City Council Agenda October 3, 2023
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 3, 2023, 5:30 PM
The City of Porterville is allowing for electronic viewing of 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 as a courtesy using the following information
City of Porterville – City Council Meeting of October 3, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/81783763008?pwd=PQOcPbqM6e-HuCjgutA2rhi6qtk9Aw.Cj9HcSV5- ZOuCO5X
Or via Telephone: 1-669-900-6833 Webinar ID: 817 8376 3008 Passcode: 503626 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: Blanca Reynoso. Agency claimed against: City of Porterville.
2 - 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.
3 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Weyhrauch
Invocation
City Council Agenda October 3, 2023
PRESENTATIONS
International Association of Fire Fighters' Fallen Fire Fighters Memorial Dedication Introduction of Police Wellness K9
Employee Service Awards
Office of Assemblyman Devon Mathis - Update
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
Fall Community Clean-up & Disposal Event - October 14, 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. Purchase of a Live Burn Training Tower
Re: Consideration to approve the purchase of a custom four-story Draeger live burn training prop at a cost of $1,584,468.27 with an additional ten percent (10%) contingency of $158,446.83, for the total not to exceed $1,742,915.10.
2. Sale of Surplus Police Motorcycle to Woodlake Police Department Re: Considering the approval of the sale of the surplus Honda 1300 Motorcycle Unit# 3340 to Woodlake Police Department for its official use.
3. Authorization to Purchase by Negotiation Equipment Scheduled for Replacement Re: Consideration of purchase by negotiation of equipment from various City Departments scheduled for replacement to be paid from the Equipment Replacement Fund.
4. Award of Contract - Retail Recruitment Software Firm Re: Consideration to authorize staff to contract with Buxton Company, LLC for software services that support local economic development.
5. Acceptance of Project - Drilling Phase of Well 34
Re: Accepting the project as complete from Zim Industries, inc., consisting of the drilling and construction of a 690-foot-deep production well utilizing the reverse rotary drilling methods, for a total cost of $865,402.42.
6. Authorization to Negotiate a Consultant Contract - Sports Complex Baseball Field Design
City Council Agenda October 3, 2023
Re: Authorizing staff to negotiate a scope of services contract with O'Dell Engineering, and to negotiate a scope of services contract with QK, Inc. if staff is unable to negotiate an acceptable contract with O'Dell Engineering.
7. Authorization to Execute Consultant Agreement with Sally Swanson Architects, Inc. - Self-Evaluation and Transition Plan
Re: Consideration of approval of a Consultant Service Agreement for a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan with Sally Swanson Architects, Inc. in the amount of $221,400.
8. Consideration of Approval of a Master Instructional Service Agreement with Fresno City College
Re: Consideration to authorize the Fire Department to enter into a Master Instructional Service Agreement with Fresno City College for an in-service firefighter training program for a one-year period beginning immediately with reoccurring optional one-year renewal periods.
9. Assignment of Airport Lease and Consent to Sublet - Lot No. 46E Re: Approving the Assignment of Lease for Lot No. 46E at the Porterville Municipal Airport from Lloyd B. Janzen and Bruce D. Janzen to JLW Associates, Inc., and authorizing the Lessee to sublet the hangar to REACH Air Medical Services.
10. Approval of Community Civic Event - Porterville Chamber of Commerce - Paper Shredding Event - October 19, 2023
Re: Considering approval of a Community Civic Event to take place on October 19, 2023, from 9:00 A.M. to 1:00 P.M. in the parking lot on Hockett Street adjacent to the rear of the Porterville Chamber of Commerce, subject to the conditions of approval.
11. Approval of Community Civic Event - American Conservatory - Fright Night at the Mecca - October 21, 2023
Re: Considering approval of a Community Civic Event to take place on October 21, 2023, in the parking lot on Second Street adjacent to the Mecca, subject to the conditions of approval.
12. Approval of Community Civic Event - Veterans Homecoming Committee - Veterans Day Parade - November 11, 2023
Re: Considering approval of the annual Community Civic Event to take place on November 11, 2023, on Main Street in Downtown Porterville, subject to the conditions of approval.
13. Status and Review of Local Drought Emergency
Re: Considering approval of the continuance of the Declaration of Local Emergency.
SECOND READINGS
14. Second Reading - Ordinance No. 1904 - In Support of Zone Change (PRC 2023-006-Z), from RS-1 (Very Low Density Residential) to CMX (Commercial Mixed-Use) to Allow for the Application of Development Standards of Commercial Districts Re: Giving Second Reading of Ordinance No. 1904, an Ordinance supporting a Zone Change for the parcel located at 1088 W. Linda Vista, APN 243-180-002.
City Council Agenda October 3, 2023
SCHEDULED MATTERS
15. Addendum No. 6 to Employment Agreement between City of Porterville and John D.
Lollis
Re: Consideration of Addendum No. 6 to the Employment Agreement which increases annual salary by three percent (3%) retroactively effective January 1, 2023, and two percent (2%) annually effective January 1, 2024.
16. 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. Tulare County Association of Governments (TCAG) / Tulare County Transportation Authority - September 18, 2023
2. Cal Cities Annual Conference - September 20-22, 2023
3. Mighty 190 Committee - September 20, 2023
4. Tulare County Task Force on Homelessness - September 20, 2023
5. Tulare County Economic Development Corporation (TCEDC) - September 27, 2023
6. Internal City Audit Committee - September 27, 2023
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the meeting of October 17, 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.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Fall Community Clean-up & Disposal Event - October 14, 2023 SOURCE: Public Works
COMMENT: To encourage local property maintenance and beautification, the City sponsors two community clean-up events every year, the first in the Spring and the second in the Fall. These events offer City residential refuse customers free disposal of general trash, mattresses, bulky items, woodwaste, yard clippings, and e-waste at the City's Corporation Yard. City residents are required to bring a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not allowed. Trailers will be limited to no longer than ten (10) feet, and participants will be required to unload their own vehicle. Items not accepted will include tires, refrigerators, and any type of hazardous waste.
The Fall Community Clean-Up & Disposal Event is scheduled for October 14, 2023, as approved by the City Council at its meeting on February 21, 2023.
This event will occur from 8:00 a.m. until 2:00 p.m. As in the past, the events are open to all residents receiving City residential refuse service. The cost for this event is funded through the Solid Waste Operating Budget.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Fall 2023 Community Clean-Up & Disposal Event Flyer (English)
2. Fall 2023 Community Clean-Up & Disposal Event Flyer
(Spanish)
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
2023 COMMUNITY CLEAN-UP &
SATURDAY, OCTOBER 14, 2023
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US
CURRENT CITY OF PORTERVILLE REFUSE BILL IS REQUIRED
Trailers will be limited up to 10 feet.
Participants will be required to unload their own vehicle.
PLEASE NOTE: City residents only. No county, business or commercial waste allowed.
NO CHILDREN OR PETS ALLOWED OUTSIDE OF YOUR VEHICLE
ACCEPTABLE ITEMS:
Greenwaste: Tree Limbs, Branches, Yardwaste (Not to exceed 10 feet) Household Waste: Household Trash, Furniture, Scrap Metal, Mattress/Box Springs E-Waste: Computers, Laptops, Monitors, Televisions, Cell Phones, Tablets.
Construction & Demolition: Concrete, Dirt, Wood
UNACCEPTABLE ITEMS:
Household Hazardous Waste (Batteries, Paint, Oil, Oil Filters, Flourescent Bulbs), Tires, Refrigerators, Oversized Auto Parts (Cab, truck bed, etc.)
FALL FREE
DISPOSAL EVENT
TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Anti- freeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/ Gasoline
2023 EVENTO COMUNITARIO DE
SÁBADO, OCTUBRE 14, 2023
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US
REQUIERE FACTURA DE BASURA ACTUAL DE LA CIUDAD DE PORTERVILLE Se limitarán las trailas a 10 pies.
Los participantes deben descargar su propio vehículo.
TENGA EN CUENTA: Solo clientes residenciales. No se permiten residuos de negocios o comerciales.
NO SE ADMITEN NIÑOS O MASCOTAS FUERA DE SU VEHÍCULO
ARTÍCULOS ACEPTABLES:
Basura: Ramas de Árboles, Ramas, Desechos de Jardín (No exceder 10 pies) Desechos Domésticos: Basura Doméstica, Muebles, Chatarra, Colchones/Canapés Residuos Electrónicos: Computadoras, Portátiles, Pantallas, Televisores, Celulares, Etc.
Construcción y Demolición: Cemento, Tierra, Madera
ARTÍCULOS INACEPTABLES:
Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes) Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)
OTOÑO
GRATIS
LIMPIEZA Y ELIMINACIÓN
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.
Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de Aerosol
• Aceite y Filtros de Aceite/Gasolina
Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.
Item No. 1.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Purchase of a Live Burn Training Tower
SOURCE: Fire
COMMENT: As a result of the City's catastrophic fatal Library Fire on February 18, 2020, a Multi-Agency Serious Accident Review Team (SART) was formed and investigated the incident. The investigation was completed, and its findings and recommendations were published. In the report, it was recommended that the Fire Department provide its members with comprehensive training on commercial vs. residential structure fires, search techniques, firefighter survival, as well as a continuing live fire training program.
The Fire Department Training Division began researching the best way to comply with the SART recommendations. Through many hours of research and tours of training facilities, the Training Division drafted plans for a training tower through Draeger Swede Survival Systems that encompassed the recommended training and covered several other training areas. The proposed training tower is four stories with three live fire burn chambers. It has a large simulated commercial roof and two simulated residential roof props, all venting over live smoke/fire. This training tower was designed to meet the Fire Department's training recommendations in the SART report and provide a complete training tower for future firefighters. This tower also fulfills the Insurance Services Office (ISO) training requirements and NFPA 1403 standards for live fire training.
Inside the first floor are two burn chambers and a large search area with movable walls to change search paths. It has several forcible entry doors and a barred window. The second floor has one burn chamber, a center hallway, and an internal stairwell. It has a confined space tube entry leading to the third floor and a restricted area firefighter rescue prop exiting an exterior walkway. The third floor is a no-smoke or fire floor with several firefighter survival props. It has a changeable confidence maze and a collapsible roof prop. The fourth floor is a continuation of the simulated highrise stairwell with a standpipe that activates simulated fire sprinkler heads. On top of the fourth floor is a rappelling anchor system for high-angle rope rescue scenarios. Several other doors and windows are in and out of the tower for safety and additional training techniques such as vent, enter, isolate, search (VEIS), and exterior water application.
Regarding SART report-specific recommendations, the training tower's size and construction has the ability to simulate a variety of fires and scenarios. The large commercial-style flat roof is similar to the commercial roofs found in the Item No. 1.
city and surrounding areas. Placed on the third story, it can be accessed the Ariel Ladder Truck and help train coordinated commercial ventilation operations with real smoke conditions. The 4-story simulated high-rise stairwell with an internal standpipe can be used to supply hose lines and sprinkler systems on multiple floors commonly found in commercial buildings.
It has a large search area with movable walls that can be configured to simulate a center hallway hotel/apartment building with rooms on each side and a burn room to create realistic fire conditions. Burn chambers on multiple floors allow for conducting search drills above and below the fire floor, which is common in multi-story commercial and multi-story residential buildings. The above specifications make this tower the most complete and comprehensive live-burn tower in the operational area.
Currently, the Fire Department has a three-story training tower on its training grounds. This training tower is not designed for live fire training and is designed specifically to replicate residential searches. It also allows the Department to do training drills and exercise in an environment free of carcinogens that are produced by live fires without the use of a self-contained breathing apparatus. The current training tower, coupled with the proposed livefire commercial tower, provides a more complete and comprehensive training facility encompassing residential and commercial-type fires.
The Fire Department has purchased from Draeger previously, and Draeger is a member of the City's Co-op agreement. The training tower will be purchased through the Co-op Source Well, and Dreager has provided the attached sole source letter. The Capitol Improvement Plan (CIP) appropriates $2 million in funding available for this purchase utilizing Measure I funds. Additionally, this staff report does not include the cost of the concrete foundation that is currently under design, which a staff report will be submitted in the future. Staff requests approval for this project before the completion of the concrete foundation design to avoid a cost increase created by exceeding the bid extension date.
Staff recommends that the City Council approve the purchase of a custom 4- story Draeger live burn training prop at a cost of $1,584,468.27, with an additional ten percent (10%) contingency of $158,446.83, for the total not to exceed $1,742,915.10.
RECOMMENDATION: That the City Council approve the purchase of a custom 4-story Draeger live burn training prop at a cost of $1,584,468.27 with an additional ten percent (10%) contingency of $158,446.83, for the total not to exceed $1,742,915.10.
ATTACHMENTS: 1. Drager Quote
2. Drager Sole Supply Source Letter
3. Locator Map
Appropriated/Funded:
Review By:
Item No. 1.
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Dear Customer,
Thank you for your inquiry. Please find enclosed our corresponding offer.
If you have any further questions, please do not hesitate to contact us.
Best regards
Draeger Inc.
This document has been electronically generated and is valid without a signature.
Customer
Draeger Inc. Remit to: Remit to: Remit US Wire Transfers to:
Our Tax ID: 23-1699096 LOCKBOX (Standard USPS) LOCKBOX (Overnight) Account Name: Draeger Inc. 3135 Quarry Road; Telford, PA 18969 Draeger, Inc. FIS Lockbox Processing Account Number: 00-494-936 An Equal Opportunity Employer M / F / V / H PO Box 13369 Lockbox #13369 Transit Routing: 021001033 Telephone 800-437-2437 Newark, New Jersey 100 Grove Road SWIFT: BKTRUS33 http://www.draeger.com 07101-3362 Suite E Deutsche Bank Trust Company Americas West Deptford, NJ 08066 60 Wall Street 25th Fl, New York, NY 10005 Quotation
Please reference on inquiries
Your request
Quotation no. Date of offer
Ship-To party
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND AVE
PORTERVILLE CA 93257-3649
Telephone: 626-614-7975
E-mail: [email protected]
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND AVE
PORTERVILLE CA 93257-3649
136234873R2 07/25/2023
RFQ REVISION DATE: 07/20/2023
Quotation no.: 136234873R2
Responsible: MATT LUCHETTA
CHIEF SHANNON SKILES - TRAINING
[email protected]
Sourcewell Contract # 032620-DRG
City of Porterville member # 18843
Draeger vendor # 032620-DRG
Pos. Quant. Part no. Description Unit price Total price
USD USD
Quotation
Quotation no. Date of offer
Please reference on inquiries
0010 1 EA 1903015 DRAGER SWEDE SURVIVAL 1,389,538.23 1,389,538.23
PHASE V PLUS
- Four (4) story unit comprised of seven
(7) 40’, three (3) 30’ and four (4) 20’ fire
training modules
- NFPA 1402 & OSHA-compliant system
- Three (3) high-temperature
thermal-insulated burn chambers with
emergency exits (as required)
- Burn room baffles
- High-heat thermal-insulated wall with
door(s)
- One (1) 24’ x 24’ x 16" Elevated flat
roof chop out prop
- One (1) Training deck
- Two (2) Tilt roof props
- 2’ x 2’ x 6’ Confidence maze
- Standard doors and windows
- Interior and exterior stairs
- Interior stairway with intermediate
landings
- Insulated windows
- Bailout window
- VEIS windows
- Burglar bar window
- Reconfigured wall prop
- Collapsible roof prop
- Denver drill prop
- Forcible entry doors
- Standpipe
- Sprinkler system
- Interior breach wall
- Interior wall with crawl space breach
- Pass through
- Safety chains
- Confined space tube
- 36"Ø Manway
- Rappelling bar with safety gate
- 42" Parapet walls
- Hose access
- Low flow water nozzles
- Signage and Brackets
136234873R2 07/25/2023
0020 1 EA 1903012 ON-SITE INSTALLATION & SET-UP 34,800.00 34,800.00 Dräger contracted and project-managed
installation team ensures that your
system is installed properly, safely and
with minimal disruption. Pre-installation
site surveys and in-process review of the
build ensures that you are getting the
most value for your project. Installation
and crane services are insured, bonded
and operate within OSHA guidelines for
your added protection.
