 1,004 SERGIO TAPIA 862 E POPLAR AVE 81 262-240-082 802
RAY STEPHEN PRICE 818 S CRYSTAL ST A 82 268-021-002 110 JESUS ZEPEDA 955 S WISCONSIN ST 83 268-080-030 669
LAURA TUCKER 1047 S WISCONSIN ST 84 268-090-005 694
JOHN SHRY 921 S COTTAGE ST 85 269-010-005 329
ERIKA Y PADILLA-ESPARZA 956 S INDIANA ST 86 269-010-022 121 NOEMI E GUTIERREZ PINED 897 S CHESS TERRACE 87 269-022-009 65 SHAWN RAMIREZ 705 W STACIE AVE 88 269-150-007 2,342
Total amount of assessments $ 64,447.00
Total number of assessments 88
13-14: CHARGES FOR COLLECTION; TIME AND MANNER OF PAYMENT:

A. Fees and charges for the collection and disposal of solid waste collection by the city will be fixed by resolution of the city council.

B. Solid waste collection charges shall be included in the regular city utility bill to customers who also have city water service. When the solid waste customer does not have city water service, a separate bill for solid waste service shall be mailed to the customer who owns or controls the premises serviced.

C. All charges for solid waste service included on utility bills, or if not a part of the city utility bill, shall be due and payable at the same time as other utility charges. If a bill for solid waste is not paid within thirty (30) days after billing date, a charge of ten percent (10%) as a penalty for said delinquency shall be made and added to the amount and become a part of said delinquent utility bill; and the city may discontinue all city utility service to the premises if the bill should remain delinquent on the forty fifth day after billing.

D. All solid waste service charges are the responsibility of the customer whose name appears on the utility billing for the service. If unpaid by the customer billed who controls the premises, they shall be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of such charges and the name and address of the customer liable therefor. From the time of recordation of the certificate, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the customer or afterwards, and before the lien expires, acquired by him. The lien has the force, priority, and effect of and shall be regarded as a judgment lien, which may be extended, if unpaid, by the recording of a renewal certificate before the expiration of ten (10) years of the previously recorded certificate. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002; Ord. 1890, 3-1-2022) 25-8: GUARANTEE OF PAYMENT OF WATER BILLS BY PROPERTY OWNERS; AUTHORIZED GENERALLY; LIEN:

The owners of any property where water is furnished by the city may assume responsibility for the payment of such water by filing with the water department a written acceptance of such responsibility in a form approved by the city attorney, guaranteeing payment of all water bills accruing against such property or utilized by consumers on such property. The writing shall provide that unpaid water bills may be a lien on said property and the amount of said unpaid water bill may be added to the tax statement for said real property and collected in the same manner as real property taxes. (Ord. Code § 3543; Ord. 845 § A, 11-16-1965)
25-37: COLLECTION OF SEWER RENTALS; PENALTIES; DISCONTINUANCE OF WATER SERVICE FOR NONPAYMENT; CHARGES TO BE LIEN:

Charges for sewer rentals shall be included with the water bill and if the charge for sewer rental shall remain unpaid at the due date for the payment of water bills, there shall be added to the sewer rental charge the same penalties and interest as are required for delinquencies or nonpayment of water bills. Water services may be discontinued for nonpayment of the charge for sewer rental or sewer rental penalties and interest, and any unpaid charge for sewer rental or sewer rental penalties or interest may be placed as a lien on the real property involved. (Ord. Code § 3635.1) Item No. 3.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Acceptance of the Selective Traffic Enforcement Program (STEP) Grant SOURCE: Police
COMMENT:

In April 2023, the Porterville Police Department submitted a grant proposal/application to the California Office of Traffic Safety (OTS) requesting funding for personnel costs (overtime) associated with the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the persons killed or injured in vehicle crashes involving alcohol, speed, red light violations, and other recurring primary collision factors within the city.

On July 14, 2023, the Department received notification from OTS that funding in the amount of $100,000 had been approved for the City's STEP program. The funding will cover personnel costs (overtime) associated with multiple DUI/License check points, special saturation patrols, and targeted enforcement of areas of repeated traffic collisions, and for the purchase of specialized equipment for police units that target individuals speeding in high collision areas.

The proposed grant will fund the STEP program for the period from October 1, 2023, through September 30, 2024.

RECOMMENDATION:

That the City Council accept the STEP Grant from the California Office of Traffic Safety in the amount of $100,000.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Item No. 4.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Joint Funding Agreement with Burton School District for a School Resource Officer
SOURCE: Police
COMMENT: The Porterville Police Department currently has one Officer assigned as a School Resource Officer to the Burton School District. During school hours, this Officer responds to reports of criminal activity at all Burton school sites. In addition, this Officer provides requested security for after-school functions throughout the school year, which is paid separately from the Joint Funding Agreement. Burton has shared in the funding of one School Resource Officer and has agreed to renew the 2023-2024 Joint Funding Agreement in which they share costs.

The estimated salary and benefit cost for a School Resource Officer during the term of the 2023-2024 school year is $110,000. Burton has agreed to pay sixtyfive percent (65%) of the salary and benefits of one School Resource Officer.

Based on the formula above, for this term, the City shall contribute an estimated $51,000 for one School Resource Officer position assigned to Burton. This represents thirty-five percent (35%) of the estimated salary and benefits costs for one School Resource Officer, as well as an additional $12,500 in estimated ancillary costs. Burton will contribute up to $71,500 for the one School Resource Officer, which represents sixty-five percent (65%) of salary and benefits costs for the School Resource Officer.

This School Resource Officer will generally be assigned to the Burton School District, generally responsible for the one high school and the respective feeder schools. This assignment will not preclude the ability of the Officer to respond to other areas as needed. Department staff is requesting City Council approval to enter into an agreement to continue the School Resource Officer program with the Burton School District.

RECOMMENDATION: That the City Council:

1. Approve the draft Agreement for Joint Funding for a School Resource Officer at Burton School District for the period of July 1, 2023, through June 30, 2024; and

2. Authorize the Chief of Police to execute the Agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. Draft Joint Funding Cooperative Agreement Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Joint Funding Agreement with Porterville Unified School District for School Resource Officers
SOURCE: Police
COMMENT: The Porterville Police Department currently has three Officers assigned as School Resource Officers to Porterville Unified School District (PUSD).

During school hours, these Officers respond to reports of criminal activity at all PUSD school sites within the city of Porterville. In addition, these Officers provide requested security for after-school functions throughout the school year, which is paid separately from the Joint Funding Agreement. PUSD has shared in the funding of three School Resource Officers, and has agreed to renew the 2023-2024 Joint Funding Agreement in which they share costs.

The estimated salary and benefit cost for a School Resource Officer during the term of the 2023-2024 school year is $110,000. Porterville Unified School District has agreed to pay sixty-five percent (65%) of the salary and benefits for three School Resource Officers. Based on the formula above, for this term, the City shall contribute an estimated $153,500 for three School Resource Officer positions assigned to PUSD. This represents thirty-five percent (35%) of the estimated salary and benefits costs for three School Resource Officers, as well as an additional $38,000 in estimated ancillary costs. PUSD will contribute up to $214,500 for the three School Resource Officers, which represents sixty-five percent (65%) of salary and benefits costs for the School Resource Officers.

These three School Resource Officers will generally be assigned to PUSD, with each Officer generally responsible for one of the three major high schools and respective feeder schools. These assignments will not preclude the ability of each Officer to respond to other areas as needed. Department staff is requesting City Council approval to enter into an agreement to continue the School Resource Officer program with PUSD.

RECOMMENDATION: That the City Council:

1. Approve the draft Agreement for Joint Funding for School Resource Officers at PUSD for the period of July 1, 2023, through June 30, 2024; and

2. Authorize the Chief of Police to execute the Agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. Draft Joint Funding Cooperative Agreement Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

Item No. 6.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Consideration of Termination of Youth Experiencing Success (YES) Program Agreement with Porterville Unified School District
SOURCE: Administrative Services
COMMENT: For more than the past twenty years, the City and the Porterville Unified School District ("PUSD"), collectively, ("the parties") have worked collaboratively to provide an after-school learning program that promotes educational and enrichment opportunities for youth in the community. Over the course of this relationship, changes have been made to the program and staffing as funding sources impacting the program have shifted. This shift has been most evident in the past five years, wherein funding allocations received by PUSD have increased, thereby allowing greater flexibility and options from PUSD's perspective.

