City Council Agenda June 4, 2024
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
JUNE 4, 2024, 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/@cityofporterville4149
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City of Porterville – City Council Meeting of June 4, 2024 Please use the following link below to join the webinar:
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Or via Telephone: 1-669-900-6833 Webinar ID: 819 8839 1205 Passcode: 105443 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: Patricia Vasquez. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Darleta Swearingen. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Enrique Martinez v. Jorge Solis Echeveste, et al., Tulare County Superior Court Case No. PCU 301118.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Jimmy Sanchez v. Porterville Unified School District, et al., Tulare County Superior Court Case No. PCU 307301.
City Council Agenda June 4, 2024
5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) case in which facts are not yet known to potential plaintiff. 6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON
REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Meister
Invocation
PRESENTATIONS
Employee of the Month - Lori Halleck
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.
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. Lease of Six Additional Automated License Plate Readers from Flock Safety Re: Consider authorizing the Police Department to enter into a new five-year lease agreement with Flock Safety to install six additional cameras, for a total of twelve cameras city-wide, at a cost of $36,000 per year or $180,000 (contract total).
2. Request to Purchase a Tape Backup System for Data Protection and Recovery Re: Consideration to approve the purchase of a Dell EMC ML3 Tape Library through our Dell Premier contract for $14,176.43.
3. Request for Approval to Purchase Sophos XGS 3100 Security Devices Re: Considering approval of the purchase of the Sophos XGS 3100 firewall appliances from SHI at a cost of $20,340.98, plus applicable sales tax and shipping.
4. Authorization to Purchase Security Monitoring System for the New Animal Shelter
Re: Consideration of entering into an agreement with STOP Alarm for the installation of a security monitoring system at the Animal Shelter at a cost of $12,950.00.
5. Authorization for Specialized Services-Allmax Software Custom Report Work City Council Agenda June 4, 2024
Re: Consideration of awarding the software custom report work to AllMax Software in an amount not to exceed $7,500; and directing staff to make payment upon receipt of an invoice approved by the Public Works Director.
6. Authorization to Award Annual Polymer Purchase Contract Re: Considering awarding the Wastewater Treatment Facility Annual Polymer Contract to Aqua Ben Corporation for a submitted quote of $1.85/pound for polymer HF 714F; and authorizing staff to sign the contract with the option to extend for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
7. Authorization to Award Ferric Chloride Purchase Contract Re: Consideration to award the Wastewater Treatment Facility Annual Ferric Chloride Contract to California Water Technologies for the submitted quote of $0.265/wet Ib for ferric chloride; and authorizing staff to sign the contract with the option to extend the contract for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
8. Authorization to Distribute Request for Qualifications (RFQ) for Professional Consulting Services - Development of an Active Transportation Plan Re: Considering authorization to distribute an RFQ for professional consulting services to develop an active transportation plan.
9. Approval of the 2024 Update to the Sanitary Sewer Management Plan Re: Approval of the 2024 update to the Sanitary Sewer Management Plan
10. Annual Emulsion Program for Fiscal Year 2024/2025
Re: Consider authorizing staff to secure an emulsion distributor for the Fiscal Year 2024/2025 Self-Performed Street Maintenance Program.
11. Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2024-2025
Re: Considering approval of the 2024-2025 Self-Performed Street Maintenance Program and authorizing the expenditure of $2,000,000.
12. Annual Hauling Services for Asphalt Maintenance Program year 2024/2025 Re: Council authorization to secure annual hauling contractor services for the Fiscal Year 2024-2025 Capital Improvement Projects Overlay Program.
13. Asphalt Grinding Program for Fiscal Year 2024-2025
Re: Consider authorizing staff to secure annual grinding contractor services for the Fiscal Year 2024-2025 Street Maintenance and Overlay Program.
14. Street Striping Program for Fiscal Year 2024-2025
Re: Consideration of authorizing staff to secure annual striping contractor services for the Fiscal Year 2024-2025 to support the Self-Performed Street Maintenance and Overlay Program.
15. Authorization to Negotiate a Consultant Contract - Transit Management, Operations, and Maintenance of Porterville Transit
Re: Consideration to authorize staff to negotiate a scope of services contract with Tree's Sierra Managment, Inc (dba SM Transit) for the Transit Management, Operations, and Maintenance of Porterville Transit.