0030 1 EA 1903013 TRAIN-THE-TRAINER PROGRAM 9,500.00 9,500.00 Dräger is committed to developing and
offering the most comprehensive training
programs in North America. Dräger
Swede Survival Systems and Dräger
certified instructional training programs
have been designed and delivered in
accordance with training methods
developed by the Swedish Rescue
Services agency through the Swedish
Rescue Training Center (SRTC).
The training consists of two parts: The
first part is a two-day, on-site training
course for up to ten (10) of the
department’s instructors. The second
part is a complete documentation
package on operation & maintenance of
the system; enables you to train with
confidence.
Pos. Quant. Part no. Description Unit price Total price
USD USD
Quotation
- Certified instructors
- Fire behavior
- Fire control
- Hydration
- SCBA & safety equipment training
- Heat stress management
Quotation no. Date of offer
Please reference on inquiries
136234873R2 07/25/2023
0040 1 EA 1903010 FREIGHT TO CUSTOMER SITE 18,000.00 18,000.00 Note: Estimated freight charge only.
--------------------------------------- ----------- ----- ------------ Net value excl. Sales Tax 1,451,838.23
+ Net Sales Tax 132,630.04
--------------------------------------- ----------- ----- ------------ Total amount 1,584,468.27
======================================= =========== ===== ============ Pos. Quant. Part no. Description Unit price Total price
USD USD
Quotation
- Smoke & ventilation exercises
- Container management
- Ignition sources
- Information on fire gases
- Container operations
- Heat stress
- Thermal imaging camera usage
- Recognition of pre-flashover conditions
- Nozzle techniques
- Overall safety
Draeger, Inc. and the Customer agree that the
purchase of any product or service pursuant to
this document is subject to the attached terms
and conditions, which are incorporated by
reference.
PLEASE CHECK THIS QUOTE CAREFULLY FOR
ACCURACY IN PRICING, PART # AND
DESCRIPTION. Contact Customer Service
immediately if there are any discrepancies. This
acknowledgement and note constitutes the entire
agreement with respect to the contemplated
transaction and supersedes all previous
negotiations, proposals, writings, advertisements,
or publications.
Quotation no. Date of offer
Please reference on inquiries
136234873R2 07/25/2023
Estimated Delivery Time: 87 - 89 Weeks ARAD
(After Receipt of Approved Drawings)
To be confirmed at time of order entry.
Notes:
Pos. Quant. Part no. Description Unit price Total price
USD USD
Quotation
Draeger continues to strive toward reasonable
timeliness of delivery. Due to the COVID-19
pandemic, product demands are greatly
escalated, workforce may be reduced, and
Draeger may be subject to government orders
impacting delivery schedule and, as a result,
trigger the Force Majeure provisions under
Section 7 of Draeger’s standard terms and
conditions.
In the event the freight carrier imposes
extraordinary charge for shipment in excess of
the usual and customary charges for such
shipment, the customer would bear the cost of
such extraordinary charges.
Payment terms to be determined based on credit
approval
1) Please note prevailing wages are included in this
quotation.
2) All funds are in US Dollars.
3) Bonding price, if required, not included.
4) Price information valid 90 days from date on form.
Pricing is subject to change once quotation is past
validity.
5) Any building or electrical contractor permits are
responsibility of customer and are not included.
6) Warranty is 12 months after handover.
Quotation no. Date of offer
Please reference on inquiries
136234873R2 07/25/2023
Offer valid until: 09/30/2023
B. 50% of total project price will be invoiced when
equipment is shipped.
C. 25% will be invoiced when installation and
training are complete and system is handed over.
Pos. Quant. Part no. Description Unit price Total price
USD USD
Quotation
A. 25% of total project price will be invoiced on
notice to proceed.
7) Training Systems which have completed fabrication
but cannot be delivered due to delays on the part of
the customer, may be charged a Storage Fee in the
amount of 2% of the project value, to be assessed
every thirty days after an initial 30-day free storage
period has passed, until delivery is possible.
8) Milestone Payment terms:
Quotation no. Date of offer
Please reference on inquiries
136234873R2 07/25/2023
US Safety T&C 10JAN2019
DRAEGER, INC. TERMS AND CONDITIONS OF SALE (SAFETY)
1. GENERAL. These terms and conditions are integral to the agreement governing the sale and purchase of goods (“Goods”) and service (“Service”) between the seller, Draeger, Inc. (“Draeger”) and the purchaser (“Customer”). Goods and Service are referred to herein collectively as “Product.” The agreement governing such sale and purchase of Product (“Agreement”) consists of the following, all of which are hereby incorporated herein by reference: (i) these terms and conditions, (ii) the written sale or service agreement, if any, signed by Draeger and Customer (referred to herein singularly as “Party” and collectively as the “Parties”), including schedules thereto, that is in effect on the date of the applicable purchase order is delivered to Draeger, and any amendments thereto (“Contract Document”), (iii) any price quotes, and (iv) the purchase order submitted by Customer (“PO”); provided, however, Draeger shall not be bound by any terms, conditions, or other provisions in a PO that are different from, in addition to, or inconsistent with the other provisions of this Agreement.
2. PRICES. Prices are as stated in the Contract Document. If no Contract Document is in effect at the time of order fulfillment, the prices are as stated on the applicable price quotes; provided, that such prices are only valid for thirty (30) days from the date of quote. In all other cases, prices are those currently effect on price list at time of shipment.
Unless otherwise stated in writing by Draeger, prices include the cost of standard domestic packing. Prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties, or other charges related to Product. Customer shall bear cost of all applicable sales, use, property, excise, and manufacturer’s taxes and any duties, license or similar fees, which may be imposed upon the sale, use, or performance of the Product.
3. PAYMENT TERMS.
(a) Unless otherwise agreed in writing, the Customer shall make payment in full without any set-off (for any reason) no later than thirty (30) days from the date of invoice in United States Dollars (“USD”). Partial shipments of Goods shall be invoiced as shipped. Draeger reserves the right to require (i) payment in advance, (ii) cash on delivery, or (iii) a modification of credit terms. Notwithstanding the foregoing, orders paid for by credit card shall be charged and paid for at that time of order. (b) Draeger reserves the right in the event of late payment: (i) to suspend all deliveries and/or Service or cancel any of its outstanding obligations under the Agreement; (ii) to charge interest on the late payment calculated on a day to day basis until the actual date of payment at the lower of (A) an annual rate of twelve percent (12%) or (B) the maximum rate allowed by law. Such remedies shall be in addition to any other rights or remedies available to Draeger under the law.
(c) If Customer pays less than the full amount due, such payment shall be applied toward the outstanding balance. Draeger’s acceptance of part of the amount due, shall not interfere with Draeger’s right to recover the balance of the amount due, or to pursue any other right or remedy under the law.
(d) All Customer orders are subject to credit approval by Draeger.
4. DELIVERY, INSTALLATION, RISK, AND TITLE.
(a) Products will be delivered FCA (2010 INCOTERMS) point of origin, for capital equipment and shipping point for all other Product. Delivery, installation, and completion dates are only approximate and Draeger shall not be liable for failure to meet such dates. Notwithstanding the foregoing, Draeger shall use reasonable efforts to meet quoted delivery, installation, and completion dates. Partial shipments may be made at Customer’s request or in Draeger’s sole discretion.
(b) Unless stated otherwise in writing by Draeger, freight and transportation costs, including standard ground transportation, packing, custom duties, and other similar charges, shall be borne as follows: (i) for PO orders equal to or less than $15,000, Customer shall bear all such costs, (ii) for PO orders greater than $15,000, Draeger shall bear all such costs. Notwithstanding the foregoing, in the event Customer requests an expedited order, Customer shall bear the additional costs. (c) Draeger shall bear risk of loss or damage to Goods during shipment until delivery of Goods or, if earlier, the date as of which Draeger makes a commercially reasonable attempt to deliver Goods.
(d) Customer shall use commercially reasonable efforts to allow for timely delivery of goods, including, without limitation, providing instructions, granting access during Customer’s business hours (or such other time agreed by the Parties), and obtaining any required licenses or permits.
(e) Customer’s sole remedy for non-delivery of Goods due to non-delivery by Draeger shall be replacement of Goods.
(f) Installation costs shall be included in the price of Goods, unless indicated as a separate Service on the Contract Document or quote, as applicable. Customer shall be responsible for ensuring that the installation site is fully prepared prior to installation and for bearing all costs necessary to prepare site for installation in accordance with Draeger’s instructions, including without limitation, (i) engaging in any require labor and acquiring any materials, (ii) if Goods are to be connected to Customer’s network, ensuring that such network meets all specifications of the network requirements and specifications provided to Customer by Draeger, which are hereby incorporated herein by reference, and is fully functioning as mandated by all manual and other instructions provided by Draeger, and (iii) ensuring compliance with all government requirements, including without limitation, all certifications, and approvals for installation and operation. Customer shall provide to Draeger or its subcontractor, as applicable, access to the installation site and, if required, safe and secure space on site for storage of Goods and equipment prior to and during installation.
5. ACCEPTANCE. Customer shall inspect Goods received and notify Draeger of any nonconforming Goods prior to acceptance. Goods shall be deemed to be accepted by Customer fifteen (15) days from date of delivery; provided however, that (i) if earlier, acceptance shall occur immediately on the first day Customer uses Product, or (ii) with respect to a Good requiring installation (other than connection to customer network), the earlier of five (5) days after installation or thirty (30) days after delivery. Installation shall be deemed to be completed upon final verification under Draeger’s standard procedures that Goods meet all applicable written performance obligations. For this purpose “nonconforming Goods” means (i) Goods shipped that are different from those identified on Draeger’s sales order confirmation and (ii) Goods with label or packaging that incorrectly identifies contents. Draeger shall, at its sole discretion, replace nonconforming Goods with conforming Goods or credit or refund price of nonconforming Goods. Return of nonconforming Goods shall be conducted by Customer in accordance with Draeger’s instructions. Draeger shall bear the shipping costs related to return and replacement of nonconforming Goods.
6. CHANGES AND RETURNS.
(a) Orders may not be changed or cancelled after PO is accepted by Draeger. (b) Draeger reserves the right, subject to written notice, to substitute Goods or change specifications of Goods, which, in Draeger’s judgment, does not materially affect the installation, performance, function, or price thereof. (c) Goods may only be returned with prior authorization from Draeger. Eligible returns must follow the Return Material Authorization process in effect at the time of return as specified at https://www.draeger.com/Library/Content/RMA-ProcessSafety_11192018.pdf and which are hereby incorporated herein by reference (“RMA Process”). Unless warranty applies, Customer agrees to pay Service charges related to repair and replacement of Goods, including, without limitation, restocking fees.
7. DELAY OR FAILURE TO PERFORM OBLIGATIONS.
(a) Draeger shall not be deemed to be in breach or otherwise liable for any delay or failure in performance of any of its obligations under this Agreement caused, in whole or in part, by any act or omission of Customer or its agents, subcontractors, consultants, or employees.
(b) Neither Party shall be liable for failure to perform obligations (except for payment obligations) under this Agreement to the extent that such failure arises out of events beyond its reasonable control including, but not limited to, acts of government or compliance with any governmental laws, rules or regulations, acts of God or the public, war, terrorist threats or acts, civil disturbance, fire, or other casualty, strike or labor dispute or unavailability of labor, carriers, raw materials, power, or supplies. Any delivery date may be extended, at Draeger’s option, to the extent of any delay resulting from any such event.
8. WARRANTY.
(a) Goods. Draeger warrants that under normal use and with prescribed maintenance, storage, and care, Goods are free from defects in material and workmanship for the warranty period. Except as provided in a separate warranty statement in Goods manual or otherwise provided with Goods, the warranty period for new capital equipment is twelve (12) months from date of delivery and disposable and consumable Goods (excluding sensors) are warranted at time of delivery only. All other Goods are warranted for ninety (90) days from (i) date of delivery or (ii) in the case of software, date of implementation sign-off, or first productive use. Warranty is conditioned on (i) Customer providing immediate written notice of warranty related claim to Draeger and following RMA Process, (ii) no repairs, modifications, or alterations being made to Goods other than by Draeger or its authorized representatives (iii) Customer handling, using, storing, installing, operating, cleaning, and maintaining Goods in compliance with the instructions and specifications provided with the Goods or incorporated into this Agreement, (iv) use of Goods only for the use intended by Draeger, (v) defect not related to attachment of Goods to non-Draeger supplied equipment or to Customer’s network issues, (vi) Customer having fulfilled its payment obligations for Goods, and (vii) an inspection by Draeger that reveals that the Customer’s claim is valid under the terms of the warranty.
Customer’s remedy for a breach of this warranty is limited to repair, replacement, or credit or refund, at the sole option of Draeger. Repair or replacement may be with parts or product that are new, used, or refurbished. Repairs or replacements shall not interrupt, extend, or prolong the term of the warranty.
(b) Service. Draeger warrants that the Service shall be performed in a professional manner in accordance with generally recognized industry standards for similar service. Claims for breach of this Service warranty must be submitted to Draeger in writing within ninety (90) days of the completion of Service. Customer’s remedy for breach of Service warranty is limited to performance or credit or refund, at the sole option of Draeger.
(c) Third Party Product. If the Agreement includes the sale of third-party product not manufactured by Draeger or any of its affiliates, such products are provided to Customer solely at the direction of Customer with no recommendation by Draeger.
Except as expressly provided otherwise in the Agreement, Draeger makes no warranty for any third-party product. Customer’s sole warranty for any third-party product, if any, is the original manufacturer’s warranty, which Draeger agrees to pass on to Customer, as applicable. The obligation of Customer to pay Draeger for the third-party product is absolute and unconditional, and Customer waives and releases Draeger from all claims, damages, and losses arising out of such third-party product regardless of any claims Customer may have regarding such third-party product.
(d) No Other Warranties. THE WARRANTIES IN THIS SECTION 8 ARE
THE SOLE AND EXCLUSIVE WARRANTIES MADE WITH RESPECT TO
PRODUCT. DRAEGER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, COURSE OF DEALING, AND USAGE OF TRADE. DRAEGER DOES NOT
US Safety T&C 10JAN2019
WARRANT OR GUARANTEE THAT ANY PRODUCT WILL BE SECURE FROM
CYBER THREATS HACKING OR SIMILARLY MALICIOUS ACTIVITY,
DRAEGER DOES NOT WARRANT ANY CUSTOMER OR THIRD-PARTY
PROVIDED NETWORK OR THE PERFORMANCE OF PRODUCT AS IMPACTED BY SUCH NETWORK CONNECTION.
9. INDEMNITY. Draeger and Customer (each as “Indemnitor”) shall indemnify the other Party and its affiliates (collectively “Indemnitee”) from and against all third-party claims alleging bodily injury, death, or damage to the third-party’s tangible property, but only to the extent caused by the Indemnitor’s negligence or willful misconduct or omissions. If the injury or damages is caused by the Parties’ joint or contributory negligence, the loss and expenses shall be borne by each Party in proportion to its degree of fault. No part of the Customer’s sites is considered third-party property for purposes of this indemnity. Indemnitee shall provide Indemnitor with prompt written notice of any third-party claims covered by this Section 9. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense or settle the claim on the Indemnitee’s behalf. The Indemnitee shall not make any admissions that might be prejudicial to the Indemnitor and shall not enter in a settlement without the express permission of the Indemnitor.
