Agenda packet — Porterville City Council, August 1, 2023 (part 1 of 3)

City Council Agenda August 1, 2023

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AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
AUGUST 1, 2023, 3:00 PM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of August 1, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/82050674305?pwd=SmpBd3FDL3FzdXlVeGIrN1VFRUQwdz09 Or via Telephone: 1-669-900-6833 Webinar ID: 820 5067 4305 Passcode: 696933 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Josie Tristan. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.95 – Liability Claim: Claimant: Interinsurance Exchange of the Automobile Club as subrogee of Neil Swearingen. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 - Liability Claim: Claimant: Cari McCormick. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two cases. 6 - Government Code Section 54957 - Public Employee Performance Evaluation - Title:

City Manager.

City Council Agenda August 1, 2023

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7 - Government Code Section 54957 - Public Employee Performance Evaluation - Title:

City Attorney.
4:00 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Councilmember Weyhrauch
Invocation

PRESENTATIONS
Recognition of Porterville Police Department's Crisis Response Team De-Escalation Efforts

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

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

I. Staff Informational Reports
City Council Member Appointments Attendance Quarterly Report FY 2022-2023 (April - June 2023)
City Commission and Committee Attendance Quarterly Report FY 2022-2023 (April - June 2023)
OHV Park Quarterly Report FY 2022-2023 (April - June 2023) Golf Course Quarterly Report FY 2022-2023 (April - June 2023) Street Performance Measure Quarterly Report FY 2022-2023 (April - June 2023) Building Permit Activity Quarterly Report FY 2022-2023 (April - June 2023) Code Enforcement Quarterly Report FY 2022-2023 (April - June 2023) Charitable Car Washes Quarterly Report Calendar Year 2023

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

1. Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Consider authorization to participate in Cooperative Purchasing Programs on Existing Asphalt Contracts between the County of Tulare and Jaxon Enterprises.

City Council Agenda August 1, 2023

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2. Authorization to Roll Unpaid Utility Accounts to the 2023-2024 Property Tax Rolls Re: Consider adoption of a draft Resolution authorizing the Tulare County Auditor to place unpaid utility accounts on the 2023-2024 property tax rolls for collection.

3. Acceptance of the Selective Traffic Enforcement Program (STEP) Grant Re: Consideration to accept the STEP Grant from the California Office of Traffic Safety in the amount of $100,000.

4. Joint Funding Agreement with Burton School District for a School Resource Officer Re: Consideration to 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.

5. Joint Funding Agreement with Porterville Unified School District for School Resource Officers
Re: Consideration to approve the draft Agreement for Joint Funding for School Resource Officers at PUSD for the period of July 1, 2023, through June 30, 2024.

6. Consideration of Termination of Youth Experiencing Success (YES) Program Agreement with Porterville Unified School District
Re: Considering approval of a Termination Agreement with Porterville Unified School District regarding the provision of services for the YES Program.

7. International Association of Crime Analyst Training in Grapevine, Texas Re: Consideration of approval for out-of-state travel for Crime Analyst Training in Grapevine, Texas.

8. Approval of Community Civic Event - Porterville Breakfast Rotary - Run for Life - September 9, 2023
Re: Consideration to approve the Community Civic Application from the Porterville Breakfast Rotary to hold the "Run for Life" event on September 9, 2023, beginning at 8:00 a.m., at Granite Hills High School.

9. Approval of Reorganization within the Police Department Re: Consideration to approve the reorganization of the Porterville Police Department to form a new “Administrative Services Division” within the Department.

10. Financial Status Reports
Re: Considering acceptance of the preliminary financial status reports for the year ended June 30, 2023.

11. Quarterly Investment Portfolio
Re: Consideration to accept the quarterly Investment Portfolio Summary Report.

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

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

13. Landscape and Lighting Maintenance Districts Annual Assessments Re: Consideration to conduct a Public Hearing on the 2023-2024 assessments for the Landscape and Lighting Maintenance Districts to take comments or receive protests on the City Council Agenda August 1, 2023

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proposed assessments; and
adopt the draft Resolution ordering the continued maintenance of Landscape and Lighting Maintenance Districts and confirming the Engineer's Report and Assessments for the 2023- 2024 Fiscal Year.

14. Establishing Landscape and Lighting Maintenance Districts and Tax Assessments for Parcels Within The Villas at Sierra Meadows Phases 1, 2 and 3 Re: Consideration to conduct the Public Hearing to receive public comment on establishing Landscape and Lighting Maintenance District Number 57; and adopt the draft Resolution approving the Engineer's Report and assessment method.

SCHEDULED MATTERS

15. Consideration of Appointment to the Arts Commission Re: Considering the appointments of an individuals to serve on the City's Arts Commission.

16. Consideration to Schedule a City Council Study Session on Recycled Water, Sewer, and Solid Waste Rates.

Re: Consideration to Schedule a City Council Study Session to receive staff information on Recycled Water, Sewer, and Solid Waste Rates.

17. Consideration of Public Sector Membership Contribution for the Tulare County Economic Development Corporation
Re: Consideration of public sector membership contribution for the Tulare County Economic Development Corporation and invoice of $35,000 for the 2023-2024 Fiscal Year.

18. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Mighty 190 Committee - July 19, 2023

2. Tulare County Task Force on Homelessness - July 19, 2023

3. Council of Cities - July 19, 2023 (CANCELLED)

4. Porterville Area Development Authority (PADA) - July 21, 2023 (CANCELLED)

5. Tulare County Economic Development Corporation Board - (TCEDC) - July 26, 2023

6. Internal City Audit Committee - July 26, 2023

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 4:00 p.m. will be considered at this time.

City Council Agenda August 1, 2023

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ADJOURNMENT - to the meeting of August 15, 2023, at 5:30 p.m.

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

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

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

Item No.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2022- 2023 (April - June 2023)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members were appointed. This report represents attendance at meetings during the fourth quarter of FY 2022-2023 (April through June 2023).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Quarterly Report (April - June 2023)
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate April May June
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member 5/30 P Kellie Carrillo - Member 5/30 P
Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member 6/2 P Regulation of Marijuana Raymond Beltran - Member 6/2 P
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 5/18 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member 5/17 P
Greg Meister - Member 5/17 P
Eastern Tule Groundwater Don Weyhrauch - Member 4/6 P 5/4 P 6/1 P, 6/15 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate Internal City Audit Committee Martha Flores - Member
Kellie Carrillo - Member
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Raymond Beltran - Member 4/5 P 5/3 P 6/7 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member 4/19 A
Greg Meister - Member 4/19 P
Don Weyhrauch - Member 4/21 P 5/19 P 6/16 P
Raymond Beltran - Member 4/21 P 5/19 P 6/16 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member 4/20 P Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member 6/23 A Martha Flores - Member 4/13 P 5/15 P 6/5 P, 6/26 P
Greg Meister - Alternate
Martha Flores - Member
Tulare County City Selection Mayor - City Member 5/17P
Committee Designee - Alternate
Martha Flores - Member 4/26 P 5/11 P, 5/24P 6/28 P
John Lollis - Alternate
Don Weyhrauch - Member 4/21 P 5/15 P 6/23 P
Raymond Beltran - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member 4/19 P 5/17 P 6/21 P Claudia Calderon - Alternate
Tule River Improvement JPA Don Weyhraruch - Member 4/9 P Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2022-2023 Fourth Quarter Report April 1, 2023 through June 30, 2023
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee (LINC)
CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2022-2023 (April - June 2023)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the fourth quarter FY 2022-2023 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• CDBG Advisory & Housing Opportunity Committee
• Library & Literacy Commission
• Parks & Leisure Services Commission
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. CDBG Advisory and Housing Opportunities Committee

4. Library & Literacy Commission

5. Parks & Leisure Services Commission
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Transactions and Use Tax Oversight Committee As of: March 31, 2013 Attendance Records
2011 2011 2011 2012 2012 2012 2012 2013
16-Jun 21-Jul 18-Aug 4-Jun 18-Jul 22-Aug 12-Dec 13-Mar
Gary Mekeel A P A A A A A A Apptd 04/2010 thru 05/2014
Michael Pavone A A P P P A A Resigned Apptd 04/2010 thru 05/2014 Adrian Monte Reyes P P P Term ended Term expired 5/2012.

Khris Saleh A P P T P A P A Apptd 04/2010 thru 05/2012
Charles Webber P P P P P P P P Apptd 04/2010 thru 05/2014 John Simonich P P P P P P P P Apptd. 01/2011 thru 05/2014.

Michael MacDonald P A P P P P P P Apptd 01/2011 thru 05/2014.

Gail Lemmen P P P A A P P P Apptd 09/2010 thru 05/2012.

John Dennis P P P P P P P P Apptd 09/2010 thru 05/2012.

Kent D. Hopper N/A A A Term ended Resigned 2/2012.

Margaret Stinson Appointed 5/12 P P P P P Apptd 05/2012.

Janet Meister N/A N/A N/A N/A N/A A P P Apptd 08/2012.

Bill Nebeker Appt. 2/12 to fill unexpired term of M. Pavone P Apptd. 02/12.

Transaction and Use Tax Oversight Committee As of: June 30, 2009 Attendance Records
2006 2006 2007 2007 2008 2009
20-Jul 9-Nov 3-May 7-Jun 21-May 9-Jun
Carman Martinez-Eoff A * * * * * 100% Passed away October 25, 2006 Teresa de la Rosa P P P A * * 75% Resigned July 13, 2007 Gregory Gillett P A P P P P 83%
Shirley Hickman P P P P P P 100%
Rick McIntire P P P P P P 100%
John Baumgartner P P A A A A 33%
Greg Shelton P P P P P P 100%
Jack Irish P P P A P P 83%
Dick Eckhoff A P A P P P 67%
Bob Gray P P P A P P 83%
Barbra Black * * A P P P 75% Appointed November 7, 2006 Josef Guerrero * * * * P A 50% Appointed August 7, 2007 .

Initial Two Year Term: (All 2-Year Term Members reappointed May 6, 2008 to serve 4-year term, expring on May 6, 2012.) John Baumgartner
Bob Gray
Shirley Hickman
Jack Irish
Josef Guerrero
Four-Year Term (Members' terms to expire May 2, 2010.)
Gregory Gillett
Rick McIntire
Greg Shelton
Dick Eckhoff
Barbra Black
Transaction and Use Tax Oversight Committee As of: September 30, 2009 Attendance Records
2006 2006 2007 2007 2008 2009
20-Jul 9-Nov 3-May 7-Jun 21-May 9-Jun
Carman Martinez-Eoff A * * * * * 100% Passed away October 25, 2006 Teresa de la Rosa P P P A * * 75% Resigned July 13, 2007 Gregory Gillett P A P P P P 83%
Shirley Hickman P P P P P P 100%
Rick McIntire P P P P P P 100%
John Baumgartner P P A A A A 33%
Greg Shelton P P P P P P 100%
Jack Irish P P P A P P 83%
Dick Eckhoff A P A P P P 67%
Bob Gray P P P A P P 83%
Barbra Black * * A P P P 75% Appointed November 7, 2006 Josef Guerrero * * * * P A 50% Appointed August 7, 2007 .

Initial Two Year Term: (All 2-Year Term Members reappointed May 6, 2008 to serve 4-year term, expring on May 6, 2012.) John Baumgartner
Bob Gray
Shirley Hickman
Jack Irish
Josef Guerrero
Four-Year Term (Members' terms to expire May 2, 2010.)
Gregory Gillett
Rick McIntire
Greg Shelton
Dick Eckhoff
Barbra Black
Transaction and Use Tax Oversight Committee As of: March 31, 2010 Attendance Records
2006 2006 2007 2007 2008 2009
20-Jul 9-Nov 3-May 7-Jun 21-May 9-Jun
Carman Martinez-Eoff A * * * * * 100% Passed away October 25, 2006 Teresa de la Rosa P P P A * * 75% Resigned July 13, 2007 Gregory Gillett P A P P P P 83%
Shirley Hickman P P P P P P 100%
Rick McIntire P P P P P P 100%
John Baumgartner P P A A A A 33%
Greg Shelton P P P P P P 100%
Jack Irish P P P A P P 83%
Dick Eckhoff A P A P P P 67%
Bob Gray P P P A P P 83%
Barbra Black * * A P P P 75% Appointed November 7, 2006 Josef Guerrero * * * * P A 50% Appointed August 7, 2007 .