City Council Agenda June 4, 2024
16. Designation of Authority and Assigned Roles to the FTA TrAMS and ECHO Systems
Re: Consideration to adopt the draft resolution designating authority and assignment of roles to the FTA's TrAMS and ECHO-web systems.
17. Certify Federal Fiscal Year 2024 Certifications and Assurances for FTA Assistance Programs
Re: Consideration to authorize the City Manager and Attorney to sign and certify the Federal Fiscal Year 2024 FTA Annual Certifications and Assurance.
18. Authorization for City of Porterville Fire Department to Host Chief Fire Officer Series of Classes
Re: Consideration to authorize the City of Porterville Fire Department to contract with Mike Kraus Leadership to present the Chief Fire Officer series consisting of classes 3A,3B,3C, and 3D certified by California State Fire Training in an amount not to exceed $35,000.
19. Authorization for Out of State Travel
Re: Consideration to approve the out-of-state travel for the Porterville Police Detective to attend the Drug Enforcement Agency Illicit Hazardous Environment State and Local Basic Technician (SLT) Course in Quantico, Virginia.
20. Cooperative Agreement with California Highway Patrol for Use of the Police Firing Range
Re: Consideration to approve a Cooperative Agreement with the California Highway Patrol for the use of the Porterville Police Department Firing Range.
21. Joint Funding Agreement with Porterville Unified School District for School Resource Officers
Re: Consideration to approve the Agreement for Joint Funding for School Resource Officers with Porterville Unified School District for the period of July 1, 2024, through June 30, 2025.
22. Joint Funding Agreement Burton School District for a School Resource Officer Re: Council to approve the Agreement with Burton School District for Joint Funding for a School Resource Officer for the period of July 1, 2024 through June 30, 2025.
23. Acceptance of Grant Deed by Donation for Real Property APN 259-040-047 from Smee Homes, Inc.
Re: Consideration to adopt a resolution to accept the donation of APN 259-040-047, from Smee Homes, Inc., which is approximately 18.65 acres of land north of the Tule River and south of River Springs Avenue, between Belmont and S. Fir Streets.
24. Authorization of License Agreement for Porterville Armory Re: Consideration to approve the license agreement with the California Military Department for the use of the Porterville Armory located at 29 N. Plano Street.
25. Approval of Community Civic Event - St. Anne's Parish - Corpus Christi Eucharistic Procession - June 8, 2024
Re: Consideration to approve the Community Civic Event application submitted by the St. Anne’s Parish to hold the Eucharistic Procession on Saturday, June 8, 2024, from 8:00 a.m. to 11:00 a.m. within St. Anne’s Catholic Church neighborhood.
City Council Agenda June 4, 2024
26. Approval of Community Civic Event - Porterville Chamber of Commerce - Flag Day Ceremony - June 14, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Flag Day Ceremony on Friday, June 14, 2024, from 7:00 p.m. to 8:00 p.m. at the Grocery Outlet parking lot, located at 50 W. Olive Avenue.
27. 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.
SCHEDULED MATTERS
28. Consideration of Proposed Fiscal Year 2024-2025 Budget and Setting of Date for Public Hearing
Re: Considering the proposed 2024-2025 Fiscal Year Budget, providing any direction on modifications, and scheduling a Public Hearing on the proposed Budget for Tuesday, June 18, 2024.
29. Consideration of Draft Resolution Concerning the Identification of Critical Infrastructure
Re: Considering a draft Resolution Approving the City Manager's Designation of Specified Locations as Critical Infrastructure for Purposes of Municipal Code Chapter 18, Article VII.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Flag Day Committee - May 21, 2024
2. Tulare County Economic Development Corp. (TCEDC) Board - May 22, 2024
3. Eastern Tule Groundwater Sustainability Agency Board Study Session - May 23, 2024
4. Tulare County Association of Governments (TCAG) Sustainable Corridor Committee - May 30, 2024
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 June 18, 2024, at 5:30 P.M.
City Council Agenda June 4, 2024
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
Item No. 1.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Lease of Six Additional Automated License Plate Readers from Flock Safety SOURCE: Police
COMMENT: Over the past few years, the city has seen an increase in retail theft, auto theft, and theft of catalytic converters throughout the city. These thefts normally involve a vehicle occupied by individuals who steal from stores or the vehicles of their intended victims. In 2023, the City Council approved the installation of six (6) Flock cameras which significantly contributed to a steady decrease in crime in these areas by aiding in the arrest and identification of suspects.