10. INSURANCE. If during the term of the Agreement, Draeger may need access to Customer’s premises to perform Service or for other reasons, Customer shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability in a sum no less than $1,000,000 per occurrence and $5,000,000 in the aggregate with financially sound and reputable insurers. Upon Draeger's request, Customer shall provide Draeger with a certificate of insurance from Customer's insurer evidencing the insurance coverage specified in this Agreement. The certificate of insurance shall name Draeger as an additional insured. Customer shall provide Draeger with thirty (30) days' advance written notice in the event of a cancellation or material change in Customer's insurance policy. Except where prohibited by law, Customer shall require its insurer to waive all rights of subrogation against Draeger's insurers and Draeger.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY PARTY BE
LIABLE TO THE OTHER PARTY OR THEIR AFFILIATES, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
INDEMNITY OR ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR LOST
STORED, TRANSMITTED OR RECORDED DATA OR FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES,
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WITH RESPECT TO
ANY MATTERS RELATING TO THIS AGREEMENT, REGARDLESS OF
WHETHER THE OTHER HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. DRAEGER’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS
THE ACTUAL PURCHASE PRICE RECEIVED BY DRAEGER FOR THE
PRODUCT THAT GIVES RISE TO THE CLAIM.
12. PATENT, TRADEMARK, AND OTHER INFRINGEMENT
CLAIMS. Draeger will, at its option and expense, defend any claim, suit, or proceeding brought against Customer alleging any Draeger manufactured Good violates any patent, trademark, or copyright; provided that Customer notifies Draeger in writing of the alleged claim within five (5) days, after Customer becomes aware of the allegation.
Customer shall give Draeger information, assistance, and exclusive authority to fully control the defense and settlement of such claims. Draeger shall, at its own expense, defend and/or settle such claims, procure for Customer the right to use the Good, or remove or modify them to avoid infringement. If none of these alternatives are available on terms reasonable to Draeger, then Customer shall return the Product to Draeger and Draeger shall refund to Customer the purchase price paid by Customer, less reasonable depreciation for Customer’s use of the Product. This indemnity shall not apply if Customer modifies or combines, operates or uses the Good with any product, data, software, apparatus, or program not provided by Draeger and Customer shall indemnify and hold Draeger harmless against any liability or expense, including reasonable attorneys’ fees, incurred by Draeger in connection therewith.
13. RIGHTS IN SOFTWARE, DOCUMENTATION, AND INTELLECTUAL PROPERTY. To the extent software, data or other documentation or information (collectively, “Software”) is embedded in or delivered with any Goods sold under this Agreement, the sale of such Goods shall not constitute the transfer of the ownership rights in such Software. The Software shall remain Draeger’s property and Draeger grants to Customer a non-exclusive, non-transferable license solely to use the Software for the purpose, and in the manner, for which the Product Software was designed and produced and shall not modify, reverse engineer, or create derivative works based on any of the Software, or permit any third-party to do so. In addition, to the extent any third-party software is included in the Software, Customer will comply with any third-party software license terms provided by Draeger to Customer. Software that is provided separately to Customer as a Product is not included under this Section 13, but is governed by a separate license agreement, and may be subject to a licensing fee.
14. DATA PROTECTION. The Parties agree to comply with any privacy and data protection laws, including without limitation the General Data Protection Regulation (GDPR), to the extent relevant to the exchange of data between the Parties or storage or exchange of data in connection with Product provided hereunder.
15. TERMINATION. In addition to any remedies that may be provided under these terms and conditions, Draeger may terminate this Agreement or any part thereof with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement and such failure continues for thirty (30) days after Customer's receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of this Agreement, in whole or in part; (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors; or (iv) undergoes a change of control or ownership. Provisions of this Agreement which by their nature should apply beyond its termination or expiration will remain in force after any termination or expiration of this Agreement.
14. CONFIDENTIAL INFORMATION. All non-public, confidential or proprietary information of Draeger, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Draeger to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Draeger in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third-party.
16. OTHER TERMS.
(a) Compliance with Laws. Customer shall comply with all applicable laws and regulations, including, but not limited to, any laws and regulations relating to the import, export, or re-export of any Product or associated technical data. (b) Benefit and Assignment. Neither Party may assign, subcontract, or delegate any rights or obligations under this Agreement unless stated in the Agreement, without the prior written consent of the other Party. Draeger may assign any of its rights and obligations under this Agreement to one of its affiliates without notice to, or consent of, Customer. This Agreement shall inure to and be binding on the Parties and their respective successors, permitted assigns, and legal representatives. (c) Modification. This Agreement may not be changed, modified, or amended, except in writing signed by duly authorized representatives of the Parties. (d) Governing Law, Venue, and Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions. The Parties hereto hereby agree that the application of the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is expressly excluded.
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought before a court of competent of jurisdiction located in the Commonwealth of Pennsylvania. The Parties irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. EACH PARTY WAIVES ALL RIGHTS TO
A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT.
(e) Integration and Survival. This Agreement together with any attachments or other documents expressly incorporated by reference herein, constitute the entire agreement with respect to the subject matter hereof, and supersede any and all prior agreements, understandings, and communications between the Parties with respect to the Product. The terms of this Agreement that by their nature are intended to survive its expiration will continue in full force and effect after its expiration. (f) Severability; Headings. No provision of this Agreement, which may be deemed unenforceable, will in any way invalidate any other portion or provision of this Agreement. Section headings are for reference only and will have no substantive effect. (g) Waiver. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Parties. No failure and no delay in exercising, on the part of any Party, any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude the further exercise of any other right.
(h) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. (i) Injunction. Customer agrees that the remedies at law may be inadequate to protect Draeger against any actual or threatened breach of Sections 12 and 14 of this Agreement, and, without prejudice to any other rights and remedies otherwise available, Draeger will be entitled to seek injunctive relief.
(j) Limitation of Actions. Any action against Draeger arising out of this Agreement shall be commenced within one (1) year from the date such cause of action has accrued, otherwise the same shall be barred.
(k) No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
(l) Notices. Notices shall be in writing and shall be deemed served upon receipt and shall be delivered in person or by nationally recognized courier or certified mail to Draeger, Inc. 3135 Quarry Road, Telford, PA 18969, Attention CEO with a copy to the same address to the Attention of General Counsel (such copy shall not constitute service or process).
ES PAD REQUIREMENTS ACKNOWLEDGEMENT
FORM
FIRE TRAINING SYSTEM
Status
Effective
rev. ind.
01 effective date
01/14/19
number
DIH OG3020 A05
Publisher
Draeger Inc.
page/of
1/1
Use of this document / contents is forbidden without express authority. All rights reserved. Refer to protection notice ISO 16016.
Printed copies are uncontrolled and for reference purposes only. Regarding site-preparation for a Drager Fire Training System, the customer is responsible for all site-work requirements and/or costs for the system. The customer is responsible for compliance with local building requirements regarding permits, inspections, approvals, and any costs associated with the aforementioned. Sitespecific engineering drawings and/or certifications and local-stamped drawings are not included in the price.
Concrete footing and/or pad design and installation costs and/or associated paving costs are not included in the proposal and are the responsibility of the customer.
Drager will provide a point-load drawing with every pre-sales package. The point-loads shown are based on container tare weights, with allowances made for ancillary structures. No wind-loads or soil analysis are taken in to consideration for these loads. The drawing displays the minimum load of the Drager Fire Training System. It will be necessary to source an engineer that will provide the site-preparation and foundation drawings to properly support the structure(s).
PLEASE NOTE : Pad must be true-level to ensure stairs land at the required height of the pad.
Submitted by :
Customer
Signature
Phone No. :
Email :
Date : Customer Title :
CUSTOMER INITIALS (to be initialed when document exceeds a single page) _______ _______ _______ _______ Change Log
Change notes
Rev 00: Initial Release – New Document
Rev 01: Added note regarding height of pad
PROPOSED FIRE
TRAINING PROP
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 FIRE STATION 72
DRAEGER LIVE
FIRE TRAINING PROP
W MORTON AVE
VETERANS PARK
PORTERVILLE FIRE
STATION 72 N NEWCOMB ST
Item No. 2.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Sale of Surplus Police Motorcycle to Woodlake Police Department SOURCE: Police
COMMENT: Woodlake Police Department staff contacted the Porterville Police Department staff regarding the acquisition of surplus Police motorcycles. Woodlake would like to acquire a Police motorcycle in order to augment its Police Department's patrol unit.
Staff has identified one motorcycle that was taken out of service in 2023 and is being replaced, which would be suitable for the needs of the Woodlake Police Department. Woodlake is interested in acquiring only one Honda Motorcycle at this time. Initially, the request was to have the vehicle donated. The donation of the motorcycle is a benefit to the on-going support and partnerships of another public safety agency in Tulare County. However, in order to establish a clear transfer of the vehicle and liability, it is recommended that the motorcycle be sold to the Woodlake Police Department for the price of $1.00.
The Purchasing Agent is authorized to dispose of surplus property through public auction, trade-in or negotiated sale. Staff has determined that it is in the best interest of the City to negotiate with other law enforcement agencies or teaching/training institutions (Police Academy's) whenever possible. This allows vehicles to be transferred “as is” without having to strip the vehicles of emergency equipment and perform costly safety inspections by City shop staff.
The City also saves the cost of the auctioneer’s commission.
The motorcycle best suited for this proposal is as follows:
• 2015 Honda 1300 (Unit #3340), 29,758 miles.
CA Exempt Plate # 3006516
RECOMMENDATION: That the City Council approve the sale of the surplus Honda 1300 Motorcycle Unit# 3340 for $1.00 to the Woodlake Police
Department for official use.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Item No. 2.
Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Item No. 3.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Authorization to Purchase by Negotiation Equipment Scheduled for Replacement
SOURCE: Finance
COMMENT: In accordance with the City's Purchasing Policy and Procedure Manual, as amended by Resolution No. 122-87 adopted by City Council on October 20, 1987, staff hereby requests approval to begin negotiation for the purchase of the following equipment scheduled for replacement in Fiscal Year 2023-2024, for the various City Departments as follows:
Department Equipment Estimated
Cost
Finance - IT Misc computer equipment $40,000
Parks Maintenance Pickup truck $65,000
Flatbed truck $75,000
Spray rig $20,000
Chipper body $45,000
Sports Complex 12' mower $72,000
8' mower $48,000
Utility cart $15,000
Spray rig $14,000
Leisure Services Light towers (2) $24,000
Streets Pickup truck $60,000
Flatbed truck $75,000
Golf Course Utility cart $22,000
Airport Pickup truck $60,000
Sewer Backhoe $190,000
Vactor $706,370
Generators - 120v / 240v $11,000
Item No. 3.
Department Equipment Estimated
Cost
WWTF Water analyzer $40,000
Dump truck $285,000
Utility cart $17,000
Industrial Pre-treatment Plant Pickup truck $60,000
Lab testing equipment $34,000
Solid Waste Automated containers $250,000
Commercial bins and rolloff
containers
$200,000
Pickup $60,000
Frontloaders (2)* $705,000
Sideloaders (2)* $796,000
Roll-off truck* $280,000
Water Quality Service body with crane $105,000
Water Distribution Backhoe $180,000
Generator 100kw $120,000
Generator 400kw $270,000
Generator 1600W $5,000
Equipment Maintenance Filter crusher $11,200
Engine scanner $8,800
Portable welder $11,000
Fuel pump $68,000
*Prior approval by Council
Funds for the purchase of these equipment items are available in the Equipment Replacement Funds.
RECOMMENDATION: That the City Council authorize the purchase by negotiation of the equipment listed and authorize payment for said equipment upon satisfactory delivery.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Item No. 3.
Final Approver: John Lollis, City Manager
Item No. 4.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Award of Contract - Retail Recruitment Software Firm SOURCE: Community Development
COMMENT: At its meeting on August 15, 2023, the City Council authorized staff to publish a Request For Proposals (RFP) for retail recruitment software firms to support local economic development.
On August 29, 2023, a public notice was published regarding RFP No. 23/24 - SR1967 – Request for Proposals for Retail Recruitment Software Firm. Staff welcomed proposals from firms interested in supplying a fully developed and established software application and reporting solution for retail recruitment market strategy purposes including market research, geofencing, site selection, data analytics and data visualization, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded.
The proposal requirements included receiving information about the firm’s team structure, staff qualifications/experience, itemized retail recruitment software qualifications and the experience of the proposer, such as working with municipalities. The retail recruitment software specifications included operating system requirements, reporting capabilities, foot traffic analysis, ability to provide real-time data analysis visualizations and descriptive marketing tools to identify psychographics, demographics, workforce, foot and vehicular traffic,and spending. A full list of specifications is available within the RFP No. 23/24 – SR1967 document.
The goal for the use of the software is to support the City with tools and data to assist in attracting retail development as well as to support local economic development efforts. Two proposals were received, one from Placer.ai for an annual fee of $28,000 and one from Buxton Company, LLC for an annual fee of $35,000. The two proposals were reviewed by the Rating & Ranking Committee and a demonstration of the functionality and reporting capabilities was provided by both companies.
The proposal from Buxton ranked the highest due to the software's user interface, which is interactive and provides the ability to run custom reports and access data on demand. City staff utilize custom reports to assist in recruiting new retailers to Porterville as well as supporting local businesses with data needs. The other proposal allowed for custom reports to be completed on a request-by-request basis with an average lead time of 4-7 days.
Item No. 4.
The City has utilized Buxton's software in the past to successfully attract several retailers to Porterville. The successes include locating retailers at Porterville Marketplace, Porterville Town Center, and Riverwalk Marketplace.
Staff also currently utilizes Buxton software as a component of the City’s business retention & expansion efforts by providing market data to businesses on a case-by-case basis to local businesses. Having on-demand tools at staff’s disposal provides staff the ability to provide custom support for retail recruitment missions and other data-driven economic development tasks.
Funding for the software is available within the Community Development Department budget.
RECOMMENDATION: That the City Council authorize staff to contract with Buxton Company, LLC, for a one year contract in the amount of $35,000 for software services that support local economic development.
ATTACHMENTS: 1. City Council Agenda Staff Report - August 15, 2023 Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Item No. 6.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Issue a Request for Proposals (RFP) for Retail Recruitment Software Firm
SOURCE: Community Development
COMMENT: At its December 2, 2008 meeting, the City Council authorized City staff to negotiate a contract for a retail recruitment strategy with Buxton, a data-driven customer analytics software platform. The City contracted with Buxton in January 2009 to support strategic retail recruitment efforts.
Since 2009, City staff has continued to utilize the Buxton software platform.
The information provided throughout the years by Buxton has been instrumental in recruiting several retailers to Porterville. The platform includes the following components: Mobilytics, SCOUT and Match. The Mobilytics component analyzes mobile foot traffic data to create and visualize mobile datasets for any place by providing a view of how foot traffic changes over time, creating demographic profiles of an area’s visitors and providing an accurate view of consumer behavior in the trade area. The SCOUT component allows for data visualization in a map-based interface. The Match component provides additional analytic tools to discover which retail, restaurant or consumer service brands are the best matches for any site locally and nationally.
The Buxton software has helped present a compelling case to prospective tenants with data-driven insights. The City’s contract with Buxton expired on July 31, 2023.
A Request for Proposals (RFP) for retail recruitment software firms is being recommended at this time as new technology is constantly developing and would ensure that the newest cutting-edge software options are being assessed to ensure the City continues to leverage the latest and most effective tools for retail recruitment efforts. This may present the City with software solutions that offer similar services at a more competitive price point or that offer more services for the same or similar price point.
RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for retail recruitment software firms to support local economic development.
ATTACHMENTS: 1. Draft Request for Proposals for Retail Recruitment Software Firm
Appropriated/Funded:
Item No. 6.
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Item No. 5.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Acceptance of Project - Drilling Phase of Well 34 SOURCE: Engineering and Project Management
COMMENT: Zim Industries, Inc, has completed the Drilling Phase of Well No. 34. This project included the drilling of a 710-foot-deep pilot hole, conducting geophysical logging and water quality sampling in the pilot hole, reaming the pilot hole, and constructing a 690-foot-deep production well utilizing the reverse rotary drilling method.
Staff tracks construction costs of all capital improvement projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on August 2, 2022, the Council authorized an expenditure of $1,074,948 for construction, construction management, quality control and inspection services for this project. The following itemizes the construction related costs in two categories: 1) the construction contract, and 2) a combination of construction management and quality control. -Final construction cost is $863,150
-Construction management, quality control & inspection service costs are $64,335.89
Total project construction costs equate to $865,402.42, which is less than the $1,074,948 overall budget approved by Council at the time of award. Funding for this project is provided by reimbursement of the State Water Resources Control Board and the funding agreement was approved by Council on June 1, 2021.