Initial Two Year Term: (All 2-Year Term Members reappointed May 6, 2008 to serve 4-year term, expring on May 6, 2012.) John Baumgartner
Bob Gray
Shirley Hickman
Jack Irish
Josef Guerrero
Four-Year Term (Members' terms to expire May 2, 2010.)
Gregory Gillett
Rick McIntire
Greg Shelton
Dick Eckhoff
Barbra Black
Transactions and Use Tax Oversight Committee
Attendance Records
2006 2007 2007 2008 2009 2010 2010 2010
9-Nov 3-May 7-Jun 21-May 9-Jun 4-Mar 11-Mar 27-Jun
Teresa de la Rosa P P A N/A N/A N/A N/A N/A 75%
Gregory Gillett A P P P P P P N/A 86%
Shirley Hickman P P P P P P P P 100%
Rick McIntire P P P P P P P N/A 100%
John Baumgartner P A A A A A A A 12%
Greg Shelton P P P P P P P N/A 100%
Jack Irish P P A P P P P N/A 86%
Dick Eckhoff P A P P P P P P 88%
Bob Gray P P A P P A A A 50%
Barbra Black N/A A P P P P P N/A 83%
Josef Guerrero N/A N/A N/A P A A A N/A 25%
Gary Mekeel N/A N/A N/A N/A N/A N/A N/A A 0%
Michael Pavone N/A N/A N/A N/A N/A N/A N/A P 100%
Adrian Monte Reyes N/A N/A N/A N/A N/A N/A N/A P 100%
Khris Saleh N/A N/A N/A N/A N/A N/A N/A P 100%
Charles Webber N/A N/A N/A N/A N/A N/A N/A P 100%
.

As of: March 31, 2010
Resigned July 13, 2007
Term expired 04/2010.

Term expired 04/2010.

Resigned 04/2010.

Reappointed 04/20/10.

Appointed 11/7/06; Term exp. 04/2010
Appointed 8/7/07; Resigned 3/2010
Apptd 04/2010 thru 05/2014
Apptd 04/2010 thru 05/2014
Apptd 04/2010 thru 05/2012
Apptd 04/2010 thru 05/2012
Apptd 04/2010 thru 05/2014
Transactions and Use Tax Oversight Committee As of: March 31, 2011 Attendance Records
2006 2007 2007 2008 2009 2010 2010 2010 2010
9-Nov 3-May 7-Jun 21-May 9-Jun 4-Mar 11-Mar 27-Jun 26-Aug Teresa de la Rosa P P A N/A N/A N/A N/A N/A N/A Resigned July 13, 2007 Gregory Gillett A P P P P P P N/A N/A Term expired 04/2010.

Shirley Hickman P P P P P P P P P
Rick McIntire P P P P P P P N/A N/A Term expired 04/2010.

John Baumgartner P A A A A A A A N/A
Greg Shelton P P P P P P P N/A N/A Term expired 04/2010.

Jack Irish P P A P P P P N/A N/A Resigned 04/2010.

Dick Eckhoff P A P P P P P P P Reappointed 04/20/10; Resigned 01/11.

Bob Gray P P A P P A A A N/A Resigned.

Barbra Black N/A A P P P P P N/A N/A Appointed 11/7/06; Term exp. 04/2010 Josef Guerrero N/A N/A N/A P A A A N/A N/A Appointed 8/7/07; Resigned 02/08/10.

Augie Gonzalez N/A N/A N/A N/A N/A N/A N/A P A Resigned 01/2011.

Gary Mekeel N/A N/A N/A N/A N/A N/A N/A A P Apptd 04/2010 thru 05/2014 Michael Pavone N/A N/A N/A N/A N/A N/A N/A P A Apptd 04/2010 thru 05/2014 Adrian Monte Reyes N/A N/A N/A N/A N/A N/A N/A P P Apptd 04/2010 thru 05/2012 Khris Saleh N/A N/A N/A N/A N/A N/A N/A P P Apptd 04/2010 thru 05/2012 Charles Webber N/A N/A N/A N/A N/A N/A N/A P P Apptd 04/2010 thru 05/2014 John Simonich N/A N/A N/A N/A N/A N/A N/A N/A N/A Apptd. 01/2011 thru 05/2014.

Michael MacDonald N/A N/A N/A N/A N/A N/A N/A N/A N/A Apptd 01/2011 thru 05/2014.

There were no meetings during this reporting period.

Transactions and Use Tax Oversight Committee As of: December 31, 2011 Attendance Records
2010 2010 2011 2011 2011
27-Jun 26-Aug 16-Jun 21-Jul 18-Aug
Gary Mekeel A P A P A Apptd 04/2010 thru 05/2014
Michael Pavone P A A A P Apptd 04/2010 thru 05/2014
Adrian Monte Reyes P P P P P Apptd 04/2010 thru 05/2012 Khris Saleh P P A P P Apptd 04/2010 thru 05/2012
Charles Webber P P P P P Apptd 04/2010 thru 05/2014
John Simonich N/A N/A P P P Apptd. 01/2011 thru 05/2014.

Michael MacDonald N/A N/A P A P Apptd 01/2011 thru 05/2014.

Gail Lemmen N/A N/A P P P Apptd 09/2010 thru 05/2012.

John Dennis N/A N/A P P P Apptd 09/2010 thru 05/2012.

Kent D. Hopper N/A N/A N/A A A Apptd. 7/2011 thru 05/2012.

No Meetings have taken place during this reporting period.

Animal Control Commission As of June 30, 2023
Attendance Records
2022 2022 2022 2022 2022 2023 2023
May June July 11-Aug 13-Oct 12-Jan 13-Apr Notes:

Kathy Guinn * * * P P P P
Jerry Hall * * * A P P P
Art Duron * * * P
Kat Harris * * * P P P P
Shawn Schwartzenberger * * P A P P
Lacy Goodlett P P P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2021 2021
Aug Sept Oct Nov Dec Jan Feb Notes:

Florenza Pizanis
No meetings held due to COVID.

Jerry Hall
Kathy Guinn
Kat Harris
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

Arts Commission As of June 30, 2023
Attendance Records
2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
2019 2019 2019 2019 2019 2020 2020 2020
28-Aug 25-Sep 23-Oct 27-Nov 25-Dec 22-Jan 4-Mar 24-Mar
Donna Serna A* ** A ** ** ** **
Kyree Perkins P* ** P ** ** ** P **
Emily Luna P* ** P ** ** ** P **
Diego Monterrubio A* ** A ** ** ** **
David Mason P ** ** ** P **
(Student) vacancy
* No meeting due to lack of quorum.
** Meeting Cancelled
No meetings held due to COVID-19.

No meetings held due to COVID.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of March 31, 2011
Year Originally Special Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 2/8/2010 3/15/2010 3/15/2010 Pat Contreras 1988 A P P
Linda Olmedo 1997 P P P
Grace Munoz-Rios 1992 P P P
Rudy Roman 1997 A A A
John Dennis 1998 P P P
Rebecca Vigil 2008 P A A
Kelle Jo Lowe 2009 A P P
This Committee meets on an annual basis in March.

No meetings were held during this reporting period.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of June 30, 2009
Year Originally Meeting
Committee Member Appointed 3/12/2009
Pat Contreras 1988 X
Linda Olmedo 1997 X
Grace Munoz-Rios 1992 X
Rudy Roman 1997 X
John Dennis 1998
Rebecca Vigil 2008 X
Kelle Jo Lowe 2009 X
CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of September 30, 2009
Year Originally Meeting
Committee Member Appointed 3/12/2009
Pat Contreras 1988 X
Linda Olmedo 1997 X
Grace Munoz-Rios 1992 X
Rudy Roman 1997 X
John Dennis 1998
Rebecca Vigil 2008 X
Kelle Jo Lowe 2009 X
This Committee meets on an annual basis in March. No meetings were held during this reporting period.

X = In attendance
CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of December 31, 2009
Year Originally Reg. Mtg
Committee Member Appointed 3/12/2009
Pat Contreras 1988 P
Linda Olmedo 1997 P
Grace Munoz-Rios 1992 P
Rudy Roman 1997 P
John Dennis 1998 A
Rebecca Vigil 2008 P
Kelle Jo Lowe 2009 P
This Committee meets on an annual basis in March.

No meeting was scheduled during this reporting period.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of March 31, 2010
Year Originally Reg. Mtg Special Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 Pat Contreras 1988 P A P
Linda Olmedo 1997 P P P
Grace Munoz-Rios 1992 P P P
Rudy Roman 1997 P A A
John Dennis 1998 A P P
Rebecca Vigil 2008 P P A
Kelle Jo Lowe 2009 P A P
This Committee meets on an annual basis in March.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of June 30,2010
Year Originally Reg. Mtg Special Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 Pat Contreras 1988 P A P
Linda Olmedo 1997 P P P
Grace Munoz-Rios 1992 P P P
Rudy Roman 1997 P A A
John Dennis 1998 A P P
Rebecca Vigil 2008 P P A
Kelle Jo Lowe 2009 P A P
This Committee meets on an annual basis in March.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of September 30, 2010
Year Originally Reg. Mtg Special Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 Pat Contreras 1988 P A P
Linda Olmedo 1997 P P P
Grace Munoz-Rios 1992 P P P
Rudy Roman 1997 P A A
John Dennis 1998 A P P
Rebecca Vigil 2008 P P A
Kelle Jo Lowe 2009 P A P
This Committee meets on an annual basis in March.

No meetings were held during this reporting period.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of March 31, 2011
Year Originally Reg. Mtg Special Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 3/14/2011 Pat Contreras 1988 P A P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P P
Rudy Roman 1997 P A A A
John Dennis 1998 A P P P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P A P P
This Committee meets on an annual basis in March.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of June 30, 2011
Year Originally Reg. Mtg Special Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 3/14/2011 Pat Contreras 1988 P A P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P P
Rudy Roman 1997 P A A A
John Dennis 1998 A P P P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P A P P
This Committee meets on an annual basis in March. No meetings were held during this reporting period.

CDBG Citizens' Advisory and Housing Opportunity Committee Attendance Report as of September 30, 2011
Year Originally Reg. Mtg Special Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/12/2009 2/8/2010 3/15/2010 3/14/2011 Pat Contreras 1988 P A P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P P
Rudy Roman 1997 P A A A
John Dennis 1998 A P P P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P A P P
This Committee meets on an annual basis in March. No meetings were held during this reporting period.

CDBG Citizens' Advisory and Housing Opportunity Committee As of June 30, 2023 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 Pat Contreras P P P P
Linda Mendez P P P A
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A
Isabel Olmos P P
Rebecca Contreras P P
Yalimar Garcia P
Jacqueline Verduzco Alanis P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

LIBRARY BOARD OF TRUSTEES - Attendace Record As of 12/31/09 P = Present A = Absent E = Excused absence
2003 2003 2004 2004 2004 2004 2004 2004 2004
Nov Dec Jan Feb Mar Apr May Sep Oct
13 11 15 12 11 13 9 12 Special Notes
Pam Clark P P P P P
Michelle Pengilly P P P Appt. 11/03
Margaret Slattery P P
Vicky Trueblood P P P P P P
Hector Villicana P P Appt. 11/03 for L.B.
2004 2004 2005 2005 2005 2005 2005 2005 2005
Nov Dec Jan Feb Mar Apr May Sep Oct
9 13 11 8 15 12 10 13 11
Pam Clark P P P P P
Joe Moreno P P P E Appt. 11/04 for M.S.

Michelle Pengilly A A A A Res. 9/05
Vicky Trueblood P P P P E
Hector Villicana P P P P P Re-appt. 11/04
2005 2005 2006 2006 2006 2006 2006 2006 2006
Nov Dec Jan Feb Mar Apr May Sep Oct
8 13 10 14 14 11 9 19 10
Pam Clark P P E P P P P P P
Joe Moreno P P A P P P A P P Re-appt. 10/05
Ellen Nichols P P P E P P P P P Appt. 10/05 for M.P.

Vicky Trueblood P A P P P A P A P
Hector Villicana P A A A P A A P P
2006 2006 2007 2007 2007 2007 2007 2007 2007
Nov Dec Jan Feb Mar Apr May Sep Oct
14 12 4* 13 13 10 8 11 9
Vikki Cervantes E P P P Appt. 1/07, Res. 7/07
Joe Moreno P P P P P P P P P
Ellen Nichols P P P P P P A E P Re-appt. 10/6
Sharon Patterson P P Appt. 9/07
Vicky Trueblood P P P P P P P P P
Hector Villicana P P P A P P A P P
*January's meeting was combined with the P & L Commision Board meeting for ethics training. 2007 2007 2008 2008 2008 2008 2008 2008 2008
Nov Dec Jan Feb Mar Apr May Sept Oct
13 11 8/22* 12 11 8 13 9 14
Obdulia Guzman Alvarado P P P* P P P P P P Appt. 10/07
Joe Moreno P E P P P P P P P
Ellen Nichols P P P P P P E P P
Sharon Patterson P P P P P P P P P
Hector Villicana P E P* P A P P P P Re-appt. 10/07
*There was a Special Session on January 22, 2008. Hector was absent and Obdulia had an excused absence. 2008 2008 2009 2009 2009 2009 2009 2009 2009
Nov Dec Jan Feb Mar Apr May Sept Oct
6* 9 13 10 10 14 12 8 13
Obdulia Guzman Alvarado T E P P P P E** P P
Joe Moreno P P P P P P E** P P
Ellen Nichols E P P P P P E** P E
Sharon Patterson P P P P E P E** P P Res. 11/09
Hector Villicana P A E P A E E** E Res. 9/09
2009 2009
Nov Dec
10 8
Obdulia Guzman Alvarado P E
Joe Moreno P P
Ellen Nichols P P Re-appt. 10/09
Catherine May P P Appt. 10/09
Joseph Carter P Appt. 11/09
Robert Levine P Appt. 10/09, Res. 11/09
*Board Members attending a joint commission ethics training on November 6th in lieu of their regular meeting. **Due to a foreseeable lack of quorum, this meeting was cancelled in advance. ***Special session called by the Chair.