In addition to the above efforts, the city entered into a contract with Flock Safety for six (6) Automated License Plate Readers, which were strategically deployed in different areas of the city. License plates can be entered into the system within alert parameters, allowing for immediate notification upon a suspect’s vehicle passing one of the deployed cameras. Searches can also be conducted by department personnel within the Flock system for license plates, including partial plates, as well as vehicle descriptions. The system has the ability to differentiate between vehicle types, models, colors, vehicle damage, or other specific data entered into the system. Staff believes additional cameras will enhance the Department’s investigative abilities.
Currently, with six (6) cameras covering specific areas of the city, there are approximately 1.6 million plates read per month. In addition, officers and detectives have utilized the Flock software to conduct searches after criminal activity has occurred. On average, officers and detectives are conducting 1,600 entries of license plates or vehicle identifiers per month to aid in further investigative efforts. Through these efforts, department staff have been able to resolve cases that may have gone unsolved without the use of this technology.
There have been numerous cases solved with the use of Flock and have included retail theft and auto theft, in addition to violent crimes such as carjackings, attempted murders, and murders. In one specific incident, suspects committed a carjacking in the City of Porterville during which we entered the license plate of the stolen victim's vehicle. The suspects ultimately committed an attempted murder in a county location following the carjacking. They then fled the area. However, thanks to our investigative efforts and Flock's ALPR technology, the suspects were tracked to the city of Gilroy, where Gilroy police (who also have Flock Safety Cameras) were able to locate and capture the suspects.
To enhance the Department’s ability to prevent and investigate such as the Item No. 1.
above-referenced, staff have researched the lease and installation of six (6) additional cameras to be strategically placed throughout the city. The Department will use this additional technology to assist with investigations; and staff believe additional technology could be beneficial in the deterrence, prevention, and investigation of these crimes.
Flock Safety presented staff with a desirable approach to deploying ALPR cameras throughout the community. The Flock program is an all-inclusive model for deploying the APLR cameras. Flock Safety is the sole manufacturer and developer of the Flock Safety Camera. Flock Safety is also the sole provider of comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera. In addition to this, all the police department’s patrol vehicles are outfitted with the Axon Fleet 3 camera system.
These cameras are also ALPR and, due to the fact that Axon and Flock have agreements, the new Flock system will continue to be a seamless partnership with the Axon in-car cameras.
There are several other differences between Flock and other ALPR companies.
Most notably, they are the only manufacturer and service provider that leases ALPR services. Others require the city to purchase equipment. The technology is also different because it captures motion and not just license plates. In addition, as previously noted, they have a business partnership with Axon, which is the department’s provider of body and fleet ALPR cameras currently in the department's police vehicles.
An additional key benefit of Flock Safety is that they charge an annual flat rate lease per camera of $3,000, which is wireless, free of infrastructure setup, and has the option for solar or direct power. They also include a hardware and software maintenance warranty for the length of the contract, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection.
The renewal/extension of the Flock lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. Additionally, by entering a new five-year contract, the police department is locking in the current price before there is an increase in service costs, which is projected to occur in July 2024. The Flock program is being utilized by more than 5,000 police departments across the nation and more than 310 in the state of California. Bakersfield Police Department, McFarland Police Department, Visalia Police Department, Lindsay Police Department, Woodlake Police Department, and Farmersville Police Department are just a few agencies currently utilizing Flock’s services. The City's agreement will continue to allow the department to have access to all Flock partner agencies' cameras. Flock’s cameras capture date, time, location, license plate (state, partial, paper, and no plate), vehicle details (type and color), as well as objects (bicycle, animals, and people).
At the end of the five-year lease period, staff can assess the benefits of the Item No. 1.
program and determine whether to recommend continuing or discontinuing the program. Staff received a quote from Flock Safety for our current six cameras, and six additional cameras with installation at a total cost of $36,000 annually or $180,000 at completion of the contract. As a valued returning customer, staff was also able to negotiate a waiver of the initial cost of the setup and installation of the additional six (6) cameras. The Flock Safety contract is a five-year lease with the payments being $36,000 annually.