Zim Industries, Inc requests that the Council accept the project as complete.
Staff reviewed the work and found it acceptable.
RECOMMENDATION: That the City Council:
1. Accept the project as complete;
2. Authorize the filing of the Notice of Completion; and
3. Authorize the immediate release of final payment, provide no stop notices have been filed.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Item No. 5.
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Maria Bemis, Finance Director
Item No. 6.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Authorization to Negotiate a Consultant Contract - Sports Complex Baseball Field Design
SOURCE: Engineering and Project Management
COMMENT: At its meeting on June 6, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) for qualified consultants/firms to design a new lighted baseball field on the southeast portion of the Sports Complex. On September 6, 2023, staff received a total of three Statements of Qualifications (SOQs) for the Sports Complex Baseball Field Design. Staff reviewed and rated the SOQs from each of the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" to ensure that the firm is qualified and that the submittal met the guidelines of the RFQ. The details of the consultants/firms and the respective SOQ scores are as follows:
O'Dell Engineering
Modesto, CA
86.3 pts
QK, Inc
Visalia, CA
85.3 pts
Precision Civil Engineering, Inc
Fresno, CA
74.7 pts
Staff is pleased with the qualifications of the listed consultants/firms and interest in the project and recommends negotiating a contract with the topranked firm. Staff will seek Council approval of a Service Agreement at a later meeting.
RECOMMENDATION: That the City Council:
1. Authorize staff to negotiate a scope of services contract with O'Dell Engineering; and
2. Authorize staff to negotiate a scope of services contract with QK, Inc. if staff is unable to negotate an acceptable contract with O'Dell Engineering.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Item No. 6.
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Item No. 7.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Authorization to Execute Consultant Agreement with Sally Swanson Architects, Inc. - Self-Evaluation and Transition Plan
SOURCE: Engineering and Project Management
COMMENT: At its meeting on July 18, 2023, the City Council authorized staff to begin negotiations for a scope of services contract with Sally Swanson Architects, Inc for the compilation and implementation of a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. Negotiations took longer than anticipated due to the arduous process of gathering information on all City-owned properties, facilities, and programs.
Staff was able to negotiate these services at a not to exceed price of $221,400.
Funding for the ADA Self-Evaluation and Transition Plan in the amount of $200,000 is provided by Risk Management Funds as approved in the Fiscal Year 2023-2024 Budget. An additional appropriation in the amount of $21,400 from the General Fund Facility Deferred Maintenance/Equipment Replacement Designated Fund is required to fully fund this project.
Staff has found the negotiated price acceptable.
RECOMMENDATION: That the City Council:
1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Self-Evaluation and Transition Plan with Sally Swanson Architects, Inc in the amount of $221,400;
2. Approve the draft Resolution the appropriation of $21,400 from the General Fund Facility Deferred Maintenance/Equipment Replacement Designated Fund to fully fund this project; and
3. Authorize progress payments up to one hundred percent (100%) of the fee amount.
ATTACHMENTS: 1. Draft Resolution
2. Draft Service Agreement
3. Attachment A
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Item No. 7.
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED
MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND
FOR THE AMERICANS WITH DISABILITIES ACT (ADA) SELF EVALUATION AND
TRANSITION PLAN
WHEREAS: The ADA Self Evaluation and Transition Plan is required by the Americans with Disabilities Act and will provide a plan for the removal of access barriers from facilities, services, programs, and activities; and
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.
NOW, THEREFORE, BE IT RESOLVED:
1.That the City Council of the City of Porterville make a finding that the ADA Self Evaluation and Transition Plan is a necessary step towards removing access barriers from City facilities, services, programs, and activities that is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and
2.That the City Council of the City of Porterville does hereby approve and authorize the appropriation of an amount not to exceed $21,400 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the ADA Self Evaluation and Transition Plan:
PASSED, APPROVED and ADOPTED this 3rd day of October, 2023.
Martha A. Flores, Mayor
ATTEST:
John D. Lollis, City Clerk
By: Patrice Hildreth, Chief Deputy City Clerk
Rev. 2013-02-19
SERVICE AGREEMENT
DATE: October 3, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Sally Swanson Architects, Inc, hereinafter referred to as "CONSULTANT".
RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:
Project Name: Americans with Disabilities Act (ADA) Self Evaluation Transition Plan Description of Project: In general, the consultant will be compiling and implementing of a comprehensive ADA Self Evaluation and Transition Plan. Details are summarized in Scope of Services as Attachment “A”.
IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:
SECTION 1. CONTRACT SERVICES:
CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the attached proposal.
SECTION 2. PAYMENT:
In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Two Hundred Twenty-One Thousand Four Hundred Dollars, ($221,400).
TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.
CONSULTANT should receive payment within 45 days of the date the bill is received.
SECTION 3. COMPLETION DATE:
The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.
SECTION 4. FAMILIARITY WITH PROJECT:
CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.
SECTION 5. INDEPENDENT CONTRACTOR:
It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.
CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement
injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”
SECTION 6. WORKMANSHIP AND MATERIALS:
Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.
SECTION 7. ASSIGNMENT OF CONTRACT:
It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.
SECTION 8. AFFIRMATIVE ACTION.
CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.
SECTION 9. CONFLICT OF INTEREST CODE:
CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.
CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.
SECTION 10. TERMINATION:
Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.
SECTION 11. ENTIRE CONTRACT:
It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants Service Agreement
and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.
SECTION 12. DISPUTES; VENUE:
If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.
CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.
IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.
CITY OF PORTERVILLE CONSULTANT
By By
Date Date
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^ĐŽƉĞͬApproach
The City of Porterville Scope of Services as outlined in the Request for Qualifications (RFQ) is quite clear and SSA will meet or exceed all requirements of the contract. The project approach is flexible and will be tailored precisely to fit the City’s needs and resources.
Project Process and Methodology
The following outlines the proposed project tasks that will be conducted:
Task 1. Oversee the Development and Execution of the ADA Self-Evaluation and Transition Plan Sally Swanson Architects, Inc. (SSA) plans to attend at least four meetings with City staff, (ADA Coordinator and ADA Liaisons to be determined) including an initial kick-off meeting; interim progress meetings shall be at approximately 50%, 75%, and 90% completion. SSA will also attend and present the ADA Transition Plan to the City Council at a public meeting.
SSA will attend a kick-off meeting with the City to confirm the scope of work before advancing Tasks. SSA will identify all materials required to furnish a self-evaluation and transition plan and coordinate with key City personnel, and other stakeholders, as required. SSA will coordinate involvement of various stakeholders to include appropriate City staff, disability advocacy groups, and the general public throughout the process. a.Administration and Management
Upon award of the contract, SSA will begin the process of reviewing background information and documents as well as planning, coordinating and scheduling a Project kick-off. Many project components discussed here regarding contacts, project schedule and communications will be agreed upon prior to an official project kick-off via email and phone conversations. SSA will manage its team including other administrative functions and overall Project activities consistent with the direction from the City of Porterville in order to meet the Project schedule and budget during the course of services.
SSA will coordinate with the City of Porterville, other government agencies and other affected parties as required throughout the duration of the Project. The SSA Project Team will arrange to meet in-person or via virtual conference technology, at the City of Porterville’s discretion, with the City staff and other appropriate stakeholders to review, refine, and finalize the scope of work, programmatic evaluations, and completion schedules, as well as project communications, final deliverables and overall project strategies and goals.
Project Schedule
SSA will use Microsoft Project to develop schedules including critical tasks. SSA will prepare, monitor, and update progress schedule beginning at the kickoff meeting and ending at City’s acceptance of the final report for the Project. Schedule will indicate significant milestones and the critical path for the Project. SSA will notify City if there are delays in any phase or Task of the Project. In such cases, SSA will make up the schedule in subsequent Tasks of the Project or provide information to City substantiating a time extension. The schedule will be maintained and kept updated at all times and will be updated each time progress and milestones are changed. In addition, the progress schedule will be updated no less frequently than after each task is complete.
QA/QC
QA/QC routines begin before the mission.SSA will QA/QC all materials prior to submittal to the City of Porterville. b.Develop Procedures and Forms
SSA will coordinate with the City of Porterville to develop pertinent procedures and forms. c. Attend Kick-Off, Interim Progress and Final Completion Online Meetings The kick-off meeting is the opportunity for the City staff, other stakeholders and SSA staff to review and refine the scope of work, completion schedules, as well as project communications, final deliverables and overall project strategies and goals. SSA will record and distribute Meeting Minutes to ensure project-wide understanding and accord of all decisions taken at the kick-off meeting. At the City’s discretion, the kick-off meeting can be conducted in-person or via virtual conference technology. "Attachment A"
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SSA will schedule Interim and final completion meetings (in-person or via virtual conference technology at the City’s discretion) to be conducted with designated City staff and other stakeholders at 50%, 75% & 90% completion to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project continuing to move forward raised by City or SSA.
Deliverables include: Four (4) City staff, (ADA Coordinator and ADA Liaisons to be determined) meetings and (1) City Council meeting. Digital copy of monthly project status updates. Presentation and meeting materials to be included in this task. Digital copy of meeting minutes.
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Task 2. Conduct Comprehensive City Buildings, Parks and Parking Lots Surveys and Barrier Assessments a. Inventory Review (Inventory to be provided by the City) SSA will review the inventory, previous studies, and planned capital improvement projects that may modify existing City buildings, parks and parking lots. SSA will review the complete City inventory to confirm which buildings, parks and parking lots provide public access and are not required to be surveyed. SSA will review each building, park and parking lot in detail to determine what area of the building, park and parking lot are subject to public accommodation and are required to be surveyed, and which areas are not considered public accommodations and are not required to be surveyed b. Facility Diagrams
SSA’s site and facility reports will include schematic site and floor plans (provided to SSA by the City) on 8.5” x 11” sheets to facilitate locating barriers identified in the ADA Transition Plan. These key drawings correspond to items in the ADA Transition Plan.
c. Physical Surveys of City Buildings, Parks and Parking Lots SSA will conduct surveys of all City buildings, Parks and Parking Lots on the inventory list to identify and locate all physical barriers to access. SSA will be responsible for determining and identifying the applicable accessibility standards and codes under which features will be measured and confirm the standards and codes with the City prior to performing the surveys.
Field survey assessments will be done in the most unobtrusive manner possible to afford the least disruption to the City’s business. SSA field survey staff will use the applicable current code standards; the updated 2010 regulations of Title II of the ADA, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and the 2019 edition of the California Code of Regulations/Title 24 and as applicable, the California Building Code (CBC). Elements required to be accessible and covered by the surveys will include the following:
Site Exterior: Survey will include exterior path of travel from/to the nearest site entrance point from/to the public rightof-way; accessible parking spaces; passenger drop-off and loading zones; walks and sidewalks; curb ramps; other ramps; way-finding signage; exterior elevators, lifts and where paths of travel from public transit or public parking serve the facility.
Interior: Survey will include all interior areas accessible to and by the general public (and select employee areas where there may be an opportunity to develop program alternatives and options for value engineering); entrances and exits; interior paths of travel; lobbies; public counters; seated waiting areas; public telephones (including TTY); drinking fountains; elevators; platform lifts; doors and gates; access to and through all rooms and spaces; corridors, hallways and vestibules; restrooms; room identification signs; areas of rescue assistance; assembly areas; assistive listening systems; and alarms.
d. Draft Buildings, Parks and Parking Lots Access Compliance Assessment Reports Once review of the field data is complete; SSA will originate the Draft Physical Survey Reports / Access Compliance Assessment Reports (ACAR) identifying each physical element within the public areas of City buildings, parks and parking lots that constitutes a code violation or otherwise hinders or prevents access to persons with disabilities. e. Final Buildings/Facilities Access Compliance Assessment Reports Once the collected field data is verified by SSA, then SSA will produce the Final Physical Survey Reports / Access Compliance Assessment Reports (ACAR). All pertinent information such as inventory, facility diagrams and physical surveys will be listed and mapped in ArcGIS and added to the City website for public reference. 3 ^KW
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f. Draft Monitoring Database in City Approved Software (Same as in Task 2.e.) Deliverables include: A City buildings, parks and parking lots assessment report including facility diagrams. Draft and Final Monitoring Database in City Approved Software.
Task 3. Conduct Self-Evaluation for City Policies, Programs and Practices SSA will evaluate municipal codes, master plans, programs, city contract language, and activities for compliance with ADA and California accessibility requirements.
a. Thorough Review of the Existing ADA Reports and Documentation SSA will thoroughly review City policies, practices, documentation, and program procedures to identify issues which may be discriminatory to people with disabilities. The review will include City policy documents that affect the public. This evaluation will factor in current level of program accessibility, including eligibility requirements, participation requirements, facilities used eligibility, staffing, transportation, communication, emergency procedures and grievance procedures for accessibility. b. Identify Programs & Services and Associated Policies, Practices & Procedures SSA will identify and obtain all necessary documents and materials to conduct the audit process and survey. SSA will review existing City documentation, departmental and facility rules and regulations, planning documents and any other written policy documentation provided by the City and identified as relevant by SSA. SSA will assist the City in identifying the documents and materials needed for review that the City is to furnish and request such documents and materials from the City.
SSA will assist the City in developing the tools and procedures needed to conduct a Self-Evaluation and implement recommendations in accordance with the guidelines and requirements of the Americans with Disabilities Act. c. Selecting Key Personnel Including Orientation Meeting SSA will coordinate with designated key City staff to orient staff with the Self-Evaluation process, including type of information that will be requested in staff surveys and how the information will be used for the Self-Evaluation. SSA will assist the City in identifying what staff/departments shall be considered as key staff to coordinate with.
SSA ensures that, throughout the entire survey process, SSA is available to answer any questions, and work closely with the City to ensure maximum comfort and security with the process and results. d. Staff Surveys Including Questionnaires
SSA will administer a staff survey to evaluate the level of program accessibility within each City department. SSA will be responsible to determine the format and contents of the survey in order to conduct a complete and comprehensive Self-Evaluation, however, it is anticipated that the staff survey will consider such information as eligibility requirements, participation requirements, and facilities used, staff training, transportation, communications, notifications, public meetings, use of contracted services, purchasing, maintenance of accessible features, and emergency procedures.
SSA will submit a draft of the survey for City review, allow for comments, and then prepare final survey documents. e. Draft Programmatic Survey Reports
SSA will present draft Programmatic survey reports and record feedback from the City and will plan and facilitate review meetings either in-person or via virtual conference technology with the City staff as required to assure their familiarity with the draft reports developed under the plan and address any questions or comments in a timely manner. f. Final Programmatic Survey Reports
SSA will Incorporate all Comments and Prepare Final Programmatic Survey Reports.
Deliverables include: Draft Programmatic Survey Reports. Final Programmatic Survey Reports.
Task 4. Prepare Comprehensive ADA Self-Evaluation + Transition Plan a .Draft ADA Self-Evaluation and Transition Plan Update SSA will prepare a Draft ADA Self-Evaluation for City review. 4 ^KW
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b. Final ADA Self-Evaluation and Transition Plan
SSA will prepare the Final ADA Self-Evaluation and Transition Plan that includes an Executive Summary for the City/ADA Compliance Team review and approval.
SSA will prepare an ADA Transition Plan.
a .Draft ADA Self-Evaluation and Transition Plan Update The Transition Plan aspect of the report will identify and prioritize removal of structural barriers for accessibility purposes. The Transition Plan will accomplish the following:
The Transition Plan aspect of the report will provide an analysis and summary of the following:
• Methodology for prioritization of barrier remediation • Estimated costs for barrier remediation
• Implementation schedule
• Procedures and forms for monitoring implementation
• Procedures and forms for performing evaluations of additional barrier • Procedures and forms for filing Requests for Accommodation • Standard drawings for remediation methods
• Identify the responsible party for implementing the ADA plans • A section will also be included that lists references and contact information SSA will present the Draft ADA Transition Plan and record feedback from the City. SSA will plan and facilitate review meetings either in person or via virtual conference technology (at the City’s discretion) with the City staff as required to assure their familiarity with the draft ADA Transition Plan developed under the plan and address any questions or comments in a timely manner.
b. Final ADA Self-Evaluation and Transition Plan
SSA will incorporate all changes and develop the final ADA Transition Plan including Executive Summary.