While the partnership served a community-driven purpose when options for providers were limited, present-day provides greater flexibility in terms of available partners for the provision of services. One such option for PUSD is the California Teaching Fellows Foundation, a non-profit that serves as an incubator for teachers, providing on-site experience and professional development through supporting afterschool enrichment programs, such as the YES Program.

Given the current funding allocations and needs of PUSD, the parties are in agreement that the partnership has served its purpose in supporting Porterville's youth and that from a practical standpoint, the California Teaching Fellows Foundation is better positioned to provide the services, and thus termination of the existing agreement is of mutual benefit at this time. PUSD has committed to hiring all current City employees currently working in the YES Program.

Further, the parties have agreed to work collaboratively so that the provision of services and employee transfers is seamless.

RECOMMENDATION: That the City Council:

1. Approve the Termination Agreement between the City of Porterville and Porterville Unified School District regarding the Youth Experiencing Success (YES) Program; and

2. Authorize the City Attorney to make any revisions as deemed appropriate.

ATTACHMENTS: 1. Draft Termination Agreement
Item No. 6.

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Draft
1 TERMINATION AGREEMENT
This Termination Agreement (TERMINATION AGREEMENT) is entered into between the City of Porterville (CITY) and the Porterville Unified School District (PUSD) for the termination of the Youth Experiencing Success (YES) after school Program. The CITY and PUSD hereinafter may be referred to collectively as the "Parties" or in the singular as "Party," as the context requires.

RECITALS
WHEREAS, on or about May 28, 2021, the Parties entered into an agreement (ORIGINAL AGREEMENT) for the implementation of the Youth Experiencing Success (YES) after school Program (YES Program), for an initial term of three (3) years, from July 1st, 2021 through June 30th 2024; and WHEREAS, the Parties have mutually agreed to terminate the ORIGINAL AGREEMENT and discontinue the YES Program, pursuant to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual commitments contained herein, the Parties hereby agree as follows:

TERMINATION

1.1 Except as set forth hereunder, the ORIGINAL AGREEMENT shall be terminated effective June 30, 2023, and shall have no further force or effect.

1.2 All equipment and related supplies acquired or contributed by either Party for the purposes of the YES Program shall be returned to the respective Party who originally provided the equipment and supplies.

SHARING OF PERSONNEL DATA

2.1 In relation to the termination of the YES Program and the ORIGINAL AGREEMENT, the CITY shall share certain allowable personnel data with PUSD for purposes of providing existing CITY employees with employment opportunities in a similar educational program offered by PUSD through contracted services.

2.2 The shared CITY personnel data shall include, but not be limited to, employee fingerprinting records, tuberculosis test results, and monitoring of existing and ongoing workers' compensation claims.

2.3 The sharing of CITY personnel data shall be done in accordance with applicable privacy laws and regulations.

2.4 PUSD agrees to reimburse the CITY for any reasonable costs incurred in sharing the personnel data as outlined in this section and this TERMINATION AGREEMENT. including the reimbursement of outstanding workers’ compensation claims not to exceed five (5) years from the Termination Date.

Draft
2 EFFECT OF TERMINATION

3.1 Except as expressly set forth hereunder, the CITY and PUSD shall have no further rights, obligations, or liabilities towards each other with respect to the YES Program or the ORIGINAL AGREEMENT, except as otherwise expressly provided in this TERMINATION AGREEMENT or as required by applicable law.

3.2 Pursuant to the terms of the ORIGINAL AGREEMENT, PUSD was required to reimburse CITY for any and all Workers Compensation claims costs for all Operational Personnel, as well as all costs associated with CalPERS contributions for those Operational Personnel who were also PUSD employees enrolled in CalPERS. PUSD’s obligations as set forth in the ORIGINAL AGREEMENT, shall continue beyond the ORIGINAL AGREEMENT’s effective termination date, concerning all such costs incurred by the CITY for claims and/or operations occurring during the term and prior to the termination of the ORIGINAL AGREEMENT.

3.23 Any pending matters, outstanding invoices, or unresolved issues relating to the YES Program or the ORIGINAL AGREEMENT as of the Termination Date shall be addressed and resolved by the Parties in good faith during a transitional period of July 1st, 2023 through September 30th, 2023.

3.34 Upon the completion of the Transitional Period, all financial accounts, records, and documents pertaining to the YES Program and the ORIGINAL AGREEMENT shall be finalized and closed.

CONFIDENTIALITY

4.1 Notwithstanding termination of the ORIGINAL AGREEMENT, both Parties agree to maintain the confidentiality of any confidential information obtained during the course of their collaboration in the YES Program. Such obligations of confidentiality shall survive the termination of the ORIGINAL AGREEMENT.

ENTIRE AGREEMENT

5.1 This TERMINATION AGREEMENT constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, understandings, or representations relating to the termination of the YES Program or the ORIGINAL AGREEMENT.

5.2 Any modifications or amendments to this TERMINATION AGREEMENT must be made in writing and signed by authorized representatives of both Parties.

MISCELLANEOUS

6.1 This TERMINATION AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Tulare, subject to a motion for transfer of venue.

Draft
3 6.2 The Parties to this TERMINATION AGREEMENT shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this TERMINATION AGREEMENT.

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

6.4 The persons signing this TERMINATION AGREEMENT warrant that they are legally authorized to do so on behalf of the respective Parties, and by their signatures to bind the respective Parties to this TERMINATION AGREEMENT.

IN WITNESS WHEREOF, the undersigned, duly authorized representatives of the CITY OF PORTERVILLE and the PORTERVILLE UNIFIED SCHOOL DISTRICT, have executed this TERMINATION AGREEMENT as of the date first written below.

CITY OF PORTERVILLE PORTERVILLE UNIFIED SCHOOL DISTRICT:

Signature:_______________________________ Signature:_______________________________ Printed Name:___________________________ Printed Name:___________________________ Title:___________________________________ Title:___________________________________ Date:___________________________________ Date: __________________________________ Item No. 7.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: International Association of Crime Analyst Training in Grapevine, Texas SOURCE: Police
COMMENT: The International Association of Crime Analysts (IACA) Training Conference presents the finest crime analysis training available each year at a conference held at different locations. This year, the City of Grapevine, Texas was chosen as the location for the IACA Conference.

On average, there are over 600 attendees from local, state and federal agencies, along with out-of-state and international attendees. The conference offers six concurrent training tracks throughout the week, which provides a vast array of knowledge for all skills and ability levels. This year’s event will host several general sessions, with topics including Crime and Intelligence Analysis, RealWorld Case Studies, Investigative and Analytical Techniques, Statistical Analysis, Hands-On Computer Training, and more.

In addition to receiving the invaluable training, attendees are also able to view new products relevant to the law enforcement community at the exhibitor expo, as well as network with other attendees.

Melinda Rios is the Porterville Police Department’s Crime Analyst and has been awarded a scholarship from the U.S. Department of Justice - Bureau of Justice Assistance. This scholarship encompasses all expenses regarding this training, including airfare, hotel accommodations, tuition, per diem for all meals, and a rental vehicle.

Pursuant to City policy, out-of-state travel by staff requires City Council approval. The Police Department is seeking approval to allow Crime Analyst Rios to attend the IACA Conference, which is scheduled to take place from August 28th-September 1st, 2023.

RECOMMENDATION: That the City Council approve the out-of-state travel for Melinda Rios to attend the International Association of Crime Analysts Training Conference in Grapevine, Texas.

ATTACHMENTS: 1. 2023 IACA Training Conference Flyer
Appropriated/Funded:

Review By:

Item No. 7.

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Conference Dates/Times:

Monday, August 28, 2023 to Friday, September 1, 2023
(Friday is a half-day)
Sessions mostly occur from 0800—1700 hours
Hotel
Gaylord Texan Resort
1501 Gaylord Trail, Grapevine, TX 76051
The Gaylord Texan Resort Official Site
Airports
(DFW) Dallas/Fort Worth , 10 min, 4 miles
(DAL) Dallas Love Field, 30 min, 20 miles

REGISTRATION COSTS
IACA Members: $575.00
Non-Members: $675.00
Full-Time Student: $150
(proof of full-time status required)
REGISTRATION OPENING SOON!
Cancellation Policy:

All conference registration cancellations must be submitted in writing to the [email protected] on, or prior to, Wednesday, July 26, 2023, for a full refund. Please check the full policy on the IACA Conference Page here.