LIBRARY BOARD OF TRUSTEES - Attendace Record As of 12/31/09 P = Present A = Absent E = Excused absence
LIBRARY BOARD OF TRUSTEES - Attendace Record As of 3/31/10 P = Present A = Absent E = Excused absence
2003 2003 2004 2004 2004 2004 2004 2004 2004
Nov Dec Jan Feb Mar Apr May Sep Oct
13 11 15 12 11 13 9 12 Special Notes
Pam Clark P P P P P
Michelle Pengilly P P P Appt. 11/03
Margaret Slattery P P
Vicky Trueblood P P P P P P
Hector Villicana P P Appt. 11/03 for L.B.
2004 2004 2005 2005 2005 2005 2005 2005 2005
Nov Dec Jan Feb Mar Apr May Sep Oct
9 13 11 8 15 12 10 13 11
Pam Clark P P P P P
Joe Moreno P P P E Appt. 11/04 for M.S.

Vicky Trueblood P A P P P A P A P
Hector Villicana P A A A P A A P P
2006 2006 2007 2007 2007 2007 2007 2007 2007
Nov Dec Jan Feb Mar Apr May Sep Oct
14 12 4* 13 13 10 8 11 9
Vikki Cervantes E P P P Appt. 1/07, Res. 7/07
Joe Moreno P P P P P P P P P
Ellen Nichols P P P P P P A E P Re-appt. 10/6
Sharon Patterson P P Appt. 9/07
Vicky Trueblood P P P P P P P P P
Hector Villicana P P P A P P A P P
*January's meeting was combined with the P & L Commision Board meeting for ethics training. 2007 2007 2008 2008 2008 2008 2008 2008 2008
Nov Dec Jan Feb Mar Apr May Sept Oct
13 11 8/22* 12 11 8 13 9 14
Obdulia Guzman Alvarado P P P* P P P P P P Appt. 10/07
Joe Moreno P E P P P P P P P
Ellen Nichols P P P P P P E P P
Sharon Patterson P P P P P P P P P
Hector Villicana P E P* P A P P P P Re-appt. 10/07
*There was a Special Session on January 22, 2008. Hector was absent and Obdulia had an excused absence. 2008 2008 2009 2009 2009 2009 2009 2009 2009
Nov Dec Jan Feb Mar Apr May Sept Oct
6* 9 13 10 10 14 12 8 13
Obdulia Guzman Alvarado T E P P P P E** P P
Joe Moreno P P P P P P E** P P
Ellen Nichols E P P P P P E** P E
Sharon Patterson P P P P E P E** P P Res. 11/09
Hector Villicana P A E P A E E** E Res. 9/09
2009 2009 2010 2010 2010 2010 2010
Nov Dec Jan Feb Mar Apr May
10 8 12 9 9 13 11
Obdulia Guzman Alvarado P E P P E
Joe Moreno P P P P P
Ellen Nichols P P P P P Re-appt. 10/09
Catherine May P P P E P Appt. 10/09
Joseph Carter P P P E Appt. 11/09
Robert Levine P Appt. 10/09, Res. 11/09
*Board Members attending a joint commission ethics training on November 6th in lieu of their regular meeting. **Due to a foreseeable lack of quorum, this meeting was cancelled in advance. ***Special session called by the Chair.

LIBRARY BOARD OF TRUSTEES - Attendace Record As of 3/31/10 P = Present A = Absent E = Excused absence
LIBRARY & LITERACY COMMISSION - Attendance Record As of: June 30, 2011 P = Present; A = Absent; E = Excused absence; T = Tardy 2003 2003 2004 2004 2004 2004 2004 2004 2004
Nov Dec Jan Feb Mar Apr May Sep Oct
13 11 15 12 11 13 9 12 Special Notes
Pam Clark P P P P P
Michelle Pengilly P P P Appt. 11/03
Margaret Slattery P P
Vicky Trueblood P P P P P P
Hector Villicana P P Appt. 11/03 for L.B.
2004 2004 2005 2005 2005 2005 2005 2005 2005
Nov Dec Jan Feb Mar Apr May Sep Oct
9 13 11 8 15 12 10 13 11
Pam Clark P P P P P
Joe Moreno P P P E Appt. 11/04 for M.S.

As of: June 30, 2011
2008 2008 2009 2009 2009 2009 2009 2009 2009
Nov Dec Jan Feb Mar Apr May Sept Oct
6* 9 13 10 10 14 12 8 13
Obdulia Guzman Alvarado T E P P P P E** P P
Joe Moreno P P P P P P E** P P
Ellen Nichols E P P P P P E** P E
Sharon Patterson P P P P E P E** P P Res. 11/09
Hector Villicana P A E P A E E** E Res. 9/09
2009 2009 2010 2010 2010 2010 2010 2010 2010
Nov Dec Jan Feb Mar Apr May July Aug
10 8 12 9 9 13 11 13*** 10
Obdulia Guzman Alvarado P E P P E P P P E
Joe Moreno P P P P P P P P P
Ellen Nichols P P P P P P E P P Re-appt. 10/09
Catherine May P P P E P P P P T Appt. 10/09
Joseph Carter P P P E P E P P Appt. 11/09
Robert Levine P Appt. 10/09, Res. 11/09
2010 2010 2010 2010 2010 2010 2011 2011 2011
Sept Sept Oct Oct Nov Dec Jan Feb Mar
14 27* 11* 12 9 14 11 8 8
Obdulia Guzman Alvarado P P T T P * * * * Term Expired 10/10 Joe Moreno P A P P P P P P E
Ellen Nichols P P P P P P P P E Re-appt. 10/09
Catherine May P A P P P E P P P Re-appt. 10/10
Rebecca Grayson P P P P P Appt. 10/10
Joseph Carter P P P E P E E P E Appt. 11/09
Mary Leavitt P P Appt. 1/11
Stephanie Cortez P P Appt. 1/11
*Special session called by the Chair.
2011 2011 2011 2011 2011 2011 2011 2011 2011
Apr Apr May June July Aug Sept Oct Nov
12 23* 10 14*
Joe Moreno P E E E
Ellen Nichols P P P P Re-appt. 10/09
Catherine May P P P P Re-appt. 10/10
Rebecca Grayson P E P P Appt. 10/10
Joseph Carter P P P P Appt. 11/09
Mary Leavitt P P E P Appt. 1/11
Stephanie Cortez P P E P Appt. 1/11
LIBRARY & LITERACY COMMISSION - Attendance Record As of: June 30, 2011 P = Present; A = Absent; E = Excused absence; T = Tardy *Special session called by the Chair.

LIBRARY & LITERACY COMMISSION - Attendance Record As of: June 30, 2011 P = Present; A = Absent; E = Excused absence; T = Tardy LIBRARY & LITERACY COMMISSION - Attendance Record As of: June 30, 2011 P = Present; A = Absent; E = Excused absence; T = Tardy 2010 2010 2010 2010 2010 2010 2011 2011 2011
Sept Sept Oct Oct Nov Dec Jan Feb Mar
14 27* 11* 12 9 14 11 8 8
Obdulia Guzman Alvarado P P T T P * * * * Term Expired 10/10 Joe Moreno P A P P P P P P E
Ellen Nichols P P P P P P P P E Re-appt. 10/09
Catherine May P A P P P E P P P Re-appt. 10/10
Rebecca Grayson P P P P P Appt. 10/10
Joseph Carter P P P E P E E P E Appt. 11/09
Mary Leavitt P P Appt. 1/11
Stephanie Cortez P P Appt. 1/11
*Special session called by the Chair.
2011 2011 2011 2011 2011 2011 2011 2011 2011
Apr Apr May June July Aug Sept Oct Nov
12 23* 10 14* 14* 9** 13
Joe Moreno P E E E P P
Ellen Nichols P P P P P P Re-appt. 10/09
Catherine May P P P P P P Re-appt. 10/10
Rebecca Grayson P E P P A P Appt. 10/10
Joseph Carter P P P P P Appt. 11/09; resigned 7/11.

Mary Leavitt P P E P P E Appt. 1/11
Stephanie Cortez P P E P P E Appt. 1/11
Allan Bailey Appt. 9/11
*Special session called by the Chair.

LIBRARY & LITERACY COMMISSION - Attendance Record As of: September 30, 2011 P = Present; A = Absent; E = Excused absence; T = Tardy 2010 2010 2010 2010 2010 2010 2011 2011 2011
Sept Sept Oct Oct Nov Dec Jan Feb Mar
14 27* 11* 12 9 14 11 8 8
Obdulia Guzman Alvarado P P T T P * * * * Term Expired 10/10 Joe Moreno P A P P P P P P E
Ellen Nichols P P P P P P P P E Re-appt. 10/09
Catherine May P A P P P E P P P Re-appt. 10/10
Rebecca Grayson P P P P P Appt. 10/10
Joseph Carter P P P E P E E P E Appt. 11/09
Mary Leavitt P P Appt. 1/11
Stephanie Cortez P P Appt. 1/11
*Special session called by the Chair.
2011 2011 2011 2011 2011 2011 2011 2011 2011
Apr Apr May June July Aug Sept Oct Nov
12 23* 10 14* 14* 9** 13
Joe Moreno P E E E P P
Ellen Nichols P P P P P P Re-appt. 10/09
Catherine May P P P P P P Re-appt. 10/10
Rebecca Grayson P E P P A P Appt. 10/10
Joseph Carter P P P P P Appt. 11/09; resigned 7/11.

Mary Leavitt P P E P P E Appt. 1/11
Stephanie Cortez P P E P P E Appt. 1/11
Allan Bailey Appt. 9/11
*Special session called by the Chair.
**No meeting due to lack of a quorum.

LIBRARY & LITERACY COMMISSION - Attendance Record As of June 30, 2023 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May
Kim Baumgardner P P P P E P P P P P
Patience Christenson P P E E E P P* A A P
Esther Figueroa P P P P P P P P P P
Edith LaVonne P P P P P P P P P P
Susan Uptain P P P P P P P A A P
Fernando Serrano P P P P P A A P
Sonya Lopez P P P P P P P P
*Attended via Zoom as non-voting member.
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July
Catherine May P P P P P P P P
Esther Figueroa P P P P P P P P
Edith La Vonne P P P P P P P P
Patience Christenson P E P E P P P P
Kim Baumgardner P P P P P P P P
Susan Uptain P P P E P P P P
Leslie Pelon P
Karen Stover P P P P P E P
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
Catherine May P E P P P P ** P
Esther Figueroa P P P P P P ** P
Edith La Vonne P P P P P P ** P
Patience Christenson P E P P P P ** P
Kim Baumgardner P P P P P P ** P
Susan Uptain P P P P P E ** P
Leslie Pelon P P P P P P ** E
Parks & Leisure Services Commissioner's Record of Attendance Parks & Leisure Services Commissioner's Record of Attendance 2005 2005 2006 2006 ### 2006 2006 2006 2006
Nov Dec Jan Feb Mar Apr May June July
03 28 05 2 2 13 4 1 6
Grace Munoz-Rios P P P P P P E P E
Greg Shelton P P P P P P P P P
George Luna P A P P P E P P E
Joe Ruiz P P P P P P P E P
Tom O'Sullivan P P P P P P P P P
John Hardin P P P P P P P P P
Chris Edwards P P P P P P E P P
Cathy Capone** P P P P P P A A
7 7 8 8 8 7 6 6 5
P = Present at meeting E = Excused Absence
Parks & Leisure Services Commissioner's Record of Attendance 2006 2006 2007 2007 ### 2007 2007 2007 2007
Nov Nov Jan Feb Feb Apr May May July
2 30 4 1 27 10 10 31 12
Grace Munoz-Rios A P P P E E E P P
Greg Shelton P P P P P P P P P
George Luna P E P A P P E E P
Joe Ruiz P P E P P P P P P
Tom O'Sullivan P P P E P P P P P
John Hardin P P E P P P P P P
Chris Edwards P P P P P P P P P
Cathy Capone E P P P P A P P P
6 8 6 6 7 6 6 7 8
Meetings for the months of December 2006, March and Jun 2007 were scheduled one week sooner to enhance attendance ca Parks & Leisure Services Commissioner's Record of Attendance 2007 2007 2008 2008 2008 2008 2008 2008 2008
Nov Dec Jan Feb Mar Apr May June July
1 6 3 7 6 3 1 5 10
Donald W. Beardsley P P P P P P P P P
Greg Shelton P P P P P P P P P
George Luna A P P P E P P E E
Joe Ruiz P P P P P P P P P
Tom O'Sullivan P P P P P P P P P
Charles F. Webber P P P P P P P P P
Chris Edwards E P P P P P P P P
Cathy Capone E P E A P P P P P
6 8 7 7 8 8 8 8 7
P = Present at meeting E = Excused Absence A = Absent
2006 2006 20062006
Aug Aug Sept Oct
3 10 7 5

P P P P

P A P P

P P P P
E P P P Appted. 01/31/06***
7 4**** 8
A = Absent
2007 2007 2007
Aug Sept Oct
2 6 4
A E P
P P P
A P P
P E E
P P P
P P P
P P E
P P P
6 6 6
2008 2008 2008
Aug Sept Oct
14 4 2
P P P Appt. 10/07
P P P ApptFT10/07
f Attendance
f Attendance
xcused Absence
f Attendance
cember 2006, March and June
er to enhance attendance capabilities
f Attendance
P P A Appt. 10/07
P P P
P P P
P P P Appt. 10/07
P P P
P A P
8 7 7
ce A = Absent
As of: September 30, 2011
Parks & Leisure Services Commissioner's Record of Attendance 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct
4 2 6 3 3 7 5 2 7 4 1
Donald W. Beardsley T T T T A T P T P * P FT Exp 10/11
Rocco Calantone P P P E P P P E E * P FT Exp 10/11
Gary Ingraham P E P P P P P * P PUSD Rep.