Deliverables include: Draft ADA Self-Evaluation and Transition Plan per Title II of ADA. Final ADA Self-Evaluation and Transition Plan, including an Executive Summary.
Task 5. Public Outreach/Meetings
SSA will assist the City of Porterville in hosting outreach events, and soliciting input from stakeholders, per ADA §35.150(d)(1) during the development of the transition plan:
“…A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations presenting individuals with disabilities, to participate in the development of the transition plan” a. Administration Including Presentation, Agenda, Materials & Minutes Public Outreach Meeting Contingency Plan (at the City’s discretion either in person or virtual attendance) Social distancing and sheltering in place are the new normal, but public vetting of the Transition and Self-Evaluation plan is still required by law. Even if the world returns to ‘normal’ anytime soon, it’s likely that communities of people with disabilities may not want to attend in-person gatherings because they may be more susceptible to ongoing health issues.
In order to help the City to meet its legal obligations for public vetting of this Transition Plan, Sally Swanson Architects proposes the following Virtual Town Hall Contingency Plan that can be implemented (at the City’s discretion).
SSA will host in person or “virtual” Town Halls along with online surveys that can be noticed to the public through the City’s marketing channels. Per the RFQ, the City will “coordinate and provide the venue and publicity for the public meetings”.
Virtual Town Hall (alternate to in-person meetings, at the City’s discretion) Set up virtual town hall meetings via Zoom Webinar.
Anyone who wishes to participate will need to register (for security, to ensure participants can access, and to support subsequent follow up if needed).
Zoom Town Hall meetings will feature ASL and live captioning provided by the City. 5 ^KW
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Meetings will be recorded and made available for later viewing, if the City wishes.
Anyone who is unable to attend may submit a public comment via email, in writing, or by phone.
Meeting organizers document all comments made by participants Surveys
SSA will develop a post-town halls survey to be sent out to participants after town halls, if the City wishes.
Pre-Town Hall Outreach
SSA will assist the City in reaching out to community members via its marketing channels to inform the public of upcoming Town Halls.
Create short reports with the data, results and input from the online surveys and virtual town halls input.
Share reports with the public.
b. Public Outreach Online Meeting No.1
SSA will conduct Public Outreach On-Line Meeting No. 1 that fulfills the City’s directive regarding a virtual meeting format (or in-person meeting at the City’s discretion).
c. Public Outreach Online Meeting No.2
SSA will conduct Public Outreach On-Line Meeting No. 2 (Same as Meeting #1) d. Attend One (1) City Council Meeting
At the request of the City, SSA will attend a City Council Meeting (whether in person or via virtual conference technology at the City’s discretion).
Deliverables include: Assume 2 public outreach meetings and 1 City Council Meeting. Presentation and meeting materials to be included in this task. Digital copy of meeting minutes.
Task 6. Training (***At No Cost to The City***)
SSA will conduct one (1) Training Workshop with designated City Staff on maintaining and updating the ADA Transition Plan (at the City’s discretion, this may be conducted via virtual conference technology). a. On-line Training on Applicable Code, Inspection, Report, Database and Procedures Training shall be conducted to include, but not limited to:
• Review Federal and/or State accessibility standards and codes • Update Transition Plan inventory list and mapping
• Monitor and update the ADA Transition Plan
Deliverables include: SSA will provide the materials required to conduct the Training Workshop.
Final note on SSA’s Proposed Approach: The strength of any prospective approach is in the structure it provides. SSA’s time-tested process has been proven to be immensely successful, but “one size may not fit all.” By this we mean we will tailor the specifics to serve the needs and resources of the City of Porterville and its stakeholders, whether that means adapting the schedule to allow for unforeseen local circumstances or fine-tuning ways to communicate the process with all concerned.
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Approach To Provide The Best Product For City
a. Capability to perform all or most aspects of the project. Since its founding by Sally Swanson in 1980, Sally Swanson Architects, Inc. (SSA) has created ADA Self-Evaluation and Transition Plans for over 100 clients, which include dozens of cities, counties and public agencies, providing a full-range of services necessary to ensure client compliance with the myriad federal and state disabled access regulations, including the Americans with Disabilities Act (ADA), State Title 24 Building Code, U.S. Architectural and Transportation Barriers Compliance Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way, Public Rights-of-Way Accessibility Guidelines (PROWAG) and the Federal ADA Accessibility Guidelines and Standards (ADAAG & ADAS). b. Recent experience in projects comparable to the proposed project. Similar ADA Self-Evaluation and Transition Plans include those for the California cities of Los Angeles, Sanger, Chowchilla, Bellflower, Oxnard, Camarillo, Santa Ana, Oakley, Woodland, Salinas, San Marcos, and Clovis, the Counties of Kings, Stanislaus, San Bernardino, Humboldt, Mendocino, Sacramento and San Luis Obispo. In addition, SSA has worked with the California Department of Transportation (Caltrans) since 2002 on ADA access compliance projects. c. Firm’s reputation for professional integrity and competence. Sally Swanson was mentored decades ago by Ed Roberts, the legendary American disability rights activist and founder of the independent-living movement, who was himself severely disabled. It was at this juncture in her life that long-held values of equity and inclusiveness began to take shape; values that have informed her work for 43 years. And now, drawing on Ms. Swanson’s pioneering vision for creating a global inclusive environment, individuals are drawn to SSA based on their interest in making the firm’s accessibility philosophy their own. Ms. Swanson’s education includes a M.A. in Urban Design and Planning, Columbia University; Environmental Studies, University of Washington; and a B.A. in Architecture, University of Illinois. She is a member of the American Institute of Architects, American Public Transportation Association (APTA) Urban Design Working Group, Peralta Community College District Foundation, Board Member, and the Transportation Research Board (TRB) Subcommittee on Art and Design Excellence in Transportation. Ms.
Swanson founded her firm in 1980 and is a Paralympics Reporter accredited by the United States Olympic and Paralympic Committee (USOPC). She has covered the Summer and Winter Paralympic Games for the past twelve years. Accessibility is Ms. Swanson’s passion. Creating inclusive environments globally is her life’s work. d. Key personnel’s professional background and caliber. The City of Porterville project will be managed by Sally Swanson, AIA, who will be the main point of contact with the City. Quality Assurance and Quality Control will be led by Scott Saddlemire, CASp, ICC who will provide a hands-on approach to the project, complemented by his expertise, understanding and capabilities garnered from his thirty-year portfolio of related ADA accessibility assessment projects. Chris Sircello, CASp is dedicated to conduct the comprehensive Self-Evaluation of City of Upland public facilities and adjacent public rights-of-way. Mr. Sircello has over 15 years of experience as a Certified Access Specialist (CASp) specializing in ADA facility assessments and public rights-of-way. Tina Dorius, Esq. is named the Policy Specialist. Ms. Dorius is an attorney dedicated to issues pertaining to the Americans with Disabilities Act (ADA). Dr. Deniz Turan, PhD is proposed as the Geographic Information Systems (GIS) and Database specialist.
e. Adequate qualified personnel available for assignment to the project. SSA’s staff of 18 includes 8 State of California Certified Access Specialists (CASp), 1 Policy Specialist, 3 ICC Certified Accessibility Inspectors / Plan Examiners, 2 GIS Specialist, 4 Technical Staff Surveyors /Accessibility Consultants, 3 Licensed Architects, 2 Support Staff:
Marketing+Finance, and 1 Construction Administrator
f. Recent experience in specialized areas of expertise associated with the project. Technology is a particularly useful tool in managing the City’s assets and prioritizing projects. SSA regularly designs unique database systems 7 ^KW
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for its clients that are easily managed and updated to meet each client’s needs. Since its founding in 1980, SSA has demonstrated a long-term dedication to serving the needs of persons with disabilities. SSA has developed a specialization in the area of ADA access as it applies to the Department of Transportation at the local, state and federal level. SSA provided ADA Compliance Consulting services, specializing in ADA Transit Design Standards Manuals for the California Department of Transportation (Caltrans), Bay Area Rapid Transit District (BART), and the County of Mendocino, California; City of Bend, Oregon and the Greater Vancouver Transportation Authority, as well as other cities, counties and public agencies. SSA presents each year at the Transportation Research Board’s (TRB) Annual Meeting in Washington, D.C. on the subject of Wayfinding Universal Design Guidelines for the Technology Subcommittee. Lacking an accessible path-of-travel proves exhausting and confusing for any user having difficulty navigating the path of travel.
g. Demonstrated ability to meet schedules or deadlines. SSA’s project pages note that projects were completed on time. Historically, all SSA projects meet their schedule. h. Demonstrated ability to complete projects without having major cost escalations or overruns. SSA’s project pages note that projects were completed within budget. Historically, all SSA projects meet their budget. i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
SSA does not utilize sub-consultants to conduct ADA Self-Evaluation and Transition Plan projects. j. Quality of project(s) previously undertaken. SSA’s project references are able to comment on the firm’s quality assurance / quality control. QA/QC routines begin before the mission. It is the first management activity to ensure that a process, item, or service is of the quality expected by the user, as well as to create management controls that address planning, implementation and review of data collection activities. Subsequent QA/QC activities provide routines and consistency checks to ensure project integrity, correctness, and completeness k. Familiarity with and proximity to the geographic location of the project. SSA works often in the general vicinity of the City of Porterville. SSA previously completed an ADA Self-Evaluation and Transition Plan for Kings County, which is adjacent to Tulare County. Cities included Hanford, Kettleman City, and Lemoore. Other nearby cities include Shafter, Sanger and Chowchilla among others.
l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. SSA Project survey staff will be located in the City of Porterville to conduct the City’s Buildings, Parks, Parking Lots and Public Rights-of-Way survey assessments. This will be a temporary field office during the project term. The SSA team will fully have the support of the home office (San Francisco).
m. The methods of communication that SSA implements between SSA’s staff and the City of Porterville will ensure that the ADA access compliance services required by the City will be performed to the City’s satisfaction, including “potential problems and the City’s special concerns”.
SSA begins this process with the development of a communications plan. This is a process that will carry through to the completion of the project. Generally the broad outline of such a plan includes the following key elements:
• Identification of issue types and responsible parties • Procedures for escalating and resolving issues and/or disputes • Procedures for managing status updates
It is SSA’s experience when faced with a rare challenge on prior projects subject to stakeholder involvement with 8 ^KW
ͬAPPROACH TO PROVIDE THE BEST PRODUCT FOR CITY
the possibility of conflicting project objectives, SSA has responded by shifting staff to particular tasks in order to expedite priorities. This has occurred on occasion with regard to a municipality’s upcoming facility renovation or street beautification project.
n. Degree of interest shown in undertaking the project. With regard to the City of Porterville scope of work, SSA understands the level of coordination and commitment required for timely and cost-effective project delivery.
SSA is a results-oriented firm that regularly meets client obligations to maintain schedule and budget. The firm manages increasingly complex projects, collaborates well with all interested parties, and imbues each project with a spirit of camaraderie that instills a sense of project ownership amongst all participants. SSA offers its interest and commitment to engage with the City of Porterville staff and stakeholders to achieve its goals and objectives through the project term. o. Evidence that consultant is an equal opportunity employer. SSA has an EEO policy included in Section F Policy in Providing Equal Employment Opportunity. p. Proximity of firm’s office to project. The distance between the City of Porterville and the City of San Francisco is 267.5 miles, travel time is 4 hour 38 minutes via I-5 S. The project office for Sally Swanson Architects, Inc. (SSA) is located at 100 Bush Street, Suite 1625, San Francisco, CA 94104. A local City of Porterville field office will be determined upon project award.
EXCEPTIONS + DEVIATIONS
Exceptions and Deviations
Sally Swanson Architects, Inc. (SSA) attests that it accepts in entirety the Request for Qualifications issued by the City of Porterville, the sample Service Agreement and that it meets the levels and types of insurance required by the City. There are no technical exceptions or contractual exceptions. 9 CITY OF LA HABRA - ADA ACCESSABILITY ASSESSMENT SURVEY FY 2023- FEE PROPOSAL - SALLY SWANSON ARCHITECTS, INC. (SSA) Tasks
PIC /
Project
Manager
CASp
QA/QC
Policy
Specialist
Facility
Specialist
GIS/
Database Specialist
Technical
Staff Operations
Sally
Swanson
Scott
Saddlemire
, CASp
Tina
Dorius,
Esq.
Chris
Sircello,
CASp
Deniz
Turan Various Various Car (Week) Lodging (month) Meals & Incidental (Day) $300.00 $250.00 $300.00 $300.00 $175.00 $125.00 $125.00 $400.00 $2,940.00 $79.00 1 Development and Execution of the ADA Self-Evaluation and Transition Plan a. Administration & Management 6 10 16 $4,800.00 $4,800.00 b. Develop Procedures & Forms 4 4 $1,200.00 $1,200.00
c. Attend Kick-Off, Interim Progress & Final Completion Online Meetings 4 4 8 $2,400.00 $2,400.00 Subtotal: 10 0 18 0 0 0 0 28 $8,400.00 $0.00 $0.00 $0.00 $8,400.00 2 Conduct Comprehensive City Buildings, Parks, and Parking Lots Surveys and Barrier Assessments a. Inventory Review (Inventory provided by the City) 6 1 5 12 $3,550.00 $3,550.00 b. Facility Diagrams 4 1 6 11 $3,250.00 $3,250.00
c. Physical Surveys of City Buildings, Parks, and Parking Lots 2 480 482 $144,500.00 $144,500.00 d. Draft Buildings, Parks, and Parking Lots Access Compliance Assessment Reports 5 2 6 13 $3,800.00 $3,800.00 e. Final Buildings/Facilitie, Parks and Parking Lots Access Compliance Assessment Reports 5 2 6 13 $3,800.00 $3,800.00 f. Draft Monitoring Database in Excel or City Approved Software 1 2 3 $850.00 $850.00 g. Final Monitoring Database in Excel or City Approved Software 1 2 8 11 $2,250.00 $2,250.00 Subtotal: 20 10 0 507 8 0 0 545 $162,000.00 $0.00 $0.00 $0.00 $162,000.00 3 Conduct Self-Evaluation for City Policies, Programs and Practices a. Thorough Review of the Existing ADA Reports and Documentation 3 8 11 $3,300.00 $3,300.00 b. Identify Programs & Services and Associated Policies, Practices & Procedures 3 6 9 $2,700.00 $2,700.00 c. Selecting Key Personnel Including Orientation Meeting 3 6 9 $2,700.00 $2,700.00 d. Staff Surveys Including Questionnaires 3 6 9 $2,700.00 $2,700.00 e. Draft Programmatic Survey Reports 4 12 16 $4,800.00 $4,800.00 f. Final Programmatic Survey Reports 4 24 28 $8,400.00 $8,400.00 Subtotal: 20 0 62 0 0 0 0 82 $24,600.00 0 0 0 $24,600.00 4 Prepare Comprehensive ADA Self-Evaluation + Transition Plan a .Draft ADA Self-Evaluation and Transition Plan Update 2 12 24 38 $8,400.00 $8,400.00 b. Final ADA Self-Evaluation and Transition Plan 2 18 16 36 $8,800.00 $8,800.00 Subtotal: 4 0 30 0 40 0 0 74 $17,200.00 0 0 0 $17,200.00 5 Public Outreach / Meetings
a. Administration Including Presentation, Agenda, Materials & Minutes 2 8 8 18 $4,400.00 $4,400.00 b. Public Outreach Online Meeting No.1 2 4 6 $1,800.00 $1,800.00 c. Public Outreach Online Meeting No.2 2 4 6 $1,800.00 $1,800.00 d. Attend One (1) City Council Meeting 2 2 4 $1,200.00 $1,200.00 Subtotal: 8 0 18 0 8 0 0 34 $9,200.00 $0.00 $0.00 $0.00 $9,200.00 6 Training (***At No Cost to The City***)
a. On-line Training on Applicable Code, Inspection, Report, Database & Procedures $0.00 Subtotal: 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 Grand Total Optional Services 62 10 128 507 56 0 0 845 $221,400.00 $0.00 $0.00 $0.00 $221,400.00 Notes: 1. If there is a significant increase to the scope of work outlined above, SSA reserves the right to renegotiate the services fee with the City.