Item No. 8.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Approval of Community Civic Event - Porterville Breakfast Rotary - Run for Life - September 9, 2023
SOURCE: Finance
COMMENT: The Porterville Breakfast Rotary is requesting approval of the "Run for Life" event on Saturday, September 9, 2023 beginning at 8:00 AM. The event is a 5k Run / Walk and will take place at Granite Hills High School. The sponsor is requesting the use of the surrounding streets and sidewalks, including portions of Putnam Avenue, Olive Avenue, Crestview Street, Morton Avenue, Conner Street, and Tulsa Street.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the ordinance regulations and reviewed by all City departments involved. The requirements and restrictions are contained in the attached Application and Agreement, Exhibit A and Exhbit B.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville Breakfast Rotary to hold the "Run for Life" event on September 9, 2023, subject to the requirements and restrictions 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: Patrice Hildreth, Deputy City Manager

Item No. 9.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Approval of Reorganization within the Police Department SOURCE: Police
COMMENT: The Police Department continues to seek ways in which to increase efficiencies in order to most expeditiously deliver police services and provide the best public safety to its residents. The Police Department has historically been able to meet the ever-changing demands of public safety by adeptly identifying challenges and solutions as they arise.

The Chief of Police and command staff continually evaluate the structure of the Police Department in efforts to further identify potential changes that will enhance overall Department efficiency, assist with span of control, and provide the best quality of service to the city and its residents. This includes evaluating the current structure of the Department, the growth of the Department, and the growth of the city. As it relates to increased oversight of line-level supervisors, uniformed patrol, Detectives, animal control, and records personnel, it has been determined that the establishment of new structural command and reorganization within the Department is needed for maximum efficiency, to assist with the span of control of employees, and assist with operational duties and departmental oversight.

When looking at this proposed departmental reorganization, many options were considered, which included adding new positions at the command level to reallocating existing personnel. In all the options, considered were budget impacts, staffing impacts, and how it might affect other departments within the City.

To this end, staff herein presents a proposed reorganization of the Police Department. The proposed reorganization of the Department would formalize a new division, which would be the “Administrative Services Division." Historically, the functions have been designated under the current system of the Investigations/Services Division. As this current Division grows, investigations have grown and time-consuming cases have developed, which has shown the need to bifurcate the Division and allocate some of these collateral duties. This would leave both the Patrol Division and the Investigations Division operating as independent divisions, increasing productivity, time management, increasing supervision, mid-level management, and command effectiveness. The newly proposed Administrative Services Division would be responsible for the following duties:
• Professional Standards and Training Unit (Internal Affairs, Training, Item No. 9.

Education, pre-employment)
• Crime Prevention/Juvenile Diversion Unit
• Communications Unit
• Police Volunteer Unit
• Evidence/Crime Scene Unit
• Records Unit
• Police Crime Analyst
• Departmental Vehicle Fleet
• Departmental Grants
• Departmental Audits
• Departmental Property/Firearms
• Senate Bill 2 requirements
• Assembly Bill 481 requirements
• Assembly Bill 1421/391 requirements
• Officer/police personnel Wellness and Peer Support Unit • Workers Compensations claims/4850 Personnel/Military Leave • Special Projects
With regard to staffing, it is proposed that the City Council authorize the creation of a new classification to command the Administrative Services Division: Assistant Chief of Police. To assist in funding this new position, it is proposed that the reallocation of salary from a vacant Community Service Officer position within the Crime Prevention Unit, which is approximately $52,860, not including the benefits package. With current changes in California juvenile laws and the reduction of prosecutable juvenile crimes, there is a need to reallocate this funding toward departmental oversight. This would leave the same staffing levels in the Crime Prevention Unit with current staffing as a Police Corporal and a Community Service Officer in the Crime Prevention/Juvenile Diversion Unit.

As part of the reorganization, command staff looked at all units within the Department. Needed line-level supervision was identified in the Records Unit, given personnel have increased over the past nine years, prompting the need for a Senior Records Clerk. The City’s Position Pay Plan already has an allocated Senior Records Clerk for the Police Department, which has gone unfunded for many years. It is proposed one Records Clerk position funding be reallocated to support the hiring of a Senior Records Clerk. This will create line-level supervision for the Records Unit, which will in turn provide direct oversight and efficiency for this important Unit.

Finally, during this evaluation of reorganization, staff studied the Police Department's Public Safety Information Technology (IT) Analyst position.

Although the Department continues to need full-time and ongoing IT support daily, the supervisory/management structure of this position should be reevaluated. In ongoing meetings with the Finance Director and the IT Manager, it is proposed the direct supervisory responsibility should fall under the IT Manager.

The City's IT Division in the Finance Department is a broad category covering Item No. 9.
functions including all City building communications networks, and most of all safeguarding secured data and information from outside sources, which could compromise City IT platforms if breached. IT troubleshooting computers, telecommunications, and technological platforms, is a precise area of expertise.

It is proposed that during this reorganization of the Police Department, the IT Public Safety Analyst will still be assigned in a full-time capacity at the Police Department, but the funding for the position be redirected to the IT Division and the Public Safety IT Analyst will fall directly under the supervision of the IT Manager. This will create a direct line of supervision for the Public Safety IT Analyst from an IT manager with the expertise and industry knowledge of best practices in information technology.

The proposed changes are as follows:

1. New Classification: Assistant Chief of Police.

In order to increase efficiency and responsiveness in the execution of the Police Department’s service of public safety, the Assistant Chief of Police would command the new Administrative Services Division and report directly to the Chief of Police. It is proposed that this at-will classification be established at Salary Range 268 ($9,483 - $11,573) and the reallocation of funding from one Community Service Officer be redirected to the Assistant Chief of Police position. This position would be unrepresented for bargaining purposes.

2. Allocate: Senior Records Clerk:

It is proposed that the existing classification of Senior Records Clerk be funded and the reallocation of funding from one Records Clerk be redirected to the Senior Records Clerk position. Allocate funding for Senior Records Clerk, at Salary Range 164 ($3,367 - $4,109). This position would report directly to a Police Lieutenant, create line-level supervision, provide direct oversight, and be in the Public Safety Support Unit for the purpose of bargaining purposes.

3. Reallocate: Public Safety IT Analyst
Propose the Police Department’s Public Safety IT Analyst funding be reallocated to the City’s IT Division. Assign the Public Safety IT to the Police Department for IT projects, but direct supervision to fall under the purview of the IT Manager. This position would report directly to the IT Manager but remain in the Public Safety Support Unit for the purpose of bargaining purposes.

RECOMMENDATION: That the City Council:

1. Approve the reorganization of the Porterville Police Department to form a new “Administrative Services Division” within the Department;

2. Approve the establishment of a new Assistant Chief of Police classification at Salary Range 268 ($9,483 - $11,573) and the unallocation of one Community Service Officer position at Salary Range 171 ($3,610 - $4,405);

3. Approve the allocation of one Senior Records Clerk
Item No. 9.
classification at Salary Range 164 ($3,367 - $4,109) and the unallocation of one Records Clerk at Salary Range 159 ($3,141 - $3,832);

4. Approve the reallocation of funding of one Public Safety Information Technology Analyst at Salary Range 205 ($5,014 - $6,119) to the City’s Information Technology Department; and

5. Authorize Human Resources and Finance Department staff to amend such documents as may be necessary to effectuate such proposed changes.

ATTACHMENTS: 1. Position Description: Assistant Chief of Police

2. Position Description: Senior Records Clerk

3. Position Description: Public Safety Information Technology Analyst I
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

ASSISTANT CHIEF OF POLICE

DEFINITION
Under general direction by the Chief of Police, plans, organizes, and directs the City’s law enforcement services; performs related duties as required. Act as department head in the absence of Chief of Police.

DISTINGUISHING CHARACTERISTICS
This position serves as a member of the City’s management team. The employee in this position works under the direction, and is appointed by Chief of Police. This class is distinguished from the Chief of Police by its emphasis on providing hands-on administrative departmental direction, whereas the Chief of Police provides strategic, and long-term planning extending beyond the scope of departmental administration.

REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by employees of this class.

An employee may not be assigned all duties listed and may assigned duties which are not listed below. Marginal duties are those which are least likely essential functions for any single position.