Case Lok P P P P P P P P P * P FT Exp 10/13
Monte Moore P P T P P P P P P * P FT Exp 10/13
Charles F. Webber P P P P P P P P P * P FT Exp 10/11
Leticia Lupio P P P P P T T P P * P FT Exp 10/13
Rick Vafeades P P P P P P P P P * P FT Exp 10/13
7 7 8 6 7 8 8 7 7 8
* Lack of quorum. Informational discussion only.

P = Present; E = Excused Absence; A = Absent; T = Tardy Parks & Leisure Services Commissioner's Record of Attendance 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct
5 3 8 4 4 1 6 3 1 5 2 7
Donald W. Beardsley P P P A A P P A P P P P FT Exp 10/11 Rocco Calantone P P P P P P A P P P P E FT Exp 10/11
Cathy Capone P P T P P A P * * * * * *Resigned
Case Lok P P E P P P P P P P E E FT Exp 10/13
Monte Moore P P P P P P P E P P P P FT Exp 10/13
Charles F. Webber P P P P P P P P P P P P FT Exp 10/11
Leticia Lupio P P P P P P P P P P P P FT Exp 10/13
Rick Vafeades P P P P P P P E P P P P FT Exp 10/13
8 8 7 7 7 7 7 4 7 7 6 5
P = Present; E = Excused Absence; A = Absent; T = Tardy As of: September 30, 2011
Parks & Leisure Services Commissioner's Record of Attendance 2008 2008 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct
6 4 8 5 5 2 12 4 2 6 4 1
Donald W. Beardsley E T A P P P P E P A P P FTExp 10/11 Greg Shelton P* T T P P P P P P P P P FT Exp 10/09
George Luna T P P P E E P P A A P P FT Exp 10/11
Joe Ruiz P P P E P E P P P P P T FT Exp 10/09
Tom O'Sullivan P P P P P P E E P P P P FT Exp 10/09
Charles F. Webber E P P P P P P P P P P P FT Exp 10/11
Chris Edwards P E P P P P P P E P A P FT Exp 10/09
Cathy Capone E P P A T P P P P A P A FT Exp 10/11
6 7 7 6 7 6 7 6 6 5 7 7
P= Present at Meeting E= Excused at Meeting A= Absent
Parks & Leisure Services Commissioner's Record of Attendance 2007 2007 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct
1 6 3 7 6 3 1 5 10 14 4 2
Donald W. Beardsley P P P P P P P P P P P P Appt.FT10/07 Greg Shelton P P P P P P P P P P P P ApptFT10/05
George Luna A P P P E P P E E P P A Appt.FT10/07
Joe Ruiz P P P P P P P P P P P P Appt FT10/05
Tom O'Sullivan P P P P P P P P P P P P Appt FT10/05
Charles F. Webber P P P P P P P P P P P P Appt.FT10/07
Chris Edwards E P P P P P P P P P P P Appt.FT10/05
Cathy Capone E P E A P P P P P P A P Appt.FT10/07
5 8 7 7 8 8 8 8 7 8 7 7
P = Present at meeting E = Excused Absence A = Absent
PARKS & LEISURE SERVICES COMMISSION As of June 30, 2023

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P A P E E P P E P A
Diane Graybehl ** ** E P P P P P E P P E
Kieran Daly ** ** P P A P P P P P E P
Janet Uresti ** ** P P P P P P P A P P
Tom Fiormonti ** ** P P P P P E P P P E
Jason Gurrola ** ** E P P A A P P P P P
Jason Pommier ** ** P P E P P P E P P P
Arlene Pena ** ** P A P P P P E A A A
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

P = Present; E = Excused Absence; A = Absent; T = Tardy Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P ** P E P P P A
Diane Graybehl ** ** P P P ** P P P P P P
Kieran Daly ** ** P P P ** A E P P P P
Janet Uresti ** ** P P E ** P P P P P P
Tom Fiormonti ** ** P P P ** P P P P P P
Jason Gurrola ** ** P P E ** P P P E P P
Jason Pommier ** ** P P P ** P P P P P P
Arlene Pena ** P P P ** A P P P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

P = Present; E = Excused Absence; A = Absent; T = Tardy Parks & Leisure Services Commissioner's Record of Attendance 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** P ** ** P ** ** A ** ** A E
Diane Graybehl ** P ** ** P ** ** P ** ** P E
Kieran Daly ** E ** ** P ** ** A ** ** E E
Janet Uresti ** P ** ** P ** ** P ** ** P P
Tom Fiormonti ** P ** ** P ** ** P ** ** P P
Jason Gurrola ** P ** ** P ** ** P ** ** P P
Jason Pommier ** P ** ** P ** ** P ** ** P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

P = Present; E = Excused Absence; A = Absent; T = Tardy CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: OHV Park Quarterly Report FY 2022-2023 (April - June 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the OHV Park for informational purposes. The report reflects the Fourth Quarter (April - June 2023) for FY 2022-2023.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. OHV Park Quarterly Report (April - June 2023) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Apr-22 Apr-23 May-22 May-23 Jun-22 Jun-23
Riders 127 174 92 80 161 130
Revenue $ 1,905.00 $ 4,350.00 $ 2,200.00 $ 2,000.00 $ 3,785.00 $ 3,250.00 Days Open 8 6 8 5 8 9

PORTERVILLE OHV RIDERSHIP
CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Golf Course Quarterly Report FY 2022-2023 (April - June 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Porterville Golf Course for informational purposes. The report reflects the Fourth Quarter (April - June 2023) for FY 2022-2023.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Golf Course Quarterly Report (April - June 2023) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Apr-22 Apr-23 May-22 May-23 Jun-22 Jun-23
Golfers 2734 1997 2864 2540 2636 2397
Repeat 9/Twilight 1492 1033 1556 859 1343 988
Tickets Used 1100 768 1251 1187 1264 865
Passes Sold 39 27 43 35 39 61
Carts 1136 909 2864 1112 1152 1037
Total $26,025.50 $22,484.00 $26,864.50 $28,479.00 $24,132.50 $30,519.00 Apr-22 Apr-23 May-22 May-23 Jun-22 Jun-23
18-hole adult 0 0 2 0 2 0
18-hole youth 0 0 3 0 3 0
Cart rental 0 0 0 0 0 0
Ball rental 0 0 0 0 0 0
Party 0 0 0 0 0 0
Total $0.00 $0.00 $35.00 $0.00 $35.00 $0.00
GRAND TOTAL $26,025.50 $22,484.00 $26,899.50 $28,479.00 $24,167.50 $30,519.00 * Repeat 9: Additional 9 rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole * Passes: Monthly Passes sold

PORTERVILLE GOLF COURSE STATISTICS

FOOTGOLF
CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Street Performance Measure Quarterly Report FY 2022-2023 (April - June 2023)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the third quarter of FY 2022-2023 (April - June 2023). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street repairs and pothole repair efforts during this third quarter reporting period. Villa Street reconstruction (Olive Avenue to Henderson Avenue) and Main Street reconstruction (Olive Avenue to Morton Avenue) have been awarded and are both set to begin construction imminently. Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2022-2023 Level of Service Progress Report 4th quarter

2. 2022-2023 Level of Service Progress Report 3rd quarter Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
2022/2023 Level of Service Report 4th QUARTER REPORT - July 1, 2022 - June 30, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction.(Length represents street lanes) 4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 22/23: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF
6000 LF
10000 LF
14000 LF
18000 LF
22000 LF
26000 LF
30000 LF
34000 LF
38000 LF
42000 LF
48000 LF
52000 LF
Total FY 22/23: 85,958 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 22/23: 0 Lineal Feet

CITY OF PORTERVILLE
2022/2023 Level of Service Report 3nd QUARTER REPORT - July 1, 2022 - March 31, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 22/23: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 22/23: 52,760 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 22/23: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 22/23: 49,550 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 03/31/2023
3rd QUARTER REPORT - July 1, 2022 - March 31, 2023
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2022-2023\2022-2023 Level of Service Progress Report 3nd quarter.xls CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Building Permit Activity Quarterly Report FY 2022-2023 (April - June 2023) SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of April, May and June 2023. The two main categories include new residential permits issued and new commercial permits issued.
4th Quarter of FY 2021/2022 compared to 4th Quarter of FY 2022/2023 New residential permits issued during the 4th quarter of 2022/23 (18) showed a

5.26% decrease from the 4th quarter of 2021/22 (19). New commercial permits issued during the 4th quarter of 2022/23 (0) showed a 100% decrease from the 4th quarter of 2021/22 (1).

Year-to-Date (July 2022 to June 2023)
New residential permits issued this fiscal year (79) are down 28.83% compared to the same period last fiscal year (111). The number of commercial permits issued this fiscal year (4) is down 60% from the same period last fiscal year (10).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Activity Report - April 2023

2. Building Activity Report - May 2023

3. Building Activity Report - June 2023
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Code Enforcement Quarterly Report FY 2022-2023 (April - June 2023) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between April 1, 2023 through June 30, 2023. During the fourth quarter of Fiscal Year 2022-2023, each department of the City contributed towards recording 871 code enforcement issues. Of these, 634 were corrected and 237 were continued into the first quarter of Fiscal Year 2023-2024 for additional corrective action. The Code Enforcement Division issued 132 Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received fifty-one (51) complaints specific to recreational vehicles, boats, and trailers, of which twenty-seven (27) had been completed at the time of this report.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Code Enforcement Quarterly Report (April - June 2023) Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 4, FY 22-23
Q4 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 26 18 69.23% $100 11 13 31 53 $10,800 Animals- agricultural animals 1 1 100.00% $200 3 4 5 11 $4,600 Animals- barking dogs 27 25 92.59% $500 8 12 7 36 $31,500 Animals- keeping too many or unauthorized species 13 11 84.62% $1,000 2 3 16 30 $51,000 Animals- roosters 4 4 100.00% $2,500 23 0 0 2 $62,500
Building Department/ Permits 30 7 23.33% FY 22-23 Total Assesment 47 32 59 132 $160,400 Business License Inquiries 1 1 100.00%
CEO, Building permit check 1 1 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 2 2 100.00% Collected 39 49 130 54 272 CEO, Shopping Carts 28 27 96.43% Disposed (Lbs.) 0 0 0 0 0 CEO, Sign Removal 105 105 100.00%
Code Enforcement, General 66 46 69.70% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 7 6 85.71% Voluntary Abatement 3 11 39 50 103 Engineering 4 0 0.00% Certified Voluntary Abatement 0 1 1 3 5 Fences and freestanding walls 2 1 50.00% Towed 5 1 11 3 20 Fire Hydrant Leaking 2 0 0.00% Total Vehicles Abated 8 13 51 56 128 Fireworks 2 2 100.00%
Garbage Collection/ Illegal Dumping 6 1 16.67%
Graffiti 16 16 100.00% Weed Abatement Q1 Q2 Q3 Q4 Total Health Hazard 19 4 21.05% Properties Noticed 12 3 1633 12 1660 Housing Issue (Structure Related) 3 1 33.33% Completed by Owner 116 2 7 1,667 1792 Itinerant Vendor, Solicitor, Peddler 53 53 100.00% Assigned to Contractor (private) 0 0 0 7 7 Landscaping/trees- private property 17 9 52.94% Completed by Contractor 0 0 0 7 7 Meter Request 52 17 32.69% Admin Citations 0 3 0 22 25
Neglected property/trash & debris 4 0 0.00%
Outdoor Storage 8 3 37.50%
Parks 9 1 11.11%
Police/ Traffic Enforcement 51 40 78.43%
Potholes 37 37 100.00%
Redevelopment 1 0 0.00%
Refuse Can Replacement / Repair 22 12 54.55%
Report Leak 42 35 83.33%
Sheds or second units 1 1 100.00%
Sidewalk Condition 19 4 21.05%
Signs- Temporary 1 0 0.00%
Stop Light Issue 6 5 83.33%
Street Sweeping 2 2 100.00%
Vehicles- inoperable vehicles 24 16 66.67%
Vehicles- Parked on lawn 7 2 28.57%
Vehicles- RVs/boats/etc 51 27 52.94%
Water Waste 11 11 100.00%
Water Waste Admin Cite 3 3 100.00%
Water Waste NOV 26 26 100.00%
Weed Abatement 50 42 84.00%
Yard Sale Signage 1 1 100.00%
Yard Sales, Frequent 8 8 100.00%
Q4 Total 871 634 65.86%
CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2023 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to June 30, 2023, there have been no charitable car wash applications received or permits issued.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the finance department not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) Item No. 1.