2. Sally Swanson Architects, Inc. (SSA) guarantees that no additional fees will be charged prior written consent by the City.
3. All expenses are included, including reimbursable, if applicable.
4. All reports will be submitted in PDF format.
Task
# Total Hours Total Labor Costs
Sally Swanson Architects, Inc.
Total Fee
ODC's
Other Direct Costs
Task Description
9/28/2023
10 Item No. 8.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Consideration of Approval of a Master Instructional Service Agreement with Fresno City College
SOURCE: Fire
COMMENT: The Porterville Fire Department has collaborated with Fresno City Community College for the development of an in-service firefighter training program. In the program, the Fire Department provides in-service firefighter training to the Department's firefighters through the Fresno City College Fire and Emergency Technology Division. It enables the College to furnish unit credits to students completing the in-service fire training classes.
Through the draft Master Instructional Service Agreement (MISA), the College intends to claim full-time equivalent student hours and receive State funding for the courses provided by the Fire Department. The Department provides much of the training and program coordination, and as such, the City is entitled to a portion of the State funding received by the College for firefighter students enrolled in these courses.
In consideration of the services provided, Fresno City College shall pay the Department fifty-nine percent (59%) of the State's base apportionment earned from eligible instructional Full-Time Equivalent Student (FTES) hours.
This Agreement is much like the City's current agreement with the California Joint Apprentice Committee (CalJAC) for training newly hired or promoted employees. With CalJAC apprentices, the City only receives reimbursement for a set period of time, depending on the position. With the MISA, the City would continue to receive reimbursement for employees no longer eligible to be enrolled in CalJac.
RECOMMENDATION: That the City Council authorize the Fire Department to enter into a Master Instructional Service Agreement with Fresno City College for an in-service firefighter training program for a oneyear period beginning immediately with reoccurring optional oneyear renewal periods.
ATTACHMENTS: 1. Draft Master Instructional Service Agreement Appropriated/Funded:
Review By:
Item No. 8.
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
1 MASTER INSTRUCTIONAL SERVICE AGREEMENT
BETWEEN
FRESNO CITY COLLEGE
AND
PORTERVILLE FIRE DEPARTMENT
This Agreement is made and entered into this 1st day of August, 2023 by and between Fresno City College (FCC), a college of the State Center Community College District (SCCCD), and PORTERVILLE FIRE DEPARTMENT (PFD), a municipal corporation, (together, “the parties”).
WITNESSETH
WHEREAS, FCC is authorized by the California Education Code (“Education Code”) and Title 5 of the California Code of Regulations (“Title 5”), to conduct Contract Instruction, Assessment and Counseling Services to serve community needs; and
WHEREAS, PFD desires to contract with FCC for to provide educational services to its in-service personnel as set forth herein; and
WHEREAS, the parties mutually desire cooperation of the parties to provide quality instruction and training to meet community needs, as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, FCC and PFD mutually agree as follows:
Section 1. RESPONSIBILITIES OF FCC
a. FCC shall offer approved courses to meet educational needs and requirements of the PFD’s in-service personnel, as specified by PFD (all class participants are in-service fire personnel and shall hereafter be referred to as “students”).
b. FCC shall provide a coordinator to work with PFD. Said coordinator shall act as the PFD co-director for all FCC affiliated educational courses. Under no circumstances, however, shall the coordinator have authority over the remaining operations of PFD, including but not limited to, personnel issues concerning PFD employees, operational budget, or the use, maintenance, or scheduling of PFD facilities.
c. FCC and PFD will mutually ensure ancillary and support services are provided for the students. (e.g., Counseling, Guidance, & Placement Assistance). d. FCC shall assist the PFD in registration and other support services to students in order to adequately manage and control its course offerings.
e. FCC shall approve of the selection of instructors and facilitators and evaluate the quality of instruction to ensure that it meets the needs of the students and the accreditation requirements of FCC. FCC shall have the primary right to control and direct the instructional activities of all instructors.
f. FCC shall ensure that course offerings meet all appropriate requirements of the Education Code and Title 5.
g. FCC shall consult the PFD on any revisions to existing FCC courses designed for the PFD 2 program, initiation of new courses, or any other changes, in order to ensure the quality of educational services and to meet the needs of the PFD. h. FCC shall provide the use of its facilities and equipment free of charge for use by the PFD, on an as-needed, space available basis for affiliated programs. FCC shall attempt to provide use of said facilities and equipment during normal business hours. i. FCC shall demonstrate control and direction through such actions as: providing the instructor of record an orientation, instructor's manual, Title 5 course outlines, curriculum materials, testing and grading procedures and any other materials and services it would provide its hourly instructors on campus.
j. By signing this Agreement, FCC certifies it does not receive full compensation for direct education costs of the course from any public or private agency, individual or group. k. FCC has the primary right and responsibility to control and direct the activities of the person or persons furnished by the PFD during the term of the Agreement.
Section 2. RESPONSIBILITIES OF PFD
a. PFD shall provide classroom space for use as off-campus sites by FCC, free of charge for Instructional Service Agreement (ISA) courses.
b. PFD shall provide instructors, facilitators, equipment, materials, day-to-day management support, and all other related overhead necessary to conduct FCC's ISA courses. c. PFD shall cooperate with FCC to ensure all personnel, equipment, and materials used in carrying out its responsibilities under this Agreement conform to Education Code and Title 5 mandated standards governing instructional programs, including minimum qualifications for instructors.
d. PFD shall use the money received as compensation for services under this Agreement for educational and training related purposes as they relate to fire and public safety training programs.
e. PFD shall assist FCC in collecting all instructional fees associated with the class offerings under this Agreement.
f. PFD shall pay the tuition fee of $46.00 per unit for all PFD students enrolled in ISA courses. g. PFD shall pay the off-site health fee of $13.00 per semester for all PFD students. h. Records of student attendance and achievement shall be submitted by PFD to FCC regularly and then maintained by FCC. Records will be open for review at all times by officials of the college and submitted on a schedule developed by FCC by no later than July 1st annually (see Appendix A).
i. By signing this Agreement, PFD certifies the training facility is open to the public and the instructional activities agreed upon herein will not be fully funded by other sources.
Section 3. PAYMENT FOR SERVICES
a. In consideration of the services provided herein, FCC shall pay PFD 59% of the state base apportionment earned from eligible instructional Full-Time Equivalent Student (FTES) hours (See Appendix B). FCC shall pay PFD 60% in academic year 2023-2024. b. Above hours shall not exceed 50,000 Student Instructional Hours (50-minute hours) per 3 academic year, only applicable in academic years when the California Community College Chancellor’s Office (CCCCO) implements apportionment caps for its colleges. A notice would be provided to PFD no later than October 30th annually if CCCCO apportionment caps will be in place for the academic year.
c. PFD shall submit to FCC an invoice for all mutually agreed upon instructional Full-Time Equivalent Student (FTES) hours provided under this agreement. FCC shall pay PFD the agreed contract price within the agreed upon timeline for the fiscal year, to be established no later than August 1st annually (see Appendix C). Any adjustments to the fiscal year timeline must be presented a minimum of forty-five (45) days prior to the end of any given course section.
d. Instructional Full-Tim E quivalent Student (FTES) hours are defined as those hours reported on SCCCD's CCFS-320, California Community Colleges Apportionment Attendance Reports, which are subject to audit by SCCCD's independent auditor and the California Community Colleges Chancellor's Office.
Section 4. INDEMNIFICATION
a. PFD shall indemnify, hold harmless and defend FCC, and each of its officers, officials, agents, and volunteers from and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by PFD, FCC or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions of PFD or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by PFD of governmental immunities including California Government Code Section 810 et seq.
b. FCC shall indemnify, hold harmless and defend PFD and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the PFD, FCC or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions of FCC or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by FCC of governmental immunities including California Government Code Section 810 et seq.
c. In the event of concurrent negligence on the part of FCC or any of its officers, officials, employees, agents or volunteers, and PFD or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
d. This section shall survive expiration or termination of this Agreement. 4 Section 5. INSURANCE
a. Each party shall insure its activities in connection with this Agreement and maintain at all times insurance in coverage and limit amounts reasonably necessary to protect itself against injuries and damages arising from the acts or omissions caused by each party, their respective Boards, officers, employees and agents in the performance of this Agreement. This insurance requirement may be satisfied through a program of selfinsurance, or insurance coverage afforded to public entities through a Joint Powers Authority (JPA) risk pool.
Section 6. MISCELLANEOUS PROVISIONS
a. If any provisions of this Agreement are found to be, or become, contrary to applicable law or regulations, or court decisions, FCC and PFD agree that the Agreement shall be renegotiated as it relates to said provision, and the remainder of the Agreement shall remain in full force and effect.
b. Term and Termination. The term of this Agreement shall start on April 1, 2023 and terminate on June 30, 2024. Notwithstanding the foregoing, this Agreement may be terminated at any time, with or without cause, upon written notice given to the other party at least thirty (30) days prior to the end of the term in which classes are currently in session.
In the event of such termination, each party shall fully pay and discharge all obligations accruing to the other party up to and including the date of termination. Neither party shall incur any additional liability to the other by reason of such termination. c. Either party hereto maintains the right to cancel services prior to the beginning of each course at no cost to either party to this Agreement.
d. Nondiscrimination. To the extent required by controlling federal, state and local law, the parties shall not employ discriminatory practices in the provision of services, course instruction, employment of personnel, or in any other respect based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
e. This Agreement supersedes any and all other agreements, oral or written, between the parties hereto with respect to the use of the aforesaid facilities or services and contains all covenants and agreements between the parties with respect hereto. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or by anyone acting on behalf of any parties, which are not embodied herein, and that no other agreement, statement, or promise not contained herein shall be valid or binding. Any modification to this Agreement shall be effective only if it is in writing and signed by the PFD and FCC in the form of an amendment to this Agreement.
f. Compliance with Law. In providing the services required under this Agreement, FCC shall always comply with all applicable laws of the United States, the State of California, and PFD, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
g. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of 5 the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. h. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. i. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
j. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
k. Notice or correspondence required by this Agreement shall be delivered electronically, personally or by United States mail as follows:
FCC: Peter Cacossa PFD: Shannon Skiles, Deputy Chief
[email protected] [email protected] Career & Technology Center Porterville Fire Dept
2930 East Annadale Avenue 980 South Jaye Street
Fresno, CA 93725 Porterville, CA 93257
l. The specific courses covered under this Agreement are described in Appendix D, which are incorporated herein by this reference.
m. PFD shall provide FCC a request to add existing courses or sections a minimum of 40 days prior to the desired class start date. Each additional course of instruction shall require a written agreement to offer the course signe d by PFD’s F ire Chief or designee and the FCC President or designee. The course details must be set forth in writing as with the courses listed above and will become attachments to this Agreement. n. ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by electronic signature as provided in this section. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Fresno, California to be effective August 1, 2023.