1. Assist the Chief of Police in development of plans, organizes, coordinates, and directs the maintenance of law and order for the protection of life and property, the regulation of traffic, and the apprehension, arrest, and detention of violators and alleged violators of the law.

2. Analyzes operational/investigative/administrative demands and devises plans to meet needs; confers with legal advisors, citizens, and City officials on law enforcement issues; assists in development municipal law enforcement policies.

3. Meets and consults with management staff, the public, legal advisors, and representatives of other governmental agencies; speaks before and/or makes presentation to City Council, other governmental agencies, and a variety of civic organizations at direction of the Chief of Police.

4. Coordinates day to day municipal law enforcement activities with those of other agencies; attends conferences and workshops in order to maintain currency of law enforcement services and keep abreast of new developments in the field.

5. Assists in selecting personnel and enforces discipline and training regulations; conducts and/or participates in disciplinary hearing; develops promotional processes; directs the assignments of personnel and equipment, as well as help development and execution of training of programs with the Professional Standards and Training Unit.

6. Supervises the conduct of special studies and projects; assist in preparation of comprehensive reports; advises Chief of Police of department activities; assists in department budget projects and requests.

7. Works in cooperation with the Chief of Police on special projects requiring technical expertise. Oversee administrative investigations, special department grants, professional standards and training, Departmental audits, Departmental property/firearms, Departmental Fleet, yearly Senate Bill and Assembly bill requirements, Crime Prevention, as well as any other activities, as needed or assigned by the Chief of Police.

8. Act as department head in the absence of Chief of Police; provide leadership and direction for the police department and in the area of public safety during absence; and preform related work as required.

9. Represents and supports the policies and procedures established by the Chief of Police, City Council, City Manager and Department Heads.

EMPLOYMENT STANDARDS
Education and/or Experience
POST Supervisory, Advanced and Management Certificates.

Graduation from an accredited college with a Bachelor’s degree in Criminal Justice, public or business administration and/or similar degree and five years of progressively responsible management experience in a local California law enforcement agency and/or any combination of training and experience that provides the desired knowledge and abilities. A Master’s degree in public administration or related field, P.O.S.T. Command College, or F.B.I. National Academy, is desirable.

Knowledge of:

Principles, practices, and techniques of law enforcement and administration; causes prevention, and control of delinquency; traffic enforcement and education; rules of evidence, rights of citizens and prisoners, laws pertaining to search, seizure, and arrest; court procedures; supervisory and public relations techniques; interagency communication and assistance techniques and practices; municipal organization and administration; principles and practice of police administration; patrol methods, criminal investigation and identification techniques; physical administrative procedures and techniques; current civil and criminal laws; personnel administration and due process rights of employees concerning disciplinary processes.

Ability to:

Develop comprehensive plans to satisfy future needs for department service; interpret, explain and apply laws, regulations, rules, department policies and procedures; think and act appropriately in emergency situations; supervise the work of others; plan, organize, assign, and direct the activities of department staff; understand and follow verbal and written directions; write clear, concise, and accurate reports; use and care for small firearms and other equipment; communicate effectively, both verbally and in writing and by any form of communication device; analyze situations and resolve within established policy; establish and maintain effective relationships with superiors, peers, subordinates, and the general public; make public presentations; operate a computer terminal; maintain range qualifications and other law enforcement skills.

Special Requirements
Possession of or ability to obtain a valid California Driver’s License.

Candidates other than promotional applicants will be required to pass a police background investigation.

Physical Demands
Strength, stamina, coordination and balance to stand and walk for long periods, bend and reach to conduct inspections, climb up and down ladders, run in pursuit of detainees, physically restrain uncooperative and violent individuals, drive vehicles in high speed pursuit, carry equipment and supplies; remain alert in a confined space on all shifts; vision to see details in low light; coordination, vision and strength for use of firearms; occasional lifting of objects weighing up to 50 lbs.; strength to move the weight of an adult human body.

WORKING CONDITIONS
Work in confined spaces; stress of working with detainees, persons under the influence of alcohol and drugs, emotional individuals, and resistive and combative persons; stress of exposure to personally dangerous individuals and circumstances including dead, injured and sick individuals; exposure to individuals with communicable diseases; exposure to hazardous materials.

SENIOR RECORDS CLERK

DEFINITION
Under general supervision, assists with the supervision of the Records Unit by providing technical assistance and oversight responsibility for ongoing activities and participates in the preparation, processing, maintenance and management of department activities related to police records and record keeping; performs related duties as required.

REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by the employee of this class. Not all assigned duties may be listed and some assigned duties may not be listed below. Marginal duties (shown in italics) are those which are non-essential job functions for this class.

1. Oversees and participates in police records preparation, processing and filing; maintain security of police records, ensuring the information is released in accordance with related laws and department policies.

2. Reviews a variety of written reports for accuracy including reports for California Bureau of Criminal Statistics, Uniform Crime Reports, incident reports, and prepares the unit activity report; routes police administrative reports to appropriate divisions for processing; prepares and processes reports required by Court.

3. Reviews warrants to be served for accuracy of information and due diligence issues; testifies in court.

4. Prepares and conducts periodic training sessions; schedules personnel for training; assigns work tasks; receives and routes requests for leave; reviews work in progress; advises on proper procedures and ensures correction are made; advises supervisor of potential problems and concerns from staff.

5. Inspects equipment to assure its proper working conditions and arranges for regular and special servicing.

EMPLOYMENT STANDARDS
Education and/or Experience
Three years of experience in police records maintenance or any combination of training and experience that provides the desired knowledge and abilities.

Knowledge of:

Principles and practices of law enforcement records management; computerized systems used in municipal law enforcement agencies; laws, codes, regulations and policies relating to the control of police records; general office procedures; principles and practices of supervision.

Ability to:

Communicate clearly and concisely, both verbally and in writing; conduct research and prepare reports; mange police records systems; establish and maintain effective working relationships with superiors, peers, subordinates and the general public; deal with the public in situations requiring diplomacy and tact; maintain confidentiality; exercise judgment; work independently; supervise and train assigned staff; deal constructively with conflict and develop effective resolutions; respond to emergency and problem situations; understand, explain and apply policies and procedures; use a typewriter or computer in entering and retrieving data and/or typing letters, forms and reports; type at a rate sufficient to perform assigned duties.

Special Requirements
Possession of or ability to obtain a valid California Driver’s License may be required.

Must be 18 years of age and be able to successfully pass a psychological examination and an extensive background check.

Physical Demands
Strength, dexterity, coordination, and vision to use a keyboard for prolonged periods on a regular basis. Dexterity and coordination to handle files and single pieces of paper; occasional lifting of objects weighing up to 25 lbs. such as files, stacks of papers, reference and other materials. Moving from place to place within the office; some reaching for items above and below desk level.

WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors, or noise. A computer used on a daily basis. Periodic contact with angry and upset individuals.

Date Adopted: August 6, 1996

PUBLIC SAFETY INFORMATION TECHNOLOGY ANALYST I

DEFINITION
Under general direction, reviews, analyzes and evaluates information technology systems, manages advance client/server and desktop computer systems, network designs, and monitoring, and performs related duties as assigned.

REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by the employee of this class. An employee may not be assigned all duties listed and may be assigned duties which are not listed below. Marginal duties are those which are least likely to be essential functions for any single position in this class.

1. Maintains and supports the City network and computer resources; Conducts general analysis, troubleshoots and resolves computing, network and communication technology problems; Responds to calls to the Information Technology helpdesk and answers general questions regarding the methods and procedures for utilizing computer resources.

2. Assists in the installation of computer hardware, applications, network devices, and communication equipment; creates user documentation and trains staff in the proper use of computer equipment and general or departmental based applications.

3. Provides assistance in the development of technology resources; establishes testing methodologies to ensure applications and hardware are tested and debugged before utilization; assists in the implementation of enhancements; maintains documentation and procedures.

4. Provides client side application support and assigned administration; monitors and supports specific aspects of user accounts management, computer name services, remote access, IP assignments and promotes proper access to departmental or City file storage and applications; monitors and supports specific aspects of City email and internet access, including filtering; maintains the City’s web presence; performs daily/weekly back-up process; files redundancy procedures and assists in the disaster recovery process.

5. Provides support in the administration and maintenance of the City network infrastructure and data communication equipment; contacts vendors and professional consultants for additional technical support and suggests modifications to meet user requirements; writes scripts or implements programs to automate and manage access to technology resources.