CITY COUNCIL AGENDA – AUGUST 1, 2023
SUBJECT: Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
SOURCE: Public Works
COMMENT: After soliciting bids, the County of Tulare has awarded it's Fiscal Year 2023- 2024, 3/8" Cold Mix Asphalt contract, 1/2" Cold Mix Asphalt contract, as well as its 1/2" Hot Asphalt Concrete contract, to Jaxon Enterprises. These types of asphalt mixes are used for the City's Asphalt Overlay Program, and staff is requesting authorization to "piggyback" onto the new contracts for the purchase of asphalt mixes for the Fiscal Year 2023-2024 Program. Resolution No. 35-93, adopted by the City Council on April 20, 1993, gives the authorization to participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services.

Funds for asphalt purchase are available in the Fiscal Year 2023-2024 SelfPerformed Asphalt Overlay Program Capital Improvement Budget funded by Surface Transportation Program (STP), Local Measure R, Measure I, and Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council authorize the purchase of asphalt mix utilizing the contracts between the County of Tulare and Jaxon Enterprises.

ATTACHMENTS: 1. Tulare County Material Contract No. 1902 - 3/8" Cold Mix

2. Tulare County Material Contract No. 1904 – 1/2” Cold Mix

3. Tulare County Material Contract No. 1905 – 1/2” Hot
Asphalt Concrete

4. Resolution No. 35-93
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
• G·SA
•
June 21, 2023
Jaxori Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1902- 3/8" COLD MIX- NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 3/8" Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date ofthe manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier; by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291 DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips Which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's 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's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

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 discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims 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.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

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.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.

Material Contract
Page Two
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the· purchase agreement.

CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent. ' CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform 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 federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR'S payments. b. Make state or federal unemployment insurance contributions 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. Obtain unemployment compensation insurance on behalf of CONTRACTOR Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
Page Three
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 INDEMNIFICATION: CONTRACTOR 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 kind, 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 Contract.

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 employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.

It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the productto meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.

Material Contract
Page Four
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 etseq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. . A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR's full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract's expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY's option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

Material Contract
Page Five
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision -of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE
Date By __________________________ _
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By __________________________ _
Title _________________________ _
Date By __________________________ _
Title __________________________ __
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both ( 1) the chairman of the Board of Directors, the president or any vice-president (or another officerhaving general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation's Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 6/26/2023
Pres
6/27/2023
VENDOR NO.:

VENDOR NAME:

STREET ADDRESS:

CITY STATE ZIP CODE:

ORDER FROM:

STREET ADDRESS:

CITY STATE ZIP CODE:

REMIT TO:

STREET ADDRESS:

CITY STATE ZIP CODE:

SUBJECT:

COMMODITY CODE:

CONTRACT PERIOD:

PAYMENTTERMS:

SALES TAX:

DELIVERY:

MINIMUM ORDER:

MERCHANDISE RETURNS:

PRICES:
1241600

JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

JAXON ENTERPRISES
PO BOX 994248
REDDING, CA 96099-4248
CONTRACT NO.: 1902
BID/PROPOSAL NO.: 24-006
PHONE: (530) 241-2112
FAX: (530) 243-0787
VENDOR CONTACT NAME:

DON THOMASON
E-MAIL:
dthomason@ jaxonaggregates.com
3/8" COLD MIX MATERIAL- NORTH/SOUTH COUNTY
74514
JULY 1, 2023 THROUGH JUNE 30,2024
NET 1%30 DAYS

IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
F.O.B. PLANT LOCATION
NONE

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

SEE EXHIBIT B- COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 CONTRACT NO.: 1902
001 3/B" COLD MIX- NORTH/SOUTH COUNTY TON $54.75

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 Cold Mix Material 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. 3/8" PLANT RUN COLD MIX with OIL: $54.75 PER TON
Plant Run Cold Mix- 3/8" 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 California, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 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 liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT:

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
27671 AVENUE 120, PORTERVILLE, CA 93257
SMARA MINE ID 91-54-0021
Material Contract

Page 1 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

REQUEST FORBID
TillS IS NOt AN ORDER

COUNTY OF TULARE
office of

PURCHASING AGENT
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291-4593
Date: _....;:M=ay,_2=-4=;-=2=02=3'----
Req:242303924
REFER TO BID NO.
24 .. 006
By: Cher Castellini _
Phone: 559 -205-1100
Bids·:wiiLbe· received by the Tulare County Purchasing Agent, 2637 W. Burrel Ave_. Suite_ 200, Visalia, CA 93291-4593 until - 2:00 P.M~-on .JUNE 14,2023 . Delivery F.O.B. PLANT LOCATION - NOT_ICE: Bid on each item separately unless instructions read otherwise_. Attach complete ~PeGific~tions for any l)ubstitutions offered or when clarification ·is desirable or necessary. The right is reserved to reject any or ~~- ' ' ' Jndif::,ate BID .NUMBER an~· BID. CLOSING DATE on outside of envelope for paper bid S4brnissions. - ' -_- --' ' .. - - Bll:fNO~ 24-0os:ctbSING DATE: June 14 2023 · ., - . . . - ' ' ' -" ' ' ' ' %'?;,Y~" COLD;MIX.MATERIAL & 112'~ HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT The Tylare Cour~tyPurchasing Agent invites.bids to be submitted for the purchase of%;'-%" COLD MIX . MATERIAL &%''HOT MIX ASPHALT 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 Request-for Bidto _www.bidnetditectcom [email protected]. Any and all questions must be sut>mi~ed via www.bidnetdin!ct.com or [email protected] by 5:00 p.m. MAY 31. 2023, in -order to _ . . b~ co(lsidered .. \Qi.re~tion$ ·and answers wiiJ he distribUtecfto all bidders only ifnecessary toOcfadfy · . subsf~ntiyeJt~ms 'r~i~ed. ·NO changes and/6radditions will be made to this Requesttor Bid Wjtt)i!) f()rty (40) w~r,~i['lgi;h9.url) ofit~iclo~ing date. · · · · · .·-· ... -•. _.'"':·.'.f,-i<.'':' -___ . ; . . .... :- .

DEFAULT sv:.sticcess~iJhrBU)DER: )n cas~ of default by successf~l bidder ~y n_on·-deliv¢ry ~f article(s). and qr:lserilii~(sfqij or:;p~fqre\tne.~d~liy~r)fda~e: ·The County may, procure the artiCle( s) and--or, SE}t'Yice(s} · - from •c:u1otijer·S:q~f~e ~thd may r~cq~¢r ~g~ts frorn successful-bidder .. The succe~s{l:ll bidder :ni&Y:be tbcl,rg$d, . cost df;tran~portatipn', ttj~>9iffer~nr;Ef in'·:cost~·qf~rticle(s) and or service(s) based on Co_rjtrac~ il'lfo.r_r)l~tiorr.

The 00I:JIJtyteserye_$1h~ rightctg o~_.cqmpe~~~teo deducting monies owed to suc;:~es~fuLbidoElr':.fr?rn the COntr~cUnforma.tjoRanQ or iriyqieiiig the:$uccessful bidder upon nptification_ of the _default. . · , . - ., • "",.- ·•• •· • - - ~ : . ' ; .; ·'. - • • • • .:. ·' r : • - - INTENT: TheCo~htYis in.ne~d.ofGold Mix-andHot Mix Asphalt Concrete MateriaiJorits road:,Jir,ojeQt~·-• Que to'r9qf,~~s,rn~;:f~~t~9~~~. ·~. ~' mt?rE;·eco~b~i.s~ffc)r the ~ounty to ~w~r~ t:Vo (2)'c~_n!r;~gJs ... drl~J~r~1h~-:$~u~h- ... end·anq ofie:for.th~iNotth. ~rtd Oft~e .COIJrity., · F.or the purpol)e of th1s b1d, Avenue 232 w1ll be,used~asthe :. dividin}l line. : · - · · · · - - · - -- · ·
ATTACHED _SHEE-TS: Tn~ attach~d:sheets iOqicate the condition of the: bid and c;ontrac;t, ~pe~iijcati9ris, using"·depaiiments and~genC;ies; ~f1d estim$tectcjuantiti.es of the products to beused-fot on~ (t) y,ear.

Quantities estimated wfu: be. used for basis of·award and are based ori past year'$ usage. . ' ·-·' . ' ' ' . . ., . . . '" ' - - DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- %"-11:." COLD MIX MATERIAL & Y:." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE I

PARTICIPATION I
The County is currently a member of the Central Valley Purchasing Group which consists of Firesno, Kern, Kings and Tulare Counties, and the Political Subdivision, Municipalities and Tax Suppofjted 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 un~er 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~xorl tn-kryfi 1 <..-S tAba-. De.er Cr G~ 't- &Y?~ \,~ Address:ZI ~~I A.V<- \2..0 County: ~/o, t't:.

City() · State;-, ~ Zip(f3z_'5 7
·. W~viHt:- '-
Signed By: ~ ~ PfS:IT'1 f3>Al(El
Title: ~\~. . Date: ~ 1g, 2-oZ-~
Note: This signature page must be turned in with vour Bid

Page 2 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Yo" 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, bids 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 bid do9uments, all such documents shall become the property of the County.

L. Time of delivery shall '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 of delivery !11ay be a consideration in the award.

M. Prices will be considered as r1et if no cash discount is shown. ' .

N. Provide any other information notspecifically requested which may be considered by the • Purchasing Agent. (Pur(:hasing Agent is not obligated to consider any information not specifically reques;tedin this bid _n3quest.) · · · .-

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

Page 3 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006 -%"-Yo" COLD MIX MATERIAL & Yo" 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 pay,m.ent 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 delivery of the supplies or ~quip,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 of earning the dil?count, payment is deemed t() be made on th~ d~te of mailing of the County warrant .or check. ·

6. USAGE
Usage of materials will be interspersed arid periodic during the contract year, and as suchwillnot be subject to shipment of the total estimated :requii"ements at any one time. . . I · Page 4 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006 -%"-Yo" COLD MIX MATERIAL & Yo" 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 closing 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 Jess 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 ofitems, 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 v.endor bid prices are based only on an "al.I or none" award, vendor just so specify within the bid); and (5) to accept the bid that is in the best interest of the County of Tulare. The Purchasing Agent's decision shalf be final.

A combination of the foll9wing 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 satisfacto,Y goods or services in this instance D. Quality and conformance to specifications
the County shall be the sole judge in making this determination.

Page 5 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- %"-Yz" COLD MIX MATERIAL & Yz" 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 pefform 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 fiC}\. (Social Security) from CONTRACTOR'S payments. . . b. Make state .or fed~r~l: unemployment insurance contributions ori CONTRACTOR'S behalf . . c. : Witflhoid· state or federal income tax from payments to CONTRACTOR. . d:. Make (jisability insurance contributions on behalf of CONTRACTOR. e. ·Obtain unempl()ymEmt compen~ation insurance on behalf of CONTRACTOR. .

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have ,the ri.g~t to design~te the sites ·at which services are to be performed, and to monitor aryd eva{ljate the performance of CONTRACTOR to assure compliance with this Contract.