Funding for this project is available in the Department's budget.
RECOMMENDATION: That the City Council:
1. Authorize the Police Department to enter into a new five-year lease agreement with Flock Safety to install six (6) additional cameras and increase coverage to twelve (12) cameras for a total cost of $180,000 over five years ($36,000/year); and
2. Authorize staff to sign all necessary documents regarding the contract and make payments per the contract language.
ATTACHMENTS: 1. Porterville PD - Flock Safety
2. Porterville PD - Master Service Agreement
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 2.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Request to Purchase a Tape Backup System for Data Protection and Recovery SOURCE: Finance
COMMENT: The Information Technology (IT) Division is requesting to purchase a tape backup drive to provide offline backups of the City's data. It is IT best practice to provide a 3-2-1-1-0 Backup Strategy to recover from Ransomware and other malicious attacks. The 3-2-1-1-0 Backup Strategy is to have three copies of the City's data, two different media types, one off-site location for disaster recovery, at least one offline copy, and error-free backup recoverability verification. A tape drive would provide a second media type and offline storage to meet the 3-2-1-1-0 Backup Strategy. It would also provide a means to recover from Ransomware attacks more effectively. Staff received three quotes for various tape drive backup solutions listed below:
Vendor Description Total
Dell Dell EMC ML3 Tape
Library
$14,176.43
SHI LENOVO DATA
CENTER TS4300
$15,264.55
CDW-G LENOVO DATA
CENTER TS4300
$21,893.59
Based on the quotes provided, staff is requesting to purchase the Dell EMC ML3 Tape Library through our Dell Premier contract for $14,176.43, plus applicable taxes and shipping. Funds are available in the Department's General Fund budget.
RECOMMENDATION: That the City Council authorize the purchase of a Dell EMC ML3 Tape Library through our Dell Premier contract for $14,176.43, plus applicable taxes and shipping.
ATTACHMENTS: 1. Dell - Tape Drive
2. SHI - Lenovo
3. CDWG - Lenovo Bundle
Appropriated/Funded:
Item No. 2.
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Dell Tape Drive
Prepared for:
City of Porterville, CA
Robert Campos
[email protected]
Prepared by:
John Lynch
May 21, 2024
www.ecei.com
Page: 2 of 5
05/21/ 2024
Executive Summary
May 21, 2024
Robert Campos
City of Porterville, CA
291 N Main St.
Porterville, CA 93257
United States
Dear Robert,
Thank you for allowing Eastern Computer Exchange Inc. (Eastern) to present the following Dell Tape Drive proposal to City of Porterville, CA.
Eastern is the leader in providing IT Digital and Cloud Transformation including Storage, Software, Networking, Security and Virtualization Solutions for your Infrastructure for over 34 years.
We greatly appreciate your time and the opportunity you have given us to prove Eastern and this solution is the best fit for City of Porterville, CA. Please review the financial summary and proposal below.
Description Amount
Dell EMC ML3 Tape Library $13,616.53
Dell HBA355e Adapter $559.90
Final Price $14,176.43
If you have any questions or need additional information, please feel free to contact me at (845)-596-4639.
Thank you for the opportunity to present this proposal, we hope to hear from you soon! Sincerely,
John Lynch | Account Executive
Eastern Computer Exchange, Inc.