6. Stays up-to-date on emerging technologies and the potential effectiveness of these advancements in the current system.

7. Represents and supports the resources and policies established by the City Council, City Manager, and Department Heads.

8. Performs other duties as assigned.

EMPLOYMENT STANDARDS
Education and/or Experience
Graduation from an accredited college with a Bachelor’s degree in computer science or closely related field and 1 year of experience in information technology administration that includes LAN/WAN/WWAN management, Microsoft Windows XP and Windows 7 desktop environment, and Windows 2003/2008/2010, x32/x64 bit server technology. Experience with Microsoft Exchange, Active Directory, Group Policies, Internet Information Services, DHCP, DNS, anti-virus, and firewall technologies or any combination of training and experience that provides the desired knowledge and abilities.

Knowledge of:

Current technology principles, theories, techniques, and methods of information system analysis, processing, and operations; wired and wireless LAN/WAN technologies and administration; Microsoft Windows desktop, virtualization and server OS environments, mobile, desktop, and server applications; imaging and database design and technologies.

Ability to:

Operate standard Windows desktop, server, and communication technology; write technical reports and documentation, memoranda, e-mail, and complex instructions; communicate effectively on technical issues with individuals with varying degrees of computer literacy; collect and analyze data; establish and maintain good working relationships with others
Special Requirements
Possession of or ability to obtain a valid California Driver’s License. Candidates seeking a position in the police department must be able to pass an extensive background check.

Physical Demands
Strength, dexterity, coordination and vision to use keyboard and video display terminal for long periods of time. Dexterity and coordination to handle files and single pieces of paper; occasional lifting of objects weighing up to 25 lbs., such as, files, stacks of paper, and other reference materials. Moving from place to place within an office; some reaching for items above and below desk level.

WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors, or noise. Video display terminal is used on a daily basis. Periodic contact with angry and upset individuals.

Date Adopted: May 17, 2023
Item No. 10.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established the requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the preliminary financial status reports for the year ended June 30, 2023, are submitted. These reports are preliminary as accruals of both revenues and expenditures for the fiscal year are still being processed.

RECOMMENDATION: That the City Council accept the preliminary financial status reports as presented.

ATTACHMENTS: 1. Preliminary Financial Status Reports - Fiscal Year 2022- 2023
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
2022-2023 2022-2023 2021-2022 2021-2022
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 8,373,700 $ 8,819,482 105.32% $ 8,083,000 $ 8,208,963 101.56% OTHER TAXES:

SALES AND USE TAX 8,361,626 8,439,819 100.94% 6,771,812 8,164,145 120.56% UTILITY USERS TAX 4,600,000 5,742,657 124.84% 4,000,000 4,784,200 119.61% TRANSIENT OCCUPANCY TAX 840,000 797,926 94.99% 575,000 841,823 146.40% PROPERTY TRANSFER TAX 120,000 104,249 86.87% 105,000 189,671 180.64% FRANCHISE TAX 1,661,134 1,838,225 110.66% 1,651,134 1,741,770 105.49% SALES TAX - PUBLIC SAFETY 300,000 421,769 140.59% 260,000 441,963 169.99% LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 511,300 845,095 165.28% 437,100 555,054 126.99% CONSTRUCTION PERMITS 750,000 544,133 72.55% 620,000 907,775 146.42% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 68,000 64,219 94.44% 43,000 68,820 160.05% OTHER TAXES 22,000 20,838 94.72% 24,000 21,716 90.48%
REVENUE FROM AGENCIES-GRANTS 167,538 326,609 194.95% 191,507 282,015 147.26% USE OF MONEY AND PROPERTY 304,000 1,011,644 332.78% 397,414 418,281 105.25% FINES AND FORFEITURES 32,500 24,264 74.66% 22,200 37,922 170.82% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 123,000 136,458 110.94% 123,500 140,566 113.82% POLICE 351,500 438,708 124.81% 363,000 371,125 102.24%
FIRE 40,500 120,229 296.86% 26,500 207,372 782.53%
LIBRARY 10,000 12,906 129.06% 10,000 466 4.66%
RECREATIONAL 3,098,755 2,569,256 82.91% 1,931,000 2,463,198 127.56% INTERDEPARTMENTAL 2,600,000 2,575,922 99.07% 2,400,000 2,572,142 107.17% OTHER 48,636 78,388 161.17% 21,590 83,006 384.46%
OTHER REVENUES 71,000 243,651 343.17% 59,000 124,065 210.28% SUBTOTALS $ 32,455,189 $ 35,176,448 108.38% $ 28,215,757 $ 32,626,059 115.63% OPERATING TRANSFERS 1,282,345 1,239,983 96.70% 1,254,945 1,228,447 97.89% DEBT SERVICE TRANSFERS 269,264 198,497 73.72% 244,828 323,356 132.07% TOTALS $ 34,006,798 $ 36,614,928 107.67% $ 29,715,530 $ 34,177,861 115.02%

PRELIMINARY

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE YEARS ENDED
JUNE 30, 2023 AND JUNE 30, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAX LICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Years Ended June 30, 2023 and June 30, 2022
22-23 21-22 PROPERTY TAXES 24%

SALES & USE TAX
24%

UTILITY USERS TAX
16%
LICENSES AND PERMITS 4%
OTHER TAXES 8%
OTHER REVENUES 4%
OPERATING TRANSFERS 4%
CHARGES FOR SERVICES 16%
City of Porterville
General Fund Revenues
Year Ended June 30, 2023
2022-2023 2022-2023 2021-2022 2021-2022
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 224,513 $ 229,555 102.2% $ 459,917 $ 121,197 26.4% COMMUNITY PROMOTION 330,952 230,568 69.7% 269,920 274,611 101.7% EMERGENCY - LIBRARY 336,105 290,858 86.5% 580,000 637,442 109.9% EMERGENCY - STORMS - 863,764 - - - -
ADMINISTRATIVE & LEGAL:

CITY MANAGER 398,209 459,207 115.3% 338,118 371,262 109.8% CITY CLERK 243,704 333,957 137.0% 230,830 204,201 88.5% HUMAN RESOURCES 435,747 532,351 122.2% 308,868 386,990 125.3% CITY ATTORNEY 225,000 117,354 52.2% 225,000 153,579 68.3% FINANCE:

FINANCE & ACCOUNTING 1,194,568 1,072,709 89.8% 957,538 913,146 95.4% INFORMATION SERVICES 683,476 539,571 78.9% 523,625 464,256 88.7% ADMINISTRATIVE SERVICES 323,154 308,056 95.3% 337,510 269,565 79.9% POLICE PROTECTION 10,958,716 10,259,096 93.6% 11,023,315 9,572,618 86.8% FIRE PROTECTION 4,751,581 4,647,386 97.8% 4,078,865 4,450,607 109.1% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 742,784 698,680 94.1% 685,514 624,780 91.1% ECONOMIC DEVELOPMENT 493,042 449,623 91.2% 397,139 314,163 79.1% PUBLIC WORKS:

ENGINEERING & BUILDING 1,687,371 1,808,949 107.2% 1,553,852 1,535,190 98.8% STREET MAINTENANCE 546,410 589,948 108.0% 517,194 534,638 103.4% SIGNALS, SIGNING & STRIPING 301,459 349,085 115.8% 319,000 304,564 95.5% STREET LIGHTING 539,518 575,052 106.6% 537,552 600,678 111.7% STORM DRAINS 92,585 79,233 85.6% 175,343 127,071 72.5%
PARKING LOTS 68,209 76,859 112.7% 64,552 71,170 110.3%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,662,004 2,685,292 100.9% 2,472,875 2,552,407 103.2% STREET TREES & PARKWAYS 234,169 243,557 104.0% 251,710 226,327 89.9% COMMUNITY CENTERS 96,217 2,441 2.5% 100,000 (1,100) -1.1% LEISURE SERVICES 392,434 393,545 100.3% 349,023 366,882 105.1% LEISURE SERVICES - SPECIAL PROG 2,953,842 2,414,333 81.7% 2,933,915 2,250,863 76.7% SWIMMING POOL 173,950 247,746 142.4% 173,950 196,912 113.2% LIBRARY OPERATIONS 825,889 618,659 74.9% 811,451 575,872 71.0% SPECIAL PROJECTS 36,506 28,417 77.8% 36,507 25,189 69.0% SUB TOTALS 31,952,114 31,145,851 97.5% 30,713,083 28,125,078 91.6% OPERATING TRANSFERS 79,000 79,000 100.0% 79,000 79,000 100.0% DEBT SERVICE 1,598,169 1,596,469 99.9% 1,634,345 1,570,843 96.1% $ 33,629,283 $ 32,821,320 97.6% $ 32,426,428 $ 29,774,921 91.8%