17. · RIGHTTO AUDIT
. .
. The County of Tul,are reserves the right to verify, by examination of the successful bidd~r's records, all . invoiced amduJ1ts.whenfirm prices.~re noiset forth in the Agreement or. purchase order resulting from · this bid. · · '· · · · · · · · · · · ·

18.. LIABILITIES
A The successful bidder.·shall holdth~ County of Tulare, its officers, agents; and employees harmless . ·from liability of any nafi)re orklnd beC~llJSe of' the ·use of any Copyrighted composition, secret . · process, patented Or unpatented. invention, articles or appliances furnished or used under the agreement orpurchas~_orderresulting from this bid, and agrees to defend; at successful bidder's own expens·e, any and all. actions brought against the County of Tulare or successful b.idder because of the unauthorized use of such articles. - ;·.··. . . . .

Page 6 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ''· -.- ·.•'
BID NO. 24-006 - %" -Yz" COLD MIX MATERIAL & 112" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employe~s 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, ttie 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' employees 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 wi_ll 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 cas~ of default by_ succesSful bidder by non-delivery of article(s) and or service(s) on or before - the delivery date. The County may procure the article(s) and or service(s) from another $puree and may' recover costs from successful bidder. The successful bidder may be charged, cost of transportation, the difference in cost of article(s) and or service(s) based on Contract information.

The ·county reser\!es the right to be compensated deducting monies owed tb succ::e~sful bidder - from the Contract infor:mation and qr invoicing the successful bidder upon notification of the default.: - - - · - -
B. _ lnsp~ctionon deliveries which do not meet specifications, wi,ll be at the expense of su'cc::essful - ~~- - '- -- -

20. PRICES
- --
During the peri()d .of deliv~rie~ 1Jnder an agreement or purchase order resulting from this bid, should there be a decr~ase _in pri.ces on the balance of the deliveries, such decrea.-ses shall b(fmade avail~ble - to the· County fqr a~ long ?~-the 16wer.pri-ces are in effect, but at no time shall tt.ie-piices chargeq tti~. _County exce~cf the prices he'rein quoted. - - - - - - . . . . -

21. DELIVERIES/PIQKUP
-__ courity person net or their representative will pick u-p material from the plant location as indicated by the -successful-bidder. Frequency of pick ~ps' will be determined-by the needs of ttie using department or _-- ~gencyand wUJ be ibtersp~rs~d throughout the ·contract year. The successful bfad_er shall be exp~cted - t6rn~intairi ~ norina_l deli~~rytime which is.established as being within forty~eight (48} hi:fur~ after - rec~ipt of order. - - - . - -
_The successfi.JJ bidder st1?il))e ~~pect~cjtoload materials into County's tnicks- in a prof~_ssion~l arid responsible; rhanhek; with :c~re notto. cause contamination. of m·aterials: . . : - . . . .

22. - CONTRACT EXCLUSIVE . -
The provisions of the agre~ment or purchase order resulting from this bid shall in no way prohibit the Countyfro_lll making ·any inCident~! purchases from anothe~ supplier for the same commodities as herein list~d - - · · · · - · · · · -

Page 7 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ' . ,. -::·'
BID NO. 24-006 - %" -%" COLD MIX MATERIAL & %" 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 invoi~s areto 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. . VENDORA$SISTANCE
.Successful bidd~r shall ~rnish, at nocostJo the County, a representative .to gssist County departments in determ{nin~f their prqdupt requirem.erits. . · · · · 27; 'RENEWAL
The contract or p~i"chase orqer resulting from this bid may be renewed, by mutlJal consent, for an . 'additional tbree' (3)01le (1 )'year terms p'rovided the prices, terms,. and conditions remain the same. - ' . . .. . . - . · 28 ... NON_;FlJNPING CLAUSE··
Funds provided .for commodities or services under the terms of this bid are. contingent on availability of public funds. Should suffiCient fun.ds not be allocated during those terms, amoullts duemay be . mpdified .qrt~rminated at etriy· time by the County upon thirty (30) day notice. Notice shall be fully given in. writing or through service iri person or by first class mail. . . 29 .. PARTICIPATION . . .
. .

The County is. currently.~ member of the Central Valley Purchasing Group which consist~ of Fresno, Kern, Kings, and Tulare Counties,· and the Political Subdivision,.Municipalitie~.and Tax Supported AgenCies within these CountY boundaries: Whenever possible; these entities wish to cg-op {piggy-back) ·on existing bids or propo$als. Please state if your bid or proposal will, or will not be extended to these ~ntities uhderthe same terrns .and conditions as stated fn thisbid or propo~al. . .

Page 8 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 --· ·-·:.- .... ··.·.·
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 an amount less than or equal to the low bid announced by the County.

County shal.l award the contract to the local vendor submitting the lowest responsible bid within. said . 4~ ,hours period .. If ho new bids received within said 48 hour period, the contract shall be awarded · to ttie original low bidder as announced by the County. · · · B. ''Local vendor" shall mean any business which:
c.

D.
(1)
(2) •
(3)
has had a fixe9 office or distribution point located in and having a street address within the County of Tulare for at leas~ six (6) rnonths immediately prior to the issuance ·Of the reques!for bids by the Cciurity; and . . . . .. . . . . holds any required business license by the County or any city witbin the County; and, ~ ' . . . - . empioy$.at least -~11e (1 ).full~~irne or two (2) part-time employees whose prirnary r~sidence i§ lpc::a~edwi,t~in th~ C.oun~y. or if the business ha~ rio employees, shall be' atleastflfty . j)ercenJ (50%rowned pyon"e or more persons whose primary residence islocated.within ~~~~· ,' ., ' ' ' . ' .

Any vendor claiming to be. a local vendor as defined above shall so c~rtify to the Purchasing Agent by indiqating ;y~s ~r no'' ~(31ciw and .signature .011 bid document. Th~ Cou11ty PU.~¢~~:u~ing .

Agent shall have sqle p(scretibn tcr determine if a vendor meets the definition of a "local vendor'' .. · •• -·-. •'.: .' '· • • <. . • •. - 1 '. ··- .,, - • - • • Any person ·or business f~ls~ly claiming to b.e a local vendor shall be ineligible to transact any . . Qusines$ with: tne ·cour~tY for a period. of ·not less than three (3) months or riot more than twenty- . . four (24.) rf:tcinths ~~ dete'rrJ:1in~d in thEi sole di~cretion of the Purchasing Agent. Th~ County s~all also have the. right to terminate E)ll or any part of any contract entered into with such' person or -. ~usiness.' ··-.- -' ·· · · · · · ·· · · · · - · · · · · - - · · E. Prior to the County de~lating ~ny person or business not a "local Ve!1dO( or ineligible to transact · . business:withthe Co~nty,,such perso.n or business st:uill be entitled to a,puJ:>Iic heatihg pefore. the F.

Board of SIJpeivisor!(~ndJo a_ fiv~ (5)'day notice of tfietime'and placedtlereof .. ,, ' ... ·.. . . . . - . . . . - . ·. . . ·'· / ._. . .. - ... . . . . . ' . . -- ·' ' .

This prE!fere'nce shall not apply to transacti~ns required by state or federal statutes or regulations to be aw13,rded tq tfi~ JII()West respC)f:!Sible bidder'', or otherwise exemp~~d fr'drn loc~l preferenCel$ .. . : . . . -·- - ··- . ' . - . - ;';- .. ,. ·. - .

Page 9 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- o/a"-W 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 loss 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.

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 opening 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 between them. . . . '
. 36.: HEADINGS.
' ' '
Headings are provided for ~,rganizatiohal purposes only and do_not in any manner affect the scope, meaning or intent of the -provisions under the headings. '

Page 10 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 .· . ' .. , ·-.. ~··: ":~ .·· .. :--.-- .
. . '· ·' .. ~!; . ·;, :·~ :-· .~ ' .

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 Eokc~kGS" 1 Po~ 99~Z.'-\~ 1 R~d;,),C.~ 9'o'j£f-Y2..YS 9~~o.K'6n "t'jj(~ol:\.-h~:S.Coh) 1 {J~J- 372-22.2.8
.D~ STATE REMITTANCE mailing address and telephone number for payment purposes:

Ja..,;on £nk/pri5CS fo 6vr qqc.jz<.J8J ~ec/J,~, ,CA 'IIPoCfCf- 4Z4& . . ) r . r 1 E. DEFAULT BY SUCCESSFUL BIDDER: In case of default by successful bidder by non-delivery . ofariicl.e(s) ·and or service(s)"oil or before the delivery date. The County may procure.the articie(s) and or se!Vice(s) froin another source and may recover costs from successful bidder.

The successful bicf.der may be charged; cost of transportation, the difference in cost ofarticle(s) and orservice(s) based on Conh:·act inforritation. The County reserves the right to be . compensated deducting monies owed to successful bJdder from the contract information and or invoiGing the successful l:)idder upori notification of the default. · E. COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as set forth in the attacn~d Exhibit B; apply. · · . . . .

Page 11 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W' 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.

FPPC Regulations 18438.1 through 18438.8
·https://govtwestlaw.corn/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 ·. ·5C705AOA11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29

40. NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMIC ·: . SAN~tiONS IMPOSED IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE . The,att.?cped E;xll!bit E sets out inforllJ~tion reg·arding the obligati{)ns of County Contr.actors to comply with .existing economic sanctions imposed by the U.S. government in response to Russia's · fjCtions in Ukraine, as well as any sanctions imposed under state law.

Page 12 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 -·· .... ,
' . . . ' ~- - -' .. _ .. -... ,. . ·,. •\
BID NO. 24-006 - %" -Y." COLD MIX MATERIAL & Yo" 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 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 Cq~nty Is exempt. California State Sales TaX wiU 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 ayoirdupois.

Bll:ll.RRICE:
. <~ : ·. %;, PLANTRUN·COLD;MIXWITH OIL .: ... -.· . ·, . ~· ._ ... : ·. ;· ·,.
· · · 4;ooo:rons tot.~l ,estima~ed. quantiW through June3o, 2024. • . • •..••• ··--·- •• ,. <" ••• ••• .. '·_· •. .. • • r \ ~
PER TQN,(inch.o~des alrf~es)
·'Y2"PlANTRUt\tCOU) MIXWITH ·otL .. _ . ., ·.··.
'14;000•Tons:totalestimat~d quantity through June 30, 2024 . . . ··:. · .... ··.· . ' ... .. ·· .

PER.TON (inGiudes ~II fees) ·
PER TON (iriCii;!des all·fees)

Page 13 ends

\
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"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. _o_\U'-1_:...__ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 1..1 lJ,-ll ~\IL \ 'Z.o, Por~v,'/1<..., Clrl , "sz. ~ 7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, attached.

Yz" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, Yz" 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
PER TON (includes all fees)
$ (pD oo 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 ~/ INDICATE PLANT LOCATION/SHIPPING POINT:'Z....( ~\) (l.v<... l l.JJ 1 ~or Wll ,"Jic.., c.14 •
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, a,~ z.5 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.

Page 14 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 . .: .. '.' .. ·-,,--.

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

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MA TIERS-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. · -

6. _ The · prospective primary participant agrees by submitting this bid that, should the _- proposed covered transaction_ be entered into, it shall not knowingly enter into any. !ower tier coyered transactjonvvith ~person who is proposed for debarment under.48 CFR part 9, _subpart . 9.4; _ debarred, ·suspended; . d~clared ineligible, or voluntarily excluded from participatiorr in this -_ covered transaction, unless authorized by the department or agency entering into this transaction. -

7. The prospective primary pa,ri:ic;ipant further agrees by submitting this_ bid thal it wi\1 include -the _clause titled. "Certifif:ation ~Regardi~'g Debarment, Suspe'n_siqn, Ineligibility anq _ \ioilintary E.xCiusion-LoWertier-Coye_re·~ Jfans~¢tion';, provided by the depattnienfot ager\CY en!e.rlng int()_ this covered transaction; _without modification, in all lower tier covered transactions and in all solicitations to'r lowedier covered transa-ctions. . . ' . . • • • • ' - ~· / "• • r~ • • .• " ' · __ Page 1Sof20 ·
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 . _, ... ·:_·.::·-:-: • -- i < ,.··
. "':. . ~--
BID NO. 24-006 - %" -'!." COLD MIX MATERIAL & '!." 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 oovered transaction that it is not proposed for debarment under .48- CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the cov~red -· 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 Nonprocureme'nt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment ()f a system of records in order to render iri good faith the certification required by this clause. The . knowledge and information of a participant is not required to exceed that which is normally · ~ pqssessed by a prudent person in the ordinary course of business dealings. - · · 1 o: 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 persq~ who is proposed for debarment Linder 48 CFR part 9, subpart 9.4, suspended, 'de:barre:Ci, · .: ineligible, or voluntarily exCiuqed . from. participation in this transaction, · in addition_· to other . remedies available to the -Federal Government, the department or agency may terminate this transaction for cause or default .