Mobile: (845)-596-4639
[email protected]
www.ecei.com
Page: 3 of 5
05/21/ 2024
Dell EMC ML3 Tape Library
Qty Part # Description Total List Total Price
1 210-BKZJ Dell EMC ML3 Tape Library $5,200.00 $2,355.25 1 445-BBEP ML3 LTO9 SAS-HH Tape Drive $14,056.00 $6,366.44 1 440-BBJH Cleaning Tape Cartridge for LTO with Barcode Labels ,1 pack $0.00 $0.00 2 440-BBJQ LTO-9 Tape Media, 5 Pack $4,946.00 $2,240.20 1 389-ECGQ LTO-9 Tape Labels, 1-200 $176.00 $79.73
1 450-AHDR Redundant Power Supply for ML3/ML3E Expansion $1,599.00 $724.24 1 470-ABNN 12Gb HD-Mini to HD-Mini SAS Cable, 2M $166.00 $75.19 1 770-BFBR ML3/ML3E Rack Rails $0.00 $0.00
2 492-BBDG Jumper Cord - C13/C14, 4M, 250V, 12A (North America, Guam, North Marianas, Philippines, Samoa)
$70.00 $31.70
2 492-BBDH Jumper Cord - C13/C14, 0.6M, 250V, 13A (North American, Guam, North Marianas, Philippines, Samoa)
$40.00 $18.10
2 492-BBDH Jumper Cord - C13/C14, 0.6M, 250V, 13A (North American, Guam, North Marianas, Philippines, Samoa)
$40.00 $18.10
1 340-CBRM Dell EMC ML3 Shipping $0.00 $0.00
1 900-9997 On-Site Installation Declined $0.00 $0.00
1 817-6584 Dell Hardware Limited Warranty $770.00 $348.76 1 817-6596 ProSupport: Next Business Day Onsite Service After Problem Diagnosis, 3 Years
$158.00 $71.58
1 817-6602 ProSupport: 7x24 HW/SW Technical Support and Assistance, 3 Years
$2,242.00 $1,015.48
1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355
$0.00 $0.00
1 847-5233 Keep Your Component For Enterprise 3 Years $600.00 $271.76 Total: $13,616.53
www.ecei.com
Page: 4 of 5
05/21/ 2024
Dell HBA355e Adapter
Qty Part # Description Total List Total Price
1 405-AAZY Dell HBA355e Adapter Low Profile/Full Height, ck $1,219.00 $559.90 Total: $559.90
www.ecei.com
Page: 5 of 5
05/21/ 2024
Dell Tape Drive
Prepared by: Prepared for:
Eastern Computer Exchange, Inc. City of Porterville, CA Quote Information:
Quote #: 13041, 8047
John Lynch
845-596-4639
Fax 203-877-5335
[email protected]
291 N Main St.
Porterville, CA 93257
Robert Campos
(559) 782-7499
[email protected]
Version: 1
Proposal Date: 05/21/2024
Expiration Date: 06/19/2024
Quote Summary
Description Amount
Dell EMC ML3 Tape Library $13,616.53
Dell HBA355e Adapter $559.90
Total: $14,176.43
Terms:
Payment Terms:
Maintenance Support:
Late Payment:
Shipping:
Taxes:
30 Days
36 months
1.5% per month
Notincluded
Notincluded
City of Porterville, CA
Accepted & Agreed
Eastern Computer Exchange, Inc.
Duly Authorized Signature Duly Authorized Signature
Name Printed Name Printed
Title Title
Date Date
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Pricing Proposal
Quotation #: 24423437
Created On: 1/26/2024
Valid Until: 5/24/2024
CA-City of Porterville
Robert Campos
291 N. Main Street
Porterville, CA 93257
United States
Phone: 559-782-7432
Fax:
Email: [email protected]
Endri Frasheri
Phone:
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 LENOVO DATA CENTER:CUSTOM TS4300 CITY OF PORTERVILLE MC98270420 05/24/2024
Lenovo - Part#: U0ESQP1
Contract Name: Open Market
Contract #: Open Market
1 $14,587.90 $14,587.90
2 LENOVO DATA CENTER:WARRANTY Fdn Svc-3Y
Lenovo - Part#: 5WS7A03766
Contract Name: Open Market
Contract #: Open Market
1 $676.65 $676.65
Subtotal $15,264.55
*Tax $1,427.32
Total $16,691.87
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Please Note: Lenovo has a zero returns policy on any custom build machines. Lenovo also does not allow returns on open box/phased out products. For these products, orders are non-cancellable and non-returnable from point of order.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are Open Market and resold in accordance with the terms and conditions at SHI Online Customer Resale Terms and Conditions.
Item No. 3.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Request for Approval to Purchase Sophos XGS 3100 Security Devices SOURCE: Finance
COMMENT: The Information Technology (IT) Division is requesting authorization to purchase two (2) Sophos XGS 3100 firewall devices, to be located in the IT server room, to replace two (2) Sophos XG 330. The current devices are six years old and they need to be replaced before the end of their life cycle. The safest transition is to migrate to the current model, a Sophos XGS 3100. Sophos has been an established company since 1985, and they have provided reliable equipment and technical support since we have been using their hardware and software.