PRELIMINARY

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE YEARS ENDED
JUNE 30, 2023 AND JUNE 30, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
$11,000,000

LEGISLATIVE ADMINISTRATIVE & LEGAL FINANCE FIRE PARKS & LEISURE POLICE COMMUNITY DEVELOPMENT PUBLIC WORKS OPERATING

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Years Ended June 30, 2023 and June 30, 2022
22-23 21-22
LEGISLATIVE 5%
ADMINISTRATIVE & LEGAL 5%
FINANCE 6%
FIRE 15%
PARKS & LEISURE 21%
POLICE 33%
COMMUNITY DEVELOPMENT 4%
PUBLIC WORKS 11%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Year Ended June 30, 2023

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE YEARS ENDED
JUNE 30, 2023 AND JUNE 30, 2022
2022-2023 2022-2023 2021-2022 2021-2022
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,460,597 $ 5,626,650 103.0% $ 4,434,052 $ 5,385,535 121.5% MEASURE I SALES TAX 10,741,776 11,278,978 105.0% 8,923,104 10,837,809 121.5% AMERICAN RESCUE PLAN ACT 11,113,000 6,026,708 54.2% - 2,985,792 - SPECIAL GAS TAX 4,757,438 3,834,857 80.6% 4,218,347 3,508,347 83.2% LOCAL TRANSPORTATION FUNDS (LTF) 32,849,952 4,578,565 13.9% 17,022,488 5,084,443 29.9% TRAFFIC SAFETY FUND 100,200 27,915 27.9% 100,200 223,813 223.4% ZALUD ESTATE 5,650 7,170 126.9% 5,850 25,378 433.8%
COMMUNITY DEVELOPMENT BLOCK GRANT 1,851,488 963,448 52.0% 2,022,126 2,112,444 104.5% SPECIAL SAFETY GRANTS 781,539 593,972 76.0% 299,784 198,537 66.2% SEWER OPERATING 7,378,925 7,565,944 102.5% 7,141,345 7,527,994 105.4% REFUSE REMOVAL 6,636,466 6,950,946 104.7% 6,150,866 6,668,704 108.4% AIRPORT OPERATIONS 2,081,500 1,683,798 80.9% 1,533,553 2,171,510 141.6% GOLF COURSE 220,900 253,579 114.8% 193,800 256,042 132.1% WATER OPERATING 13,246,005 12,905,445 97.4% 12,985,280 13,181,562 101.5% RISK MANAGEMENT 7,533,016 7,394,926 98.2% 7,445,716 7,459,675 100.2% EQUIPMENT MAINTENANCE 3,854,200 4,445,670 115.3% 3,701,260 3,947,655 106.7% LANDSCAPE MAINTENANCE DISTRICT 132,682 134,938 101.7% 154,753 160,446 103.7% WATER REPLACEMENT 4,540,000 1,116,333 24.6% 14,466,321 2,158,232 14.9% SOLID WASTE RESERVE 953,070 889,036 93.3% 923,442 903,430 97.8% SEWER REVOLVING 447,898 558,650 124.7% 540,221 457,151 84.6% TRANSPORTATION DEVELOPMENT 295,000 221,550 75.1% 215,000 393,871 183.2% PARK DEVELOPMENT 1,805,100 48,378 2.7% 100,050 177,770 177.7% TREATMENT PLANT RESERVE 992,240 1,104,943 111.4% 960,371 1,310,431 136.5% STORM DRAIN DEVELOPMENT 320,000 256,514 80.2% 220,000 428,820 194.9% BUILDING CONSTRUCTION 1,000 3,077 307.7% 1,000 1,976 197.6%

TOTALS $ 118,099,642 $ 78,471,989 66.4% $ 93,758,929 $ 77,567,369 82.7%

PRELIMINARY
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
$50,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Years Ended June 30, 2023 and June 30, 2022
22-23 21-22
INTERNAL SERVICE 10%
SPECIAL REVENUE 20%
ENTERPRISE 26%
IMPROVEMENT 3%
GENERAL 41%
City of Porterville
Revenue by Fund Type
Year Ended June 30, 2023
2022-2023 2022-2023 2021-2022 2021-2022
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 4,457,666 $ 4,556,765 102.2% $ 4,241,135 $ 4,232,994 99.8% MEASURE I SALES TAX 5,921,250 5,969,151 100.8% 4,890,884 5,665,696 115.8% AMERICAN RESCUE PLAN ACT 2,616,987 2,806,640 107.2% - 2,870,401 - ZALUD ESTATE 31,855 38,035 119.4% 18,855 41,035 217.6%
COMMUNITY DEVELOPMENT BLOCK GRANT 190,459 217,058 114.0% 546,985 168,049 30.7% SPECIAL SAFETY GRANTS 893,718 658,616 73.7% 397,563 336,892 84.7% SEWER OPERATING 6,820,260 6,073,823 89.1% 6,529,757 6,439,370 98.6% REFUSE REMOVAL 6,999,034 7,116,081 101.7% 6,846,900 6,821,438 99.6% AIRPORT 1,767,875 1,467,169 83.0% 1,407,844 1,734,460 123.2% GOLF COURSE 500,496 549,129 109.7% 460,151 516,561 112.3% WATER OPERATING 9,454,882 9,678,208 102.4% 8,104,376 8,110,807 100.1% RISK MANAGEMENT 9,340,626 8,539,580 91.4% 7,988,321 9,140,088 114.4% EQUIPMENT MAINTENANCE 3,802,800 4,543,864 119.5% 3,632,540 4,104,031 113.0% LANDSCAPE MAINTENANCE DISTRICT 222,738 187,195 84.0% 192,995 194,857 101.0% TOTALS $ 53,020,646 $ 52,401,315 98.8% $ 45,258,306 $ 50,376,678 111.3%

PRELIMINARY

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE YEARS ENDED
JUNE 30, 2023 AND JUNE 30, 2022
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Years Ended June 30, 2023 and June 30, 2022
22-23 21-22
INTERNAL SERVICE 16%
SPECIAL REVENUE 10%
ENTERPRISE 30%
GENERAL 44%
City of Porterville
Expenditures by Fund Type
Year Ended June 30, 2023
FY 2022-23 FY 2021-22

REVENUES
Sales Tax - Measure H $ 5,483,452 5,286,856
State Grants 6,374 -
Interest 64,407 29,771
Police Services 2,972 3,209
Police Cost Recoveries 67,045 62,199
Contributions 2,400 3,500
TOTAL REVENUES 5,626,650 5,385,535

EXPENDITURES
Police Department 1,854,210 1,883,236
Fire Department 2,071,030 1,805,674
Public Safety Station 198,830 173,256
Library & Literacy 432,695 370,827
TOTAL EXPENDITURES 4,556,765 4,232,994

CAPITAL PROJECTS
Animal Shelter 41,705 16,816
TOTAL CAPITAL PROJECTS 41,705 16,816
REVENUE OVER/(UNDER) EXPENDITURES $ 1,028,179 $ 1,135,725

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Periods Ended June 30, 2023 and June 30, 2022

PRELIMINARY
FY 2022-23 FY 2021-22

REVENUES
Sales Tax - Measure I $ 10,964,303 $ 10,636,501
State/County Grants 15,204 -
Interest 297,452 140,649
Police Services 2,019 2,463
Police Cost Recoveries - 58,197
TOTAL REVENUES 11,278,978 10,837,809

EXPENDITURES
Police Department 3,737,429 3,782,697
Fire Department 2,032,350 1,790,978
Streets Program 91,047 92,021
Litter Abatement Program 108,325 -
TOTAL EXPENDITURES 5,969,151 5,665,696