CERTIFICATION
I
--. ( 1} The prospective primary participant certifies to the .best of its knowledge and-b¢1ief; t~at : it'aod:its principa.ls: · • · ··- · · · -.-.... '. . ; ---- ..... · . . . - -~
. _· . (a), ' . Are· not ·pre~~ntly .deba.rr;ed, suspended, propos$d for qebarrt1ent dec;lar~d ---. _ in~HgibJe; or vglurit~Niy:ex91Lideii by any Federal department or a9e:~cy; · ·- · .- · · < . - . . . . - .- . . . -·· ~- . . - -. . ' . . . . ' . . . . - . . (b) -__ Have _not wit_hil1, a thr:~~ Y~.a.t peri()d pr;e:ceding this biQ ~~-~_n cprivicte~tof or - - . had a'~civiljudgo'l~ntrenq~r~d:~gainst t~em for comniis~ion offraud:or::a crihj_i~~~ ·. ·- .: . qffel1~~ iri colji.i:if:l'¢ti()h- with_: ()~t~iri,iog,_ a~~mpting to obtain, 'or p~tforning a\p.U,blfc • _· ·. · · (f~det~!• ·Stat~;-()r!o¢~\}_tran,~:aG~i_on_or,c()F!tract und~r a p~b_lic tr~n~aqticm;viol~tipQ- .· of Fed¢ral o(State antitrlist st~tues or commissior:i oJ embezilement ttl eft, forg~tjy; ·•·- .- qR,t;>,ery,:f~_l$i~c;~!ipo_ pr :9E$trud!o8; of records, maki!lg: ~aJse stat~mentsi ·0~ :r~¢~hii_ng. ~tol~n J:>rop~r1Y;: · :- - ·· , , -· · ·- · · - ~ · - · ~ · -· · : : · ··-

Page 16 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 -. > ·.'· --
BID NO. 24-006 - %"-W' COLD MIX MATERIAL & W' 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. 1A~~~ te.p
rinted Name Name of Agency or Company

Page 17 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ' .... -~.

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

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS - . . . ·.GENERAL
Summary
. This section applies to asphalt contained in materials for pavement structural sections and pavement surface tre~tmerits such as hot mix asphalt(HMA), plant run cold mix(PRCM), tack coat, asphaltic · erriulsions; 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 nionth the material is placed is more than 5 percent 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 effectfor the previous month as posted by Chevron, ExxonMobil, and CoriocoPhillips for the Buena Vista, · · Hu~tington Beach; and Midway· Sunset fields. · ·
lfa comp~ny discontinues posting its prices for a field, Cal trans determines the index from the · · • ieJ"Daining ·posted prices. Caltrans may include additional fields to determine the index. ..

For the California Statewide Crude Oil Price Index, go to:
http:liVoJINW;dot.ca.gov/hq/construc/crudeoilindex/
· If the, adjustment is a decrease. in payment, the County deducts the amount from the monthly· .. prpgre~s payi:nent. · · · · . . • ··,·-.' ! . ' '
. . . .. .. . . .
. ·. ··. ASPHALT QUANTITIES ·:····::-:'-'·.'··-· . ".\' . .... . : .·' , .· General
·. - "Jriterpr~~ th~J~rrn "ton" as "tonn~" for projects using metric ljnits . .- . ~ -. :~ : •·.-.·. . .. '' .. -__ .... ' .· . . '. .. . ~ . .- ... ~ . . . . ' : . : . . .. . .li.9f:,f~1i.~:.4~P,IJc:ii~PICI~t ·~llll·~old~M i?C · . ··Tti~--~Qgi_n~erpal~~~~testhe-·quaritity.ofasphalt in HMA or PRCM using the fo!lowi11g form_ulc;J: .. - - . . Qh =.HMA1Tx[Xat(10b +·Xa)] ·· . ,·.·-···· .. ·_._-:, ·.· ··. __ ;. . - ·- ·- ' where:'
-~ ';·: ,. . .. - '
.. ·• 'i. : ·., .9ti ::== qu~ntity .. i.r\ tons of asphalt used in HMA orPRCM HMATT~ HMA~(;rPRCM :total tons placed . .
· )(a= theoretical a$p~altconterit from job mix formula expressed as percentage of ·. the.weightofdry ~ggfegate · · · · · · . .< .
· . Page 18 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ·.:.·. .. :· ·. .. . -:. ~
BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
.. Xaa=Xta-[(100-Xnew) x (Xra/100)]
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 per~entage 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
... · Asphaltic Emulsion .
. The_ Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog ·.... s~aJs and-ta.ck coat, ~sing th~ foil_owing forrriula:
.Qe =AETT x (Xe:f.100)
where: ·- _ .. ,
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted (isphaltic emulsions ·total tons placed_ . . . ·. Xe = rtJiriimurri ·percent residue :specified in Section 94, "Asphaltic Emulsions." ofthe · ·. Stand~rctSp~cificc:ltionsb~sed on the type of eml.Jisio11 used · · ·· · · :;':.~.·. ".· .. ·.:-:-.. ~·,,·,·,::'.~.·-/·.,-·~ ... ·· :.-.' ' .... ·.

Page 19 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 . ' ~':.:. / ' :,. '" ;_ . . '" .. ' . ·, ·--
. BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"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 deqreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
wh.ere:

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 + :oe + Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rour1ded to the nearest $0.01.
· . For US Customar-Y projects, use:
· A= [(ILi./lb) - 1 _.05] x lb x [1 + {T /1 00)] for an increase in the crude oil price index exceeding 5 percent · ·
·A = [(lu /lb) .;. 0.95] x ib x [1 + (T I 1 00)] for a decrease in the crude oil price index · . . ·exceeding 5 percent
Fpr metric projects, use:
.. A= 1.1023 x[(lu /lb)- 1.05] x lb x [1 + (T /100)] for an increase in the cruqe .. : .. · oil price in~e:x'exceedlng 5 percent
· A=· ft023 x [(lu )lb )~ 0.95f.J( lb x [1 + (T /1 00)] for a decrease in the crude oil .· pr:ice'inde>(exc:eeding5 ·percent . . .·. .. "'· .. ·. - .

Ju = Califori)i~ ~t~~ewide Crude,O.ii Price_lr;~dex for the month in which the quantity of · :·.: ~~·P.J1~1($4_bj~cfto_ $<iJJustn1ent was.ptaced in the work. . · · · lp #: Califofnia·statewide Cr!Jde Oil Price Index for the month in which the bid opening for the project occurred '. . . '
T :::= .Si:He$ Sind_·u~e tax:rate,,expressed as a p-ercent, currently in effect in the tax jurisdictic:m . . • where the' mate'rii:ifis placed. lfthe tax' rate information is not submitted timely, 'the ... ·. . . . • ··stab;~\Vid~ s~l~s aQ91J~e:t~~r*~ is used. in the payment adjustment~lcu_ta~ions until t~e- . :tax rate_i~fofrry~tio~J~ sub~itte,d. . . . . - . -~ . . . ,,'. ,.

Page20 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 '~ : ":. . .

EXHIBIT C

NON-PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims fr;>r · inJuries to persons and damage 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/lbcation (ISO CG 25 03 or 25 04) or the general aggregatE! limit must be no lessthar\ $2,000,000.
2 .. Insurance Services Office. Form Number CA 00 01 covering Automobile Liability, (any auto) .of no less than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate .. · _·applies it must be no less than $2,000,000. · · ·

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, <!rid Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodiiy i~jury ~r . disease. .. .

B.. · Specific Provisions of the Certificate

1. If any ofthe required insurance is written on a claims made form, the retroactive date mustbe:before - the date of the contract or the beginning of the contract work and must be maintained 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 reflecting the following· provisjons: ·.- ·- · · · · ·· · · · · a.. -The COUNTY OF TULARE, it~ officers, agents, officials, employees qnd v.olunteers are ~o be.· .... covered (is izdditionai insured.s as respects: liabmty arising out. of :work. br. bperatiohs peiformed by·;r.:on beh~ifof the Cont;actor including mate;ials, pdrts,· or equlpiii~n( . · · ·' ju_rnish~d fn\:bf1n~r;t:ioh With.sufh work or operation. . . . . . .. - ... - -~ . . . . .. ' . .. . . .. ' . q ... For cinyc/airns re}ated. to this project, the CONTRACTOR's insurance coverage shall be #hmil,Y irilurahce cis ;esp~cts the COUNTY, its. officers, agenis; officials~. empJoye~s and . volunfeers.Anyirlsutanc~orself-insurant;e maintained by the courllfy, its officers, ag~hts, .. ·- . oft/iiais, 'erri~l y¢esor volu~~e~rs shqllbe excess of the coNT_RACTbR's lns~ranc~ Cinlishali · noi"contrlbute:witldt. ·~ - . . . , . . . . . . . ·' ";_ ,-. . ·-- . ., '·' " ~-- . . . . .
c. ~dch insurance polic~reqtiired by this agreement shall pr_ovide that coverage shall . · not be caricelei:l, ·exc~pt with written ilotice to the couNTY. · ·. · · · · .. ··-- ,· .. -.·/_:·-·· .-- .... ...-_:· .. •. ·-. :--.. . . d; . tONTR/J.Ct~R hereby grantsto COUNTY a waiver of any right to s~br;~(jatiorr whiih any · in~Ureroftfie'cor{rkAcfoR.mcw a~qulre against the COUNTY b}i~idu~.of the payrne(lt (Jj 'anyiass:~~de;sJ'ch;n~w~'nce;· toNrifJ.CioR agrees to obtain any imi:!J.rsement thatinqy · .. be ·neCii$sary i:d(iftect; this waiver o{subfogatio~, but this provi$ion_applies regardle:sS:ot . whether of. not the COUNTY has -received a waiver of s~brogatlon endorsement from ihe '· ' ' . . - . - '·. . ~-- . . . - - ' . . ' ·.- . . . -- ... ',.. ' iri~llr;_r, _ .·-:::.:-·.' . . . . -.. ~- : _ _. .

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ···-.·- "··-
.: -·

3. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNlY for all work performed by the CONTRACTOR, its employees, agents· and subcontractors.

CONTRAc;TOR waives all rights against the COUNlY and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by. the . workers compensation and el\lployersliability.

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

D. Acceptability of Insurance
E.

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 approval by the County Risk Manager.

Verification of coverage
Prior to approval of this Agreement by the COUNlY, the CONTRACTOR shall file with the submitting. · department, certificates of insurance with original endorsements effecting coverage in a form. acceptable t~ the COUNlY .. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il'!sure~. The COUNlY reserves the right to require certified copies of all required insurance polides ~t any .· time.

WAIVERS:

I represent and att~st that I am a person authorized to make representations on behalf of the CONTRACTOR,:
. a·ndrepresentthe following: . . - · · .
(Mark X if applicable)
Automobile Exemption: _I certify that does not own nor use yehides in the,· - perf~rm.~nce of the agreen1ent for which this insurance requirementjsa~ached: · ; . . ·.Workers' Compensation Exemption: I certify that is not required to carry work~rs' com·p~nsation coverage or has filed an exemption with the State ()fCaliforniaa~ required -~~- . . .. . . ·. lacknowledge and represent that we have met the insurance requirements listed above . . PrintN~me YA:t\'{ QJ\ ~J Date: . CJt/ \ ~ J Z3 .
. - . . . \ c., ~~~r . r .-ll ,.._ .T'- _, Cr ~-. t_ '"s_~~-l ~-. . •C.ont~act~>~ 2:f'~ JK-> C{O- ~ ~ r S~n~ur~~ . . . . ' .. ·.. ' . -~ .- : . '·. ·.: ·.' . .