PORTERVILLE FIRE DEPARTMENT, a
Municipal Corporation:
_______________________________
Shannon Skiles, Deputy Fire Chief
_______________________________
Date
Attest:
_______________________________
Signature
_______________________________
Print Name
_______________________________
Title
_______________________________
Date
_______________________________
Signature
_______________________________
Print Name
_______________________________
Title
_______________________________
Date
Fresno City College, a college of the State
Center Community College District
________________________________
Wil Schofield, SCCCD Vice Chancellor
Finance and Administration
_______________________________
Date
REVIEWED AND RECOMMENDED FOR
APPROVAL
________________________________
Dr. Robert Pimentel, President
Fresno City College
_______________________________
Date
APPROVED AS TO LEGAL FORM:
________________________________
Kristen Corey, SCCCD General Counsel
_______________________________
Date
ISA Contract Appendix A Addendum – Revised Dates for 2023-2024 and 2024-2025 Academic Years ISA Term for Fall 2022 (11/26/22 - 6/16/23)
• Training Hours Cut Off Date: 5/26/23
• Training Hours Due Date: 6/2/23
• Invoice schedule for payments:
o Invoice amount sent to agency by 7/28/23
o Agency submits invoice by 8/4/23
o FCC sends invoice for payment by 8/11/23
o SCCCD sends check to agency by 8/30/23
ISA Term for Summer 2023 (5/27/23 - 12/15/23) CURRENT TERM • Training Hours Cut Off Date: 11/24/23
• Training Hours Due Date: 12/1/23
• Invoice schedule for payments:
o Invoice amount sent to agency by 1/26/24
o Agency submits invoice by 2/2/24
o FCC sends invoice for payment by 2/9/24
o SCCCD sends check to agency by 2/28/24
ISA Term for Fall 2023 (11/25/23 - 6/14/24)
• Training Hours Cut Off Date: 5/24/24
• Training Hours Due Date: 5/31/24
• Invoice schedule for payments:
o Invoice amount sent to agency by 7/26/24
o Agency submits invoice by 8/2/24
o FCC sends invoice for payment by 8/9/24
o SCCCD sends check to agency by 8/30/24
ISA Term for Summer 2024 (5/25/24 - 12/13/24)
• Training Hours Cut Off Date: 11/22/24
• Training Hours Due Date: 11/29/24
• Invoice schedule for payments:
o Invoice amount sent to agency by 1/24/25
o Agency submits invoice by 1/31/25
o FCC sends invoice for payment: by 2/7/25
o SCCCD sends check to agency: by 2/28/25
ISA Term for Fall 2024 (11/23/24 - 6/13/25)
• Training Hours Cut Off Date: 5/23/25
• Training Hours Due Date: 5/30/25
• Invoice schedule for payments:
o Invoice amount sent to agency by 7/25/25
o Agency submits invoice by 8/1/25
o FCC sends invoice for payment: by 8/8/25
o SCCCD sends check to agency: by 8/29/25
7 APPENDIX A
Student Attendance & Registration Records Schedule for 2020-2021:
1. Training Hours & Student Applications Agency Cut Off Date (Fire Agencies Only) on the last Friday of each month:
a. Wednesday, July 15, 2020
b. Saturday, August 15, 2020
c. Tuesday, September 15, 2020
d. Friday, October 30, 2020
e. Friday, November 27, 2020
f. Friday, December 25, 2020
g. Friday, January 29, 2021
h. Friday, February 26, 2021
i. Friday, March 26, 2021
j. Friday, April 30, 2021
k. Friday, May 28, 2021
l. Friday, June 25, 2021
2. Due date to FCC FIRET (Fire Agencies Only) program staff is first Friday of the following month:
a. Wednesday, July 15, 2020
b. Saturday, August 15, 2020
c. Tuesday, September 15, 2020
d. Friday, November 6, 2020
e. Friday, December 4, 2020
f. Friday, January 1, 2021
g. Friday, February 5, 2021
h. Friday, March 5, 2021
i. Friday, April 2, 2021
j. Friday, May 7, 2021
k. Friday, June 4, 2021
3. Deadlines for Any Final Student Applications and Unresolved Academic and/or Financial Holds for the Section:
a. Friday, July 31, 2020 (AJ Only)
b. Sunday, August 9, 2020 (FIRET Only)
c. Friday, November 27, 2020
d. Friday, May 28, 2021
8 APPENDIX A (continued)
Projected Student Attendance & Registration Records Schedule for 2021-2022:
1. Training Hours & Student Applications Agency Cut Off Date (Fire Agencies Only) on the last Friday of each month:
a. Friday, July 30, 2021
b. Friday, August 27, 2021
c. Friday, September 24, 2021
d. Friday, October 29, 2021
e. Friday, November 26, 2021
f. Friday, December 31, 2021
g. Friday, January 28, 2022
h. Friday, February 25, 2022
i. Friday, March 25, 2022
j. Friday, April 29, 2022
k. Friday, May 27, 2022
l. Friday, June 24, 2022
2. Due date to FCC FIRET (Fire Agencies Only) program staff is first Friday of the following month:
a. Friday, July 2, 2021
b. Friday, August 6, 2021
c. Friday, September 3, 2021
d. Friday, October 1, 2021
e. Friday, November 5, 2021
f. Friday, December 3, 2021
g. Friday, January 7, 2022
h. Friday, February 4, 2022
i. Friday, March 4, 2022
j. Friday, April 1, 2022
k. Friday, May 6, 2022
l. Friday, June 3, 2022
3. Deadlines for Any Final Student Applications and Unresolved Academic and/or Financial Holds for the Section:
a. Friday, November 26, 2021
b. Friday, May 27, 2022
9 APPENDIX B
FCC Payment Split:
First method is to generate Full-Time Equivalent Student numbers in order to calculate the percentage split of apportionment collected. Full-Time Equivalent Student hours are then multiplied by a percentage split based on the State Base Apportionment determined on an annual basis. The following are a few examples per a single Instructional Service Agreement (ISA) course:
58% in academic year 2021-2022 of the instructional Full-Time Equivalent Student (FTES) eligible for state base apportionment based on Daily Student Contact Hours (DSCHs). The following is the formula that will be applied for payment:
DSCH = # of Students x # of Hours Per Unit = # of FTES
525
# of FTES x 58% of State Base Apportionment ($4,013.61 for 19-20) = $ Amount to be Paid
Three examples would be as follows:
FIRET-233 (0.4 unit):
DSCH = 15 students x 24.12 hours for 0.4 Unit = 0.6891428 FTES x 58% of 525 $4,013.61 = $1,604.25
10 APPENDIX B (continued)
FIRET-233 (1.0 unit):
DSCH = 15 students x 80.1 hours for 1.0 Unit = 2.2885714 FTES x 58% of 525 $4,013.61 = $5,327.55
FIRET-133 (21.5 unit):
DSCH = 15 students x 576 hours for 21.5 Unit = 16.457142 FTES x 58% of 525 $4,013.61 = $38,310.48
11 APPENDIX B (continued)
AJ-233R (0.1 unit):
DSCH = 15 students x 10.8 hours for 0.1 Unit = 0.3085714 FTES x 58% of 525 $4,013.61 = $718.32
12 APPENDIX C
2020-2021
March 14, 2020-August 9, 2020 (FIRET Only)
May 23, 2020-July 31, 2020 (AJ Only)
August 1, 2020-December 18, 2020 (AJ Only)
August 10, 2020-December 18, 2020 (FIRET Only)
August 10, 2020-April 30, 2021 (FIRET-136 Only)
November 28, 2020-June 18, 2021 (Both AJ & FIRET)
January 6, 2020-July 3, 2020 (Paramedic ONLY – Class 52) July 6, 2020-July 2, 2021 (Paramedic ONLY – Class 52) August 3, 2020-January 1, 2021 (Paramedic ONLY – Class 53) January 4, 2021-December 31, 2021 (Paramedic ONLY – Class 53) January 4, 2021-July 2, 2021 (Paramedic ONLY – Class 54) Timelines for 2020-2021 Submission of Applications and Hours, Registration and Grades, as well as 320 Reports, Invoicing, and Payments per section:
Section Dates: 5/26/20-7/31/20 (AJ courses) or 3/13/20-8/9/20 (FIRET courses) Section Dates: 8/1/20 (AJ courses) or 8/10/20 (FIRET courses)-12/18/20 Training Hours Cut Off for Agency: 11/27/20
Training Hours Submitted by Agency: 12/4/20
Yellow Apps (Sr. Program Specialist): 12/7/20-12/11/20 Registrations (Sr. Program Specialist): 12/14/20-12/16/20 Positive Attendance Forms (A&R): 12/17/20-12/18/20
Grades & Attendance Entered (ISA Coordinator): 12/17/20-12/21/20 by noon Due to DO: 1/1/21
320 Report Submitted: 1/15/21
A&R Send 320 Report to FCC Academy Director: 1/22/21
OPTIONAL (or can be combined with next section for payment):
o FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency:
1/29/21
o Agency Submit Invoice to FCC Academy Director: 2/5/21 o FCC Sends Invoice for Payment: 2/12/21
o SCCCD Sends Check to Agency: 2/15/21-2/26/21
Section Dates: 11/28/20-6/18/21
Training Hours Cut Off for Agency: 5/29/21
Training Hours Submitted by Agency: 6/4/21
Yellow Apps (Sr. Program Specialist): 6/7/21-6/11/21
Registrations (Sr. Program Specialist): 6/14/21-6/16/21 Positive Attendance Forms (A&R): 6/17/21-6/18/21
Grades & Attendance Entered (ISA Coordinator): 6/17/21-6/21/21 by noon Due to DO: 7/1/21
320 Report Submitted: 7/16/21
A&R Send 320 Report to FCC Academy Director: 7/23/21
13 APPENDIX C (continued)
FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 7/30/21 Agency Submit Invoice to FCC Academy Director: 8/6/21 FCC Sends Invoice for Payment: 8/13/21
SCCCD Sends Check to Agency: 8/16/21-8/27/21
Section Dates: Paramedic ONLY
Student Names & IDs from Agency: 10 business days prior to the start of the section
Registrations (Sr. Program Specialist): 5 business days prior to the start of the section
Training Hours Cut Off for Agency: Last day of the section Training Hours Submitted by Agency: Last day of the section Positive Attendance Forms (A&R): within 2 business days of the end of the section
Grades & Attendance Entered (ISA Coordinator): within 3 business days of the end of the section
320 Report Submitted: 1/15/21 or 7/16/21
A&R Send 320 Report to FCC Academy Director: 1/22/21 or 7/23/21 FCC Academy Director Confirms and Authorizes Invoice Amount: 1/29/21 or 7/30/21 Agency Submit Invoice to FCC Academy Director: 2/5/21 or 8/6/21 FCC Sends Invoice for Payment: 2/12/21 or 8/13/21
SCCCD Sends Check to Agency: 2/15/21-2/26/21 or 8/16/21-8/27/21
14 APPENDIX C (continued)
2021-2022
May 30, 2021-December 17, 2021 (Both AJ & FIRET)
April 4, 2021-December 17, 2021 (FIRET-136 Only)
November 27, 2021-June 17, 2022 (All AJ & FIRET)
May 27, 2022-December 16, 2022 (All AJ & FIRET)
July 6, 2020-July 2, 2021 (Paramedic ONLY – Class 52) January 4, 2021-December 31, 2021 (Paramedic ONLY – Class 53) January 4, 2021-July 2, 2021 (Paramedic ONLY – Class 54) July 5, 2021-July 1, 2022 (Paramedic ONLY – Class 54) July 5, 2021-December 31, 2021 (Paramedic ONLY – Class 55) January 3, 2022-Decmeber 30, 2022 (Paramedic ONLY – Class 55) January 3, 2022-July 1, 2022 (Paramedic ONLY – Class 56) Projected Timelines for 2021-2022 Submission of Applications and Hours, Registration and Grades, as well as 320 Reports, Invoicing, and Payments per section:
Section Dates: 5/30/21-12/17/21
Training Hours Cut Off for Agency: 11/26/21
Training Hours Submitted by Agency: 12/3/21
Yellow Apps (ISA Sr. Program Specialist): 12/6/21-12/10/21 Registrations (ISA Sr. Program Specialist): 12/13/21-12/15/21 Positive Attendance Forms (A&R): 12/16/21-12/17/21
Grades & Attendance Entered (ISA Faculty Coordinator): 12/16/21-12/20/21 by noon
Due to DO: 1/1/22
320 Report Submitted: 1/14/22
A&R Send 320 Report to FCC Academy Director: 1/21/22
OPTIONAL (or can be combined with next section for payment):
o FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency:
1/28/22
o Agency Submit Invoice to FCC Academy Director: 2/4/22 o FCC Sends Invoice for Payment: 2/11/22
o SCCCD Sends Check to Agency: 2/14/22-2/24/22
Section Dates: 11/27/21-6/17/22
Training Hours Cut Off for Agency: 5/27/22
Training Hours Submitted by Agency: 6/3/22
Yellow Apps (ISA Sr. Program Specialist): 6/6/22-6/10/22 Registrations (ISA Sr. Program Specialist): 6/13/22-6/15/22 Positive Attendance Forms (A&R): 6/16/22-6/17/22
Grades & Attendance Entered (ISA Faculty Coordinator): 6/16/22-6/20/22 by noon
Due to DO: 7/1/22
320 Report Submitted: 7/15/22
A&R Send 320 Report to FCC Academy Director: 7/22/22
15 APPENDIX C (continued)
FCC Academy Director Confirms and Authorizes Invoice Amounts per Agency: 7/29/22 Agency Submit Invoice to FCC Academy Director: 8/5/22 FCC Sends Invoice for Payment: 8/12/22
SCCCD Sends Check to Agency: 8/15/22-8/26/22
Section Dates: Paramedic ONLY
Student Names & IDs from Agency: 10 business days prior to the start of the section
Registrations (Sr. Program Specialist): 5 business days prior to the start of the section
Training Hours Cut Off for Agency: Last day of the section Training Hours Submitted by Agency: Last day of the section Positive Attendance Forms (A&R): within 2 business days of the end of the section
Grades & Attendance Entered (ISA Coordinator): within 3 business days of the end of the section
320 Report Submitted: 1/14/22 or 7/15/22
A&R Send 320 Report to FCC Academy Director: 1/21/22 or 7/22/22 FCC Academy Director Confirms and Authorizes Invoice Amount: 1/28/22 or 7/29/22 Agency Submit Invoice to FCC Academy Director: 2/4/22 or 8/5/22 FCC Sends Invoice for Payment: 2/11/22 or 8/12/22
SCCCD Sends Check to Agency: 2/14/22-2/24/22 or 8/15/22-8/26/22
16 APPENDIX D - Fire
FRESNO CITY COLLEGE
ISA COURSE FORM
This course is presented under the ISA contract between Fresno City College and the above agency pursuant to the terms of said contract. The parties agree to offer the course described herein, under the same terms and conditions as set forth in said contract.
COURSE TITLE: Advanced Firefighter Continuing Education – Effective Spring 2021 COURSE NUMBER: FIRET-233 COURSE HOURS: 24.12-80.1 UNITS: 0.4-1.0 DESCRIPTION:
Satisfies annual mandatory continuing education requirements of local Fire Agencies, Fresno City Health Department, the California State Fire Marshal’s Office, and appropriate sections of the California Code of Regulations; may be offered in seminar, lecture, and/or lab format; specific course deliver method to be determined by each respective agency.
LEARNING OUTCOMES AND OBJECTIVES
Course Objectives
1. Given a classroom setting and using knowledge of the Fire Technology discipline, discuss technology advances and revisions to regulations and laws as they apply to the specific fire agency.
2. Given a laboratory setting, apply the physical skills to perform various job-related tasks required by the individual’s fire protection agency.
3. Given a simulated incident scenario, apply the appropriate strategy and tactics that will address the following incident priorities: 1) life safety, 2) incident stabilization and 3) property conservation.
4. Given classroom instruction, reading assignments, and laboratory activities describe and apply the appropriate emergency medical treatment protocol for a given patient scenario as per Fresno City EMS.
Course Student Learning Outcomes
1. Demonstrate the proper psychomotor skills and cognitive reasoning ability necessary to perform all job-related tasks.
Expected SLO
Performance: 70
2. Apply current industry best practices relative to modern fire protection and technology techniques within the scope of employment.
Expected SLO
Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE IN ELUMEN
https://fresnocitycollege.elumenapp.com/public/course/118/d9307200-c2d3-11ea-b635- 7d9d4b349bb1/d9307200-c2d3-11ea-b635-7d9d4b349bb1
17 APPENDIX D - Paramedic
FRESNO CITY COLLEGE
ISA COURSE FORM
AGENCY: Fresno County Paramedic Program
These two courses are presented under the ISA contract between Fresno City College and the above agency pursuant to the terms of said contract. The parties agree to offer the course described herein, under the same terms and conditions as set forth in said contract.
COURSE TITLE: Emergency Medical Technician – Paramedic – Didactic COURSE NUMBER: FIRET-133 COURSE HOURS: 576 UNITS: 21.5
DESCRIPTION:
Designed to produce qualified and competent EMT - Paramedic educated and trained in all elements of prehospital advanced life support to the acutely ill or injured patients; scope of practice is in accordance with Title 22 of the California Code of Regulations.
LEARNING OUTCOMES AND OBJECTIVES
Course Objectives
1. Perform a scene size-up, identifying scene safety, manpower resources, and rescue needs.
2. Perform an initial assessment identifying and managing immediate life threats.
3. Perform detailed and on-going patient evaluations and apply appropriate treatments.
4. Document and record patient and treatment information.
5. Interact appropriately with all other emergency responders.
6. Manage triage, treatment, transport of patients in a multi-casualty event.
7. Communicate with medical control and dispatch using a variety of electronic devices.
Course Student Learning Outcomes
1. Perform an initial assessment identifying and managing immediate life threats.
Expected SLO
Performance: 70
2. Perform detailed and on-going patient evaluations. Expected SLO Performance: 70
3. Apply appropriate treatments. Expected SLO
Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE IN ELUMEN
https://fresnocitycollege.elumenapp.com/public/course/118/0fe0648a-c244-11ea-8b86- e52ff1407be1/0fe0648a-c244-11ea-8b86-e52ff1407be1
18 APPENDIX D (continued)
COURSE TITLE: Emergency Medical Technician – Paramedic Clinical and Field Work COURSE NUMBER: FIRET-136 COURSE HOURS: 679.5 UNITS: 13.0 DESCRIPTION:
The student will rotate through two required settings. The hospital, which consists of rotations in various departments including: emergency, surgery, labor & delivery and pediatrics, specialty units and Advanced Cardiac Life Support (ACLS), certification.
The field, responding with assigned paramedic preceptors, the students will assess the scene, patients and provide appropriate care. The rotations are required to produce qualified and competent EMT-Paramedics who are educated and trained in all elements of prehospital advanced life support to the acutely ill or injured patients, in accordance with local protocols and Title 22 of the California Code of Regulations.
LEARNING OUTCOMES AND OBJECTIVES
Course Objectives
1. Perform a scene size-up, identifying scene safety, manpower resources, and rescue needs.
2. Perform an initial assessment identifying and managing immediate life threats.
3. Perform detailed an on-going patient evaluations and apply appropriate treatments.
4. Document and record patient and treatment information.
5. Interact appropriately with all other emergency responders.
6. Manage triage, treatment, transport of patients in a multi-casualty event.
7. Communicate with medical control and dispatch using a variety of electronic devices.
Course Student Learning Outcomes
1. Perform an initial assessment identifying and managing immediate life threats.
Expected SLO
Performance: 70
2. Perform detailed and on-going patient evaluations. Expected SLO Performance: 70
3. Apply appropriate treatments. Expected SLO
Performance: 70
COURSE OUTLINE OF RECORD AVAILABLE IN ELUMEN
https://fresnocitycollege.elumenapp.com/public/course/118/19e57d43-9283-4443- 8403-cccec59b2073/19e57d43-9283-4443-8403-cccec59b2073
19 APPENDIX D - Police
FRESNO CITY COLLEGE
ISA COURSE LIST
These courses are presented under the ISA contract between Fresno City College and the above agency pursuant to the terms of said contract. The parties agree to offer the course described herein, under the same terms and conditions as set forth in said contract.