CAPITAL PROJECTS
AC Pavement Repair/Overlay 265,623 443,875
Fire Dept Classroom/Training 25,534 -
Fire Station Remodel/Additions 297,393 -
Grand Ave Connection between 4th and Henrahan 1,683 17,049 Medians Restoration Project 1,574 19,274
Montgomery Ave Reconstruction - Jaye to H 1,721 3,100
Morton Ave Reconstruction 13,544 -
Pavement Management Program 4,018 28,394
PD Evidence Storage Facilities 35,260 136,567
Union - Indiana to Jaye - 25,148
Villa St Reconstruction - Olive to Henderson 86,853 22,760 TOTAL CAPITAL PROJECTS 733,203 696,167
REVENUE OVER/(UNDER) EXPENDITURES $ 4,576,624 $ 4,475,946

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Years Ended June 30, 2023 and June 30, 2022

PRELIMINARY
6/30/2023 6/30/2022

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 7,170 $ (38,035) $ (30,865) $ (15,656) $
Sewer Operating 7,565,944 $ (6,073,823) $ 1,492,121 $ 1,088,624 $ Solid Waste 6,950,946 $ (7,116,081) $ (165,135) $ (152,734) $ Airport 1,683,798 $ (1,467,169) $ 216,629 $ 437,050 $
Golf 253,579 $ (549,129) $ (295,550) $ (260,519) $
Water Operating 12,905,445 $ (9,678,208) $ 3,227,237 $ 5,070,755 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the years ended June 30, 2023 and June 30, 2022

PRELIMINARY
Item No. 11.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of June 30, 2023, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy.

Investments are selected based on the statutory objectives of safety, liquidity and yield.

Items identified in the summary include portfolio composition, weighted average rate of earnings, weighted average days to maturity, and the percentage of liquid holdings.

RECOMMENDATION: That the City Council accept the quarterly investment portfolio summary report.

ATTACHMENTS: 1. Investment Portfolio Summary - June 30, 2023 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF JUNE 30, 2023

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 8,958,453 $ 8,822,540 3.150% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,352,890 7,114,933 1.940% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,850,477 9,850,477 2.720% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 15,825,382 15,825,382 5.226% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,632 3133ENF39 FEDERAL FARM CREDIT BANKS 1,000,000 997,500 3.125% 8/18/2022 8/8/2023 39 3130ASJT7 FEDERAL HOME LOAN BANKS 1,000,000 988,570 3.230% 6/29/2022 12/29/2023 182 3130AUGP3 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 994,510 5.000% 1/26/2023 7/26/2024 392 3134GXF74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 980,160 3.625% 7/26/2022 7/26/2024 392 3134GXP81 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 977,780 3.820% 8/30/2022 8/28/2024 425 3134GXX66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 986,770 4.000% 9/23/2022 9/23/2024 451 3130ATFL6 FEDERAL HOME LOAN BANKS 1,000,000 987,330 4.600% 9/30/2022 9/30/2024 458 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 941,280 1.550% 2/25/2022 2/25/2025 606 3134GYL42 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 993,880 5.550% 3/1/2023 2/28/2025 609 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 962,610 3.030% 4/29/2022 4/28/2025 668 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 962,970 3.150% 5/23/2022 5/23/2025 693 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 963,050 3.400% 5/27/2022 5/23/2025 693 3130AWDL1 FEDERAL HOME LONA BANKS 1,000,000 998,540 5.600% 6/13/2023 6/13/2025 714 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 972,360 4.000% 8/1/2022 8/1/2025 763 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 978,150 3.500% 8/25/2022 8/25/2025 787 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 975,290 4.000% 8/30/2022 8/28/2025 790 3130ATFG35 FEDERAL HOME LOAN BANKS 1,000,000 988,290 5.000% 10/17/2022 10/17/2025 840 3133ENR77 FEDERAL FARM CREDIT BANKS 1,000,000 986,810 4.920% 10/12/2022 1/12/2026 927 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 922,330 1.250% 1/26/2022 1/26/2026 941 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,793,880 0.580% 3/18/2021 2/11/2026 957 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 879,635 1.000% 3/23/2021 3/23/2026 997 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 905,150 1.050% 3/25/2021 3/25/2026 999 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 910,410 0.750% 3/30/2021 3/30/2026 1,004 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 900,250 1.000% 4/29/2021 4/29/2026 1,034 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 959,710 3.500% 6/28/2022 6/26/2026 1,092 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 949,960 3.200% 6/29/2022 6/29/2026 1,095 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 893,670 1.000% 8/26/2021 8/26/2026 1,153 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,787,320 1.040% 9/21/2021 9/21/2026 1,179 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 894,980 1.100% 9/28/2021 9/28/2026 1,186 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 983,940 4.870% 11/8/2022 9/28/2026 1,186 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 983,860 4.870% 9/28/2022 9/28/2026 1,186 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 895,650 1.125% 9/29/2021 9/29/2026 1,187 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 894,870 1.100% 9/30/2021 9/30/2026 1,188 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 899,390 1.250% 10/26/2021 10/26/2026 1,214 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 899,280 1.250% 10/28/2021 10/28/2026 1,216 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 905,070 0.800% 11/2/2021 10/28/2026 1,216 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 897,850 1.250% 11/24/2021 11/24/2026 1,243 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 899,370 1.300% 11/24/2021 11/24/2026 1,243 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,360,035 1.600% 12/30/2021 12/30/2026 1,279 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,807,240 1.500% 12/30/2021 12/30/2026 1,279 3134GYD74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 987,800 5.000% 1/26/2023 1/26/2027 1,306 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,821,660 1.860% 2/8/2022 2/8/2027 1,319 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 914,400 2.000% 2/25/2022 2/25/2027 1,336 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,844,020 2.250% 3/30/2022 3/30/2027 1,369 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 953,500 3.375% 5/17/2022 5/17/2027 1,417 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 961,220 3.750% 5/19/2022 5/19/2027 1,419 3133EN3Y4 FEDERAL FARM CREDIT BANKS 1,000,000 989,000 5.330% 12/14/2022 6/14/2027 1,445 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 953,420 3.250% 6/28/2022 6/28/2027 1,459 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 966,150 4.000% 6/29/2022 6/29/2027 1,460 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 971,870 4.300% 7/28/2022 7/28/2027 1,489 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 969,990 4.230% 9/8/2022 9/8/2027 1,531 3134GX3K8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 983,650 5.250% 10/20/2022 10/20/2027 1,573 3134GY5W8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 992,980 5.250% 12/16/2022 12/16/2027 1,630 3130AV6T4 FEDERAL HOME LOAN BANKS 1,000,000 993,500 5.750% 3/27/2023 3/27/2028 1,732 90331HNV1 US BANK ASSN MTN 995,000 998,650 3.400% 11/15/2018 7/24/2023 24 06747PML0 BARCLAYS BANK 1,000,000 989,300 3.000% 3/17/2020 10/17/2023 109 48133DN55 JP MORGAN CHASE FINL CO 2,000,000 1,948,520 4.050% 7/29/2022 7/29/2024 395