Rev. 12-18
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 .··· .... ·' EXHIBITD ·.~: .. : .... ' :~ . : ~ ..
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· k·Proceett"ing,;imtohfing ~a li~Jl$e, permit; :or other 61titlement. fo:r a;s~" includes -~tl:·~9sini!Ss, . · prQ'fS$s.iooaJ:~rad~ a~ ~:i1~'9se:li~nses and permits, and all Qt:herent,i,tleme~Jor:u$e, i~l~diNt · _ . _ ai( ~rit!1Je~ell1:$ ~for l~pd U~~i '~II contra$ (other- ~han CQJ'I'lpetij;,iy~ly .·bid, labor.•:C)r pe~6~al _ · . · ~mployrnent;~~)1~ra$)1 :all(J aU fntFthises• .
· Your ".agent" •iS $Qm¢one.Who represents you in connection with a proceeding involviijg a lic~e, ,perm~'(ir ot~er,.~f\t;lienjentJodJs¢. If an individual acti~ as an g~~t~;atS~ adi~: i~~~-~~ or ~er cap~c~ a's ~n· emp~yee or merilller of a l~w,.architecttiral, engineerin& '(orisulti~g r.~-~ ()~similar . bllsine5s -efiiitv~ :bQth:~htH~U$lness<entitY and the indiVidual are· "ager~' for i:nir-poS~s .c;)fth~ · - .·~t:Uies,. '· · · ·· - · · · -To,:determin¢'whether a·~mpaign contribution of_more than $2$0 h;Js ~n mad~ bY Y®•- ._ · ~O;~igtl ·~ntriQ\.ttiqP$:tnade b.v you within the precedihg 12 mot:tt~S•in!Jst ~ aw~~t,d with t~bs~ ~~~-e :13y y()~,~,r, .• l"'~,·withln: the precediog :12 nlomhs or tl{e, pe~od, of the :Q~cv . r~~~tion$hip; vih~~r-~ Shp;t~~· -'ContribUtions made'by:~u.r-majp~lty,$h~r~~plg~r:iif~!:~t~~ly '. . field ·corJ)Oratio:n), .your ~oeontractor(s), your ioint venturer(s), 'al1d youi -l)cl$etts)~--i·n thiS . · · ·~~:~1=~;=~::.~~~ pc~t;ti_f1g~ti"h.<?t ~Ht,pt,d,,wJttlt:on:trJbutic)ns to.th~ firSt Soar~t_li!ei;nb~r .. t"!~~~~·· bt,itat,~raur¢sat~d . ~;~-·~.ti~~A~~~bt!t :Or:,_oi~-~ tounty ri{ficer:wh~ may·~r:tiC.i~te in y(j\~r p~~e~fri~~: · :· · ·· . A"~~Jotd1e;~o;~r69t$~p,_nii$ors m~m~I'S '"d ~ther eountv officialS is~~bect · .·':',,,·····::"-:'"':·'· .-'"· ~-._.-.:.<;;-. .''····:·"''::"'l ..... · ~· ··.,.~---~.' .. · ........ •, .· . ~--:_ .. ' .. · .. :~=· .,_. ( :·.·_·;._.: __ , .. -·
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. ;Appli¢ation.()rSo.l~lta~!~!J:Numb.e~• -------.......... -~--~----~..--.--.,......,~~-----~-:-;+~.........,~ ::4RPI!cation ors9tltft8tionij:j~e:··· .·· . ....;..;.;....,.,.-,..,.,;;..;..;...:__......,.. _______ -.;.,..-------......---,..:-"-'~-··----:--~ · \Wiisa.campai&fr¢ontfi~utionJ reprclleSs of:the:itc>Uar amount; made toany.mem~r ofth~ Tlifare:Cc)~r]tY'B.oprd#f. ~upervisor$ :dr;tq. ~ny· ~o~ntY .offi~r··~~ ·:pr· ~fter Jant:~~rv 1, 2,023, by tJl~·.~ppli¢8ritror, .if ·~eP.I!c~~~~. ~r.t•boH~e ·· · a.····.ppl~fl~ .• ,~,~p;z.· .... ri· ·.Qtors•orthe,'aJ)pli~nt's·agent.orlobbyiSt? · ·· · ···· · ·· ·.· · ' · - · .Yes. ... _ _. _. . ', . No . .
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· 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 ... ' ·: . . .... ' ,. ... . ' . . . ' . . ·.· sanctions in response . to Russian · aggression in Ukraine. The EO is located at • https:/fwww.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- · ·· · · .brder:pdf . · · · c • • • . . .

The EO directs all agencies and departments that are subject to the Governor's authprity to take · ·· cert~iri imrn~di~te_.ste~s;·induding notifYing.,allco~traCtors and grariteescitheir ol:>hga~ions to ·-• .· . . . . cqrr#>lywith.~X-i$ting~coriomi-~san~tions_imposed b.ythe U.S. government inr~'spon_~etp.R~ssia;s . . · < actions-in Likr~ine, a~ ~ell as arw sanctions imposed under state law. . ... - .. , ... . .,, ·. .· ·.-. ·:.. .. .· ' .. · ., ·.. ' : ·_ ·. This~corr~spppde.hc~- sef:\l~spS~CI n6tic;e ljndet the EO that as a ,cont~actor or gr?Jritee~ ~ompUance · ·. with''th~ ~i:b~brnic- ~~ncti~hs. inipdsed in' response to RGssia1sactlon5 in dr<raine'kr~quired, · .• -.· :< iiicluarnbAiith _respE!tt-io~ t>ut'n~tiirni1:ed to, the' federal executive C>rder~ id~~tifi~d in:tH~:~ban·d ·_. : the --·sanction~ . identified. on. the U.S. Department of tne Treasury· web~ite · · (https:dh.orrie.treasurl;gov/policy-issues/financial-sanctions/sanctions-programs-arid-cou~try-· · inf6im~tid,~/Okrairi'~~~u~sia~r~lated~~ahctions). Failure to comply may result in th~ terr:rii~~tlpn 'of > • ~o~tr~t~{~~:~r~~~~~ ~i:~ppli~a.b-1~.: ·' : ; - · . · ·
-. - As:a::remin-ctei-,:~gr~ernentswith the County of Tulare include portions which require·co.rtlpliance ._ with. au·· local:; st~ite, ~nd -federal laws and directives which includes Executive Orde~s.s~ch ~s the · . :Eo·_~i$j:~~~~d _h~r~: Th,¥~~.o::'~avn~t a~pply to ~r- ¢ffect your agreement ·w."iththe Cdli[lty/PI~~se _- ~¢.Eich:ouft9 ourdepaf!:merit.in orperto' seek clarification should you have any questipns ... _:P!~as~ ~ot.e._;thatfor any agreeme_Qt~ or g~arits valued. at·$s million: or .more,--~· ~epa_ra~e · · _- nbtif_icatiotfv\tiiJbe-~eh~ 9u.tlining.~dditi6_nal r~qplrements specified ~:Jnd¢rth,e EO. • · · . . " .' .· . -~ ; .. ... . ··.- ~ . ,,, . . . '· .
. . -. _·. :·
. :,·:· ,' ...

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 Certificate Of Completion
Envelope Id: 4B046B59ABFA4E09BD2DCFA1F33D2050 Status: Completed Subject: 3/8" Cold Mix Material - 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 9:52:57 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: 128.92.11.138
Sent: 6/23/2023 9:54:13 AM
Resent: 6/26/2023 9:09:26 AM
Viewed: 6/26/2023 9:16:03 AM
Signed: 6/26/2023 9:17:28 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 9:16:03 AM
ID: fc22c01f-cd5c-4b22-bb7a-d208fc5aecb8
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 9:17:30 AM
Viewed: 6/27/2023 5:38:49 PM
Signed: 6/27/2023 5:39:02 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
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Carbon Copy Events Status Timestamp
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Envelope Summary Events Status Timestamps
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Envelope Sent Hashed/Encrypted 6/23/2023 9:54:13 AM
Certified Delivered Security Checked 6/27/2023 5:38:49 PM Signing Complete Security Checked 6/27/2023 5:39:02 PM
Completed Security Checked 6/27/2023 5:39:02 PM
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Electronic Record and Signature Disclosure

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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
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PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
June 21, 2023
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1904 – 1/2” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 1/2” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's 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's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims 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.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform 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 federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions 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. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
Page Three
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B INDEMNIFICATION: CONTRACTOR 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 kind, 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 Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract 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.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

Material Contract
Page Five
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ceo
6/26/2023
6/27/2023
CONTRACT NO.: 1904
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 24-006
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2023 THROUGH JUNE 30, 2024
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B CONTRACT NO.: 1904

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $54.00

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 Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 54.00 PER TON

Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 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 liquid asphalt added to produce Plant Run Cold Mix shall 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

Page 1 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 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

Page 2 ends

ICJ, 2.o~"S •
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 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.

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.

Page 3 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 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.

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

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.

Page 4 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B BID NO. 24-006 -%"-Y." COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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.

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.

Page 5 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ,. ~ -. . " . ';,:-:-·- . - ._ .::.:.

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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B '.· ;.·- · ... ·~ ' ·,
BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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 ' ' . . . ' . . . . .

Page 8 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ... · .. , ·._·;.·
.. : .

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):

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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 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. . .

Page 10 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B .... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ' ... '
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.

Page 12 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ·":. '.
.....
. :.· ...... ,··- ;·.·· ... '-;·.-,·: ..

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)

Page 13 ends

\ .

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 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.

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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B - ... -:. -··
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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B -:.·:· ,."·:-. ~;· . -.- : ·~.'
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;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
. . . ·.·

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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B . ' .. ,- -. ~ . • . - ··:·~ ..

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

Page 17 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B - ·, __ :
::-:

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$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
-- Page 18 of20
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B :--, ... ·. . ~-
BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$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). _ - . . · ... - . . . .. .

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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ·· .. ,~ _;_ .. ·- .... -··
BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
·~. ·. .. . .

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

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. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
- .. ' '·.'
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B . : ';'"· .. ·-
~- . ·,
.... ,;

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.

PrintN~me VA:tti Q:J\~~ Date: ~~\~/ Z3
~"'~~e(}.K.S clhc-.- .1:}.,- Creot.. ~i>y,c..-l'*-
s.gnature ' . . . ' . . •' ·.··:·. ' .··.-· .. :·... ... . . .

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ; ,··
-;-'
. . :~ ,. ' ' . :_ ·' __ . _- .. : .· '- . ::. :..· '. . . <;:.

EXHIBIT D ··.•: ._.·:.
\ ... · .
·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
·_,_··.'-
--· · · -. · 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
~~'«~~~(~.~ ~ the~•Aifl ~~~~~~.--!_h_:_-.·_,:·: . :~ : __ ,·- 1 '·. • -":· ',. • • :~.,:.·.-... -: ....... :..·;. .,_- •; A.
''· .
. ·.
.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
· .. ~· .. ;:~-,~~~·~~:t::s::~~~~-~~~· .-.,. v,l)l:Uq!J'ls};.~rfd:~~net(s)_'in tlli$;pfoteedlng! AlSo inCluded are.~~i{~ aim~nieS ~n~l;s~b$\~~ary . .· • -• ·. --..,~ -"~' ~·~ ... '..,'·!"-'* ,. :; 2' ~'-, '-~ '•' ,. "''! - > Ll '': ""~ , .... ~~ "" ••• ~ ..... -~ .. : <c6mi:@N~( d!reaed.::~nd ·'co.ritr,Ot~- I:W- ·y()u, and P-OIItical'\actiOn-··Co.mm.~~, c;Jirei;,tecV,ai'ic;t -,:,:.~~~~_it~W~'V~~~/~~T):._ - ,-- . .. . - --· ,· ;_.·._.·.::'-- . '"•>···?-_- . __ , .. t~4;pn~~i!J~~~{~I.l9•~-~~~~t·<!·-~~··!ts;o:!~tl~tt1~- -' . . . . -~. ' : ' ' . . . . ' •' ·. ,'
. ' ' .. . ~
. ' __ , ..

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B r: . (··
,• .
·. ··'···'
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. _ .. __ ·· .. : .·
',( ·:·· i·..__·: ......

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

3. ,.4.,
.·~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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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ' .. :
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·COUNTY Of TULARE
·. -·~MPAIGNtcONTRIBuTtON DlsCtOSURE FORM . ' .. 0 0 ', • '',~ •, ,• -~- ','' -~ .. -.-.- ' 'o •• >' ' _.., • ' ,0 0 '":: ._. • 0 •:•,• N 0 ·,- .·-
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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ·-: .. ~ :. / ~' -~ ~·-.. .

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: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B Certificate Of Completion
Envelope Id: 62CB4D82B3C94D91B1E5B2B8A81ACD3B Status: Completed Subject: 1904-1/2” COLD MIX – 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 10:03:20 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: 128.92.11.138
Sent: 6/23/2023 10:04:31 AM
Resent: 6/26/2023 9:09:22 AM
Viewed: 6/26/2023 9:14:16 AM
Signed: 6/26/2023 9:15:23 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 9:14:16 AM
ID: d04f5fcf-b75f-431f-83c0-45a2f6a18741
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 9:15:24 AM
Viewed: 6/27/2023 5:39:11 PM
Signed: 6/27/2023 5:39:20 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 10:04:31 AM
Certified Delivered Security Checked 6/27/2023 5:39:11 PM Signing Complete Security Checked 6/27/2023 5:39:20 PM
Completed Security Checked 6/27/2023 5:39:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

How to contact Carahsoft OBO County of Tulare:

If you created a DocuSign account, you may update it with your new email address through your account preferences.

PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 1/2” Hot Asphalt Concrete-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibil¬ity of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims 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.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform 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 federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions 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. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Material Contract
Page Three
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

INDEMNIFICATION: CONTRACTOR 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 kind, 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 Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract 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.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

Material Contract
Page Five
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

CEO & CFO
6/26/2023
6/27/2023

CONTRACT NO.: 1905
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 24‐006
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241‐2112
FAX: (530) 243‐0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA  96003 E‐MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA  96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA  96099‐4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2023 THROUGH JUNE 30, 2024
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS:   FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

Porterville City CouncilAugust 1, 2023

Porterville City Council
August 1, 2023