AJ-233 - AR-15 Armorer Course
AJ-233A - Tactical Firearms (PSP)
AJ-233B - Firearms - Tactical Rifle
AJ-233C - Civil Procedure for Law Enforcement Officers
AJ-233D - Cal Gang End User Training
AJ-233E - Police Training Officer (PTO)
AJ-233F - Wilderness Tracking
AJ-233G - Electronic Weapons
AJ-233H - Driving (PSP)
AJ-233I - Court & Temporary Holding Facility
AJ-233J - Advanced Officer Course
AJ-233K - Arrest & Control Update
AJ-233L - Training Conference
AJ-233M - Patrol Canine Handler Update
AJ-233N - Search and Rescue Training Update
AJ-233O - Underwater Search and Recovery Update
AJ-233P - Search & Rescue Inclement Weather Update
AJ-233Q - Introduction to Tactical Dispatcher Course
AJ-233R - Response to Active Shooters Update
AJ-233S - Training Conference - Gang Update
AJ-233T - Training Conference - Active Shooter Update
AJ-233U - Training Conference - Emotional Survival for Officers Update AJ-233V - Officer Skills Orientation Update
AJ-233W - Pursuit Intervention Technique - PIT Update
AJ-233X - Critical Incident Stress Debrief Update
AJ-233Y - De-Escalation Update
AJ-234 - Adult Corrections Officer Core Course
AJ-234A - Adult Corrections Officer Core Enhancement Course AJ-234B - PC 832 Laws of Arrest
AJ-234C - PC 932 Firearms
AJ-235 - Reserve Officer - Firearm Update Training
AJ-235A - Reserve Officer - Vehicle Transition Update Training AJ-235B - Reserve Officer Driver Awareness Issues - Below 100 Update AJ-235C - Reserve Officer - E.V.O.C. Update Training
AJ-235D - Reserve Officer - C.P.R. / A.E.D. Update Training AJ-235E - Reserve Officer - First Aid Update Training
AJ-235F - Reserve Officer - Electronic & Impact Weapons Update Training AJ-235G - Reserve Officer - Report Writing Update Training AJ-240 - Arrest and Control Update
AJ-240A - Tactical Rifle for Law Enforcement
20 APPENDIX D (continued)
AJ-240B - Firearms Update
AJ-240D - Driver Training - Emergency Vehicle Update
AJ-240E - Bias Based Policing Update Training
AJ-240F - Principled Policing Update
AJ-240G - First Aid for Medical Injuries Update
AJ-240H - CPR / AED Update Training
AJ-240I - First Aid for Traumatic Injuries Update
AJ-243 - Arrest and Control Update for Probation Officers AJ-243A - Juvenile Institution Orientation Training
AJ-243B - Expandable Baton Update for Probation Officers AJ-243C - Pepper Spray Training for Probation Officers
AJ-243D - Basic Use of Force Options for Probation Officers AJ-243E - Tactical Approaches and Entries for Probation Officers AJ-243F - Field Tactics Update for Probation Officers
AJ-243G - Offender Behavior Modification
AJ-245 - Academy Instructor Certification Course Update AJ-245A - Arrest & Control Techniques Update
AJ-245B - Baton User Update
AJ-245C - Canine Agitator
AJ-245D - Detective School
AJ-245E - Driver Awareness Instructor
AJ-245F - Driver Awareness Update
AJ-245G - Driver Training Instructor
AJ-245H - PIT Instructor
AJ-245I - Driver Training/EVOC/PIT Update
AJ-245J - Driver Training Simulator
AJ-245K - Driving / Force Option Simulator Combo
AJ-245L - Drug Facilitated Sexual Assault
AJ-245M - Electronic Weapons
AJ-245N - Firearms Instructor Update
AJ-245O - Tactical Handgun
AJ-245P - Tactical Rifle Advanced
AJ-245Q - Tactical Rifle Update
AJ-245R - Tactical Rifle 1st Responder
AJ-245S - Tactical Shotgun
AJ-245T - Tactical Handgun Advanced
AJ-245U - First Aid & CPR Refresher
AJ-245V - Force Option Simulator
AJ-245W - Less Lethal Weapons
AJ-245X - Mental Illness Awareness Refresher
AJ-245Y - Officer Safety/Field Tactics
AJ-245Z - Officer Safety/Field Tactics Update
AJ-246 - Rifle Marksmanship and Sniper
AJ-246A - Search/Arrest Warrant
AJ-246B - Traffic Collision Investigation Update
AJ-246C - Use of Force Update
AJ-246D - Perishable Skills Program I
AJ-246E - Perishable Skills Program II
21 APPENDIX D (continued)
AJ-246F - Rifle Instructor
AJ-246G - K9 Handler Update
AJ-246H - MACTAC - Multi Assault, Counter Terrorism Action Capabilities AJ-246I - Basic Bicycle Patrol
AJ-246J - Drug / Alcohol Standardized Field Sobriety Tests Update AJ-246K - Crisis Intervention Training
AJ-246L - Critical Incident Articulation Update
AJ-279 – Citizen’s Academy
COURSE OUTLINES OF RECORD AVAILABLE IN ELUMEN
https://fresnocitycollege.elumenapp.com/public/course/118/d9307200-c2d3-11ea-b635- 7d9d4b349bb1/d9307200-c2d3-11ea-b635-7d9d4b349bb1
Item No. 9.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Assignment of Airport Lease and Consent to Sublet - Lot No. 46E SOURCE: Finance
COMMENT: Lloyd B. Janzen and Bruce D. Janzen, the current leaseholders of Lot No. 46E at the Porterville Municipal Airport, have sold their hangar located on the lot and are requesting the transfer of the lease agreement to the new owner, JLW Associates, Inc. JLW Associates, Inc. is requesting City Council authorization to assume the existing lease agreement between the City and Lloyd B. Janzen and Bruce D. Janzen, which expires on October 31, 2036.
Additionally, JLW Associates, Inc. is requesting to sublet the hangar on Lot No. 46E. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the City. JLW Associates, Inc. is therefore requesting approval to sublet the hangar located at Lot No. 46E to REACH Air Medical Services, commencing on October 1, 2023 and terminating on September 30, 2025. The hangar will be utilized for aircraft parking and storage of maintenance supplies and tools for servicing the aircraft.
RECOMMENDATION: That the City Council:
1. Approve the Assignment of Lease for Lot No. 46E at the Porterville Municipal Airport from Lloyd B. Janzen and Bruce D.
Janzen to JLW Associates, Inc.;
2. Authorize the Mayor to sign the Lessor's Consent to
Assignment of Lease Agreement on behalf of the City;
3. Authorize the Lessee, JLW Associates, Inc., to sublet airport hangar on Lot No. 46E at the Porterville Municipal Airport to REACH Air Medical Services; and
4. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 35 on behalf of the City.
ATTACHMENTS: 1. Bill of Sale
2. Letters of Request
3. Draft Assignment of Lease
4. Draft Lessor's Consent to Assignment of Lease
5. Draft Lessor's Consent to Sublet
6. Locator Map
Appropriated/Funded:
Review By:
Item No. 9.
Department Director:
Final Approver: John Lollis, City Manager
ASSIGNMENT OF LEASE
PORTERVILLE MUNICIPAL AIRPORT
THIS AGREEMENT, made this 3
rd day of October, 2023, by and between Lloyd B. Janzen and Bruce D. Janzen, 1692 Penny Lane, Redlands, CA, owner of a hangar on Lot 46E at the Porterville Municipal Airport, as the Assignor, and JLW Associates, Inc., 1215 Anchors Way Dr, Space 210, Ventura, CA, as the Assignee.
In consideration of the mutual covenants herein contained, each act to be performed hereunder, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Effective September 20, 2023, Assignor hereby assigns, transfers and conveys to Assignee all of his right, title and interest as Lessee, in, to and under a certain Lease Agreement dated April 1, 2005 (hereinafter "Lease"), executed by and between the City of Porterville, as Lessor, and Donald M. Matthews and Marjorie E. Matthews, asthe original Lessees, and assumed by Lloyd B. Janzen and Bruce D. Janzen, on November 1, 2006, providing for the letting of certain premises located at the Porterville Municipal Airport, Porterville, California, being more particularly described as follows:
Airport land Lot No. 46E, containing a total area of approximately 3,220 square feet, and establishing a Lease terminating on October 31, 2036.
2. Effective September 20, 2023, Assignee hereby accepts and assumes all of the obligations, responsibilities and liabilities of Assignor under said Lease, and agrees to perform said Lease Agreement according to its terms, covenants and conditions, without exception, and Assignee understands and agrees that Landlord makes no warranty or representation that either Assignor or Assignee would be given an exclusive use in the Porterville Municipal Airport for the use thereof by Assignor and/or Assignee, except as provided in the Lease.
3. Upon execution of this Assignment of Lease and Landlord's consent hereto, the parties’ Noticed Address shall be as set forth herein above. The parties further understand there is a $150 assignment fee, payable to the City of Porterville, and the Assignee must provide proof of aircraft and hangar owner’s liability insurance within thirty (30) days of Council approval.
4. Assignor hereby covenants said Lease as valid and existing and hereby warrant that Assignor is not in default as of the date of this Assignment.
5. This Assignment shall be binding upon and shall inure to the benefit of the respective parties, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease as of the date first above written.
ASSIGNOR: ASSIGNEE:
JLW Associates, Inc.
BY: BY:
Lloyd B. Janzen Judy Willhite, Owner
BY:
Bruce D. Janzen
LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT
PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 46E
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 46E, described in the foregoing Assignment, hereby consents to Assignment of Lease Agreement from Lloyd B. Janzen and Bruce D. Janzen to JLW Associates, Inc., for the parking and storage of aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.
Dated this 3
rd day of October, 2023.
CITY OF PORTERVILLE
BY: _______________________________
Martha A. Flores
MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:
BY: _________________________
Julia Lew, City Attorney
LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 46E
AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 46E, hereby consents to the request dated September 20, 2023, made by the Lessee, JLW Associates, Inc., to sublet said airport hangar at Lot No. 46E to sublessee, REACH Air Medical Services, commencing on October 1, 2023 and terminating on September 30, 2025, for aircraft parking and storage of maintenance supplies and tools for servicing the aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.
Dated this 3
rd day of October, 2023.
CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores
MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:
BY: _________________________
Julia Lew, City Attorney
Item No. 10.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Paper Shredding Event - October 19, 2023
SOURCE: Finance
COMMENT: The Porterville Chamber of Commerce is requesting approval to hold a Paper Shredding Event on Thursday, October 19, 2023, from 9:00 AM to 1:00 PM.
The Application requests the closure and use of the City's Oak Street parking lot behind the Porterville Chamber of Commerce, between Division Street and Hockett Street. This event will provide one truck for paper shredding and a smaller flatbed truck for disposal of electronics for the community.
This request is made under the Community Civic Events Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, and Exhibit B.
RECOMMENDATION: That the City Council approve the Community Civic Event Application and Agreement from the Porterville Chamber of Commerce to hold the Paper Shredding Event on October 19, 2023, subject to the requirements and restrictions that are listed on the attached copy of the Application and Agreement, Exhibit A, and Exhibit B.
ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, and Certificate of Liability Insurance
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
Item No. 11.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Approval of Community Civic Event - American Conservatory - Fright Night at the Mecca - October 21, 2023
SOURCE: Finance
COMMENT: The American Conservatory is requesting approval to hold "Fright Night at the Mecca" on Saturday, October 21, 2023, from 8:00 PM to 2:00 AM, Sunday, October 22, 2023. The Application requests the closure and use of the alley and the parking lot behind the Mecca and the adjacent buildings to the south of the Mecca off of Second Street on Saturday, October 21, 2023, from 2:00 PM until 6:00 AM on Sunday, October 22, 2023. The event will feature a haunted house, live music and a DJ, and a beer garden in the parking lot behind the Mecca. An outside amplifier permit has been approved from 8:30 PM to 11:00 PM. A 6- foot chain link fence will be required to enclose the entire outside event area to allow for the consumption of alcohol.
This request is made under the Community Civic Events Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
RECOMMENDATION: That the City Council approve the Community Civic Event Application and Agreement from the American Conservatory to hold "Fright Night at the Mecca" on October 21, 2023, subject to the requirements and restrictions contained in the Application and Agreeement, Exhibit A, Exhibit B, and Exhibit C.
ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Insurance Liability
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
Item No. 12.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Approval of Community Civic Event - Veterans Homecoming Committee - Veterans Day Parade - November 11, 2023
SOURCE: Finance
COMMENT: The Veterans Homecoming Committee is requesting approval to hold its annual Veterans Day Parade on Saturday, November 11, 2023, from 10:00 AM to 12:00 PM, continuing the patriotic tradition of honoring veterans and showing gratitude for their service. The Application requests the closure of Main Street from Doris Avenue to Orange Avenue, along with the side streets along Main Street that are indicated on the attached map, from 7:00 AM to 1:00 PM. The Committee also requests barricades, Police protection, street sweeping, and refuse pickup. An outside amplifier permit has been approved from 9:00 AM to 12:00 PM.
This request is made under the Community Civic Events Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B.
RECOMMENDATION: That the City Council approve the Community Civic Event Application and Agreement submitted by the Veterans
Homecoming Committee for the annual Veterans Day Parade on November 11, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.
ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, and Outside Amplifier Permit
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
Item No. 13.
CITY COUNCIL AGENDA – OCTOBER 3, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:
At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of September 19, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.
Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.
On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.
The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).
On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 13.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.
On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.
On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.
On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.
At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 13.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.
On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.
Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.
Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for Item No. 13.
the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.
Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.
To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.
A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.
In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.
County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which Item No. 13.
at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.
As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.
City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.
City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.
Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.
Staff is coordinating with State staff on addressing these new isolated needs.
County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Item No. 13.
Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.
DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.
DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.
Item No. 13.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015
2. City-County Well Agreement - May 10, 2016
3. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021
4. State of California State of Emergency Proclamation: April 21, 2021
5. County of Tulare Drought Local Emergency Resolution:
April 27, 2021
6. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022
7. Governor Newsom Executive Order N-7-22: March 28,
2022
8. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022
9. Governor Newsom Executive Order N-5-23: March 24,
2023
10. State Water Resources Control Board Funding Agreement:
Akin/Central Water Consolidation Project
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.
NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.
IT IS HEREBY ORDERED THAT:
1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.
2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.
3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.
4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.
5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.
6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.
7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.
For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.
8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.
9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.
10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.
11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.
12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.
13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.
14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:
RESOLUTION PROCLAIMING A LOCAL EMERGENCY
BY THE BOARD OF SUPERVISORS
COUNTY OF TULARE, STATE OF CALIFORNIA
IN THE MATTER OF A
LOCAL EMERGENCY DUE TO )
SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR
TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:
AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND
TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:
BY:
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/
CLERK, BOARD OF SUPERVISORS
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
State of California
Office of Administrative Law
In re:
State Water Resources Control Board
NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Regulatory Action:
Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:
Repeal sections:
Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).
The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).
OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.
This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.
Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
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NOTICE REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE
3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
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NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation
2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
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Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
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4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)
5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)
7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179
8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.
SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022
TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board
ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.
Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.
Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 105$.5, Water Code.
References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350
3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the
AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.
PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions
2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf
3. Party Contacts during the term of this Agreement are:
State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:
Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.
A.2. SCOPE OF WORK.
The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.
The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.
The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.
Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.
A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE
ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION
1. Final Plans and Specifications September 1, 2021
2. Final Budget Approval Package February 1, 2022
3. Completion of Construction October 1, 2023
B. REPORTS
1. Progress Reports Quarterly
2. Final Inspection and Certification October 1, 2023
3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS
1. Reimbursement Requests Quarterly
2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.
A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.
B.3 VERIFIABLE DATA.
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.
B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:
LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reasonable indirect costs may be allowable upon approval by the Division.
B.5 LINE ITEM ADJUSTMENTS.
Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.
Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date
2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.
3. Acknowledgements.
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
5. [RESERVED]
6. [RESERVED].
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
7. Environmental/Technical Special Conditions
Technical:
1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.
2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.
3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.
4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.
Environmental:
1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.
2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
8. [RESERVED].
9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
10. [RESERVED].
11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
12. [RESERVED].
13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017