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 935,210 2.500% 4/28/2020 4/10/2025 650 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 978,140 3.950% 9/8/2022 6/30/2025 731 17298CK64 CITIGROUP INC 1,000,000 901,260 1.000% 8/28/2020 8/28/2025 790 06748XQR5 BARCLAYS BANK 1,000,000 945,928 4.500% 9/12/2022 3/12/2026 986 89114TK84 TORONTO DOMINION BANK 2,000,000 1,751,944 1.050% 6/16/2021 3/16/2026 990 06368EWM0 BANK OF MONTREAL 2,000,000 1,736,439 1.220% 3/17/2021 3/17/2026 991 06048WV56 BANK OF AMERICA 1,000,000 943,000 4.000% 5/5/2022 5/5/2026 1,040 17290A3E8 CITIGROUP INC 1,000,000 875,150 1.250% 7/1/2021 7/1/2026 1,097 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 862,850 1.400% 9/30/2021 9/30/2026 1,188 06048WZ29 BANK OF AMERICA CORP 1,000,000 990,490 6.000% 10/20/2022 10/20/2027 1,573 78014RKF6 ROYAL BANK OF CANADA 1,000,000 959,805 5.450% 1/18/2023 1/18/2028 1,663 61766YMT5 MORGAN STANLEY FIN 1,000,000 971,440 5.150% 1/20/2023 1/20/2028 1,665 89841MAD9 CERTIFICATE OF DEPOSIT 245,000 244,711 2.850% 7/19/2022 7/19/2023 19 31911QFK6 CERTIFICATE OF DEPOSIT 249,000 248,440 3.200% 8/10/2018 8/10/2023 41 499724AD4 CERTIFICATE OF DEPOSIT 249,000 248,166 3.250% 8/30/2018 8/30/2023 61 64017AAH7 CERTIFICATE OF DEPOSIT 245,000 243,888 3.300% 9/19/2018 9/19/2023 81 92891CBK7 CERTIFICATE OF DEPOSIT 249,000 247,571 3.350% 10/16/2018 10/16/2023 108 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 247,501 3.350% 10/19/2018 10/19/2023 111 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 247,369 3.450% 11/9/2018 11/9/2023 132 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 243,280 3.550% 11/26/2018 11/24/2023 147 635573AL2 CERTIFICATE OF DEPOSIT 245,000 242,802 3.400% 12/26/2018 12/21/2023 174 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 242,342 1.650% 3/26/2020 3/26/2024 270 14042RSH5 CERTIFICATE OF DEPOSIT 245,000 239,808 3.300% 6/29/2022 7/1/2024 367 15118RRHS CERTIFICATE OF DEPOSIT 249,000 238,803 1.850% 8/30/2019 8/30/2024 427 938828BM1 CERTIFICATE OF DEPOSIT 249,000 239,227 2.000% 8/30/2019 8/30/2024 427 98970LC43 CERTIFICATE OF DEPOSIT 243,000 242,779 5.400% 3/31/2023 9/27/2024 455 23204HLJ5 CERTIFICATE OF DEPOSIT 250,000 246,928 4.500% 10/26/2022 10/28/2024 486 12547cak4 CERTIFICATE OF DEPOSIT 250,000 246,700 4.600% 2/24/2023 2/24/2025 605 654062LB2 CERTIFICATE OF DEPOSIT 250,000 244,452 4.100% 9/28/2022 3/28/2025 637 02589AC34 CERTIFICATE OF DEPOSIT 250,000 237,942 2.550% 4/17/2022 4/7/2025 647 02589AC34 CERTIFICATE OF DEPOSIT 250,000 238,432 3.050% 7/25/2022 7/25/2025 756 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 239,718 3.300% 7/27/2022 7/28/2025 759 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 238,925 3.400% 8/15/2022 8/15/2025 777 795451CD3 CERTIFICATE OF DEPOSIT 240,000 230,023 3.350% 8/24/2022 8/25/2025 787 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 237,410 4.150% 10/12/2022 10/14/2025 837 693963AB6 CERTIFICATE OF DEPOSIT 249,000 242,506 4.200% 10/14/2022 10/14/2025 837 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 240,967 4.850% 11/9/2022 11/10/2025 864 05580AM92 CERTIFICATE OF DEPOSIT 248,000 231,005 2.750% 4/22/2022 4/22/2026 1,027 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 242,484 4.400% 4/24/2023 4/24/2026 1,029 86158BA6 CERTIFICATE OF DEPOSIT 249,000 244,182 4.700% 6/30/2023 6/30/2026 1,096 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 230,613 3.150% 7/21/2022 7/21/2026 1,117 682325DH5 CERTIFICATE OF DEPOSIT 250,000 245,675 4.800% 4/6/2023 10/6/2026 1,194 87165FE42 CERTIFICATE OF DEPOSIT 249,000 216,568 1.100% 11/12/2021 11/12/2026 1,231 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 246,159 5.000% 11/22/2022 11/23/2026 1,242 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 217,140 1.250% 12/8/2021 12/8/2026 1,257 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 217,118 1.250% 12/9/2021 12/9/2026 1,258 052392CH8 CERTIFICATE OF DEPOSIT 248,000 244,771 4.950% 12/16/2022 12/16/2026 1,265 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 239,412 4.400% 1/18/2023 1/19/2027 1,299 856285F63 CERTIFICATE OF DEPOSIT 246,000 217,801 1.800% 1/31/2022 2/1/2027 1,312 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 219,058 1.700% 2/18/2022 2/18/2027 1,329 011852AD2 CERTIFICATE OF DEPOSIT 248,000 242,656 4.700% 3/8/2027 3/8/2027 1,347 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 217,827 2.000% 3/9/2022 3/9/2027 1,348 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 218,322 2.100% 3/15/2022 3/15/2027 1,354 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 226,275 2.800% 4/29/2022 4/29/2027 1,399 254673D94 CERTIFICATE OF DEPOSIT 246,000 227,786 3.200% 5/18/2022 5/19/2027 1,419 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 225,840 3.000% 6/15/2022 6/9/2027 1,440 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 225,798 3.000% 6/15/2022 6/15/2027 1,446 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 230,611 3.250% 6/15/2022 6/15/2027 1,446 472312AA5 CERTIFICATE OF DEPOSIT 249,000 243,450 4.700% 6/29/2023 6/29/2027 1,460 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 226,877 3.300% 8/19/2022 8/19/2027 1,511 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 242,321 4.700% 3/10/2023 9/10/2027 1,533 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 231,114 3.400% 9/14/2022 9/14/2027 1,537 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 231,971 3.500% 9/23/2022 9/23/2027 1,546 530520AB1 CERTIFICATE OF DEPOSIT 249,000 240,036 4.400% 1/17/2023 1/17/2028 1,662 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 240,745 4.400% 4/20/2023 4/20/2028 1,756 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 241,283 4.550% 4/28/2023 4/28/2028 1,764

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 246,027 4.700% 5/30/2023 5/30/2028 1,796 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 664 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 722 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 4.690% 5/12/2023 6/12/2024 348 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,765 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 726 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 291 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 1,325 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 1,454 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.000% 7/21/2022 7/20/2024 386 1316 CERTIFICATE OF DEPOSIT 261,860 261,860 2.750% 10/6/2022 4/6/2024 281 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,627 1320 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 9/12/2018 9/12/2023 74 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 195 1326 CERTIFICATE OF DEPOSIT 276,566 276,566 3.500% 1/29/2019 1/29/2024 213 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 243 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 266 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 101 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 329 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 312 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 340 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 397 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 439 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 445 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 490 1338 CERTIFICATE OF DEPOSIT 268,277 268,277 2.720% 10/15/2019 10/15/2024 473 1339 CERTIFICATE OF DEPOSIT 263,480 263,480 2.250% 12/26/2019 12/26/2024 545 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 524 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 558 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 567 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 574 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 141 1345 CERTIFICATE OF DEPOSIT 252,883 252,883 3.150% 6/9/2022 6/9/2027 1,440 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 1,452 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,482 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,481 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 975 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 851 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 11/28/2022 11/28/2024 517 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.650% 11/28/2022 11/28/2023 151 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,626 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 906 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 2/2/2023 2/2/2024 217 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 1,008 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,748 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 1,395 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 717 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,798 TOTALS $ 147,643,739 $ 142,158,470

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
6/30/2022 9/30/2022 12/31/2022 3/31/2023 6/30/2023 HOLDINGS MATURITY

1.588% 2.095% 2.622% 2.988% 3.187% 28.438% 791
Comments:

Portfolio holdings as of June 30, 2023, are in compliance with the current Investment Policy. With 28.438% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the third calendar quarter ending September 30, 2023, and will be presented during the Novemver 7, 2023 Council meeting.

Item No. 12.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Status and Review of Local Drought Emergency
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 July 18, 2023, 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. 12.
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.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 12.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

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 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 Item No. 12.
purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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.

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.

Item No. 12.

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 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 Item No. 12.

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 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:

Item No. 12.

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

8. Governor Newsom Executive Order N-5-23: March 24,
2023

9. 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

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.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); 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, and under 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.

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, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order 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.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
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
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; 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, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

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, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order 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.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

3pg18xi20

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions

2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf

3. Party Contacts during the term of this Agreement are:

State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:

Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:

Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.

The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.

A.2. SCOPE OF WORK.

The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.

The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.

The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.

Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.

A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

3. Completion of Construction October 1, 2023
B. REPORTS

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS

1. Reimbursement Requests Quarterly

2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.

A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664

The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

Reasonable indirect costs may be allowable upon approval by the Division.

B.5 LINE ITEM ADJUSTMENTS.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.

Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.

4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.

Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date

2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

3. Acknowledgements.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

5. [RESERVED]

6. [RESERVED].

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.

2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.

3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.

4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.

Environmental:

1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.

2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

8. [RESERVED].

9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

10. [RESERVED].

11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

12. [RESERVED].

13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].

16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017