Staff received the following quotes for two (2) Sophos XGS 3100:
Vendor Quote
SHI International Corporation $20,340.98
StrictlyTech $20,976.30
CDWG $27,117.10
Based on the quotes provided, staff is requesting to purchase two (2) Sophos XGS 3100 firewall devices from SHI International Corporation (SHI) for a total of $20,340.98, plus applicable taxes and shipping. The quoted proposals also include a High Availability (HA) license for redundant purposes. When a failure occurs on the primary unit, services will fail over to the secondary unit with minimal interruption. This technique is considered best practice to ensure maximum up-time. The SHI proposal also includes three years of support and maintenance. Funds are available in the Equipment Replacement Fund.
RECOMMENDATION: That the City Council authorize the purchase of the Sophos XGS 3100 firewall appliances from SHI at a cost of $20,340.98, plus applicable sales tax and shipping.
ATTACHMENTS: 1. CDWG - NWNC435
2. SHI Quote - 24706868
3. StrictleyTech - 26408
Appropriated/Funded:
Review By:
Item No. 3.
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Hardware Software Services IT Solutions Brands Research Hub
QUOTE CONFIRMATION
Thank you for choosing CDW. We have received your quote.
ROBERT CAMPOS,
Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.
For all other customers, click below to convert your quote to an order.
This quote is subject to CDW's Third Party Cloud Services Order Form Terms and Conditions set forth at
https://www.cdwg.com/content/cdwg/en/terms-conditions/third-party-cloud-services-order-form-ter ms-and-conditions-.html
Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NWNC435 5/7/2024 SOPHOS 0657199 $27,117.10
QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
Sophos XGS 3100 - security appliance 2 6535229 $4,669.63 $9,339.26 Mfg. Part#: XG3ATCHUS
Contract: Sourcewell 121923-CDWG Tech Catalog (121923)
Sophos Xstream Protection - subscription license (3 years) - 1 license
1 7652451 $13,184.38 $13,184.38
Mfg. Part#: XS310036ZZNGAA
Electronic distribution - NO MEDIA
Contract: Sourcewell 121923-Software (121923)
NEW ITEM 1 NEW-ITEM $1,393.87 $1,393.87
Mfg. Part#: NEW-ITEM
Sophos XGS 3100 Webserver Protection
- 36 Months - Government
MFR #SS310036ZZNGAA
Contract: Standard Pricing
NEW ITEM 1 NEW-ITEM $1,978.41 $1,978.41
Mfg. Part#: NEW-ITEM
Sophos XGS 3100 Enhanced to Enhanced
Plus Support Upgrade - 36 Months -
Government
MFR #UP310036ZZNGAA
Contract: Standard Pricing
These services are considered Third Party Services, and this purchase is subject to CDW’s Third Party Cloud Services Terms and Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement.
The third-party Service Provider will provide these services directly to you pursuant to the Service Provider’s standard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider’s agreement, these services are
non-cancellable, and all fees are non-refundable.
SUBTOTAL $25,895.92
SHIPPING $45.37
SALES TAX $1,175.81
GRAND TOTAL $27,117.10
PURCHASER BILLING INFO DELIVER TO
Billing Address:
CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Payment Terms: Net 30 Days-Govt State/Local
Shipping Address:
CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Shipping Method: FEDEX Ground
Please remit payments to:
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Tommy Baxter | 800.808.4239 | [email protected]
LEASE OPTIONS
FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION
$25,941.29 $749.70/Month $25,941.29 $855.80/Month
Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change.
Why finance?
• Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles.
• Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease.
• Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility.
General Terms and Conditions:
This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.
Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.
Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term.
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© 2024 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Pricing Proposal
Quotation #: 24706868
Created On: 4/5/2024
Valid Until: 4/30/2024
CA-City of Porterville Inside Account
Executive
Robert Campos
291 N. Main Street
Porterville, CA 93257
United States
Phone: 559-782-7432
Fax:
Email: [email protected]
Greg Spoleti
290 Davidson Ave.
Somerset, NJ 08873
Phone: 732-652-3083
Fax: 732-564-8224
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Sophos XGS 3100 Security Appliance - US power cord
Sophos - Part#: XG3ATCHUS
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/11/2024 – 6/10/2024
2 $2,253.99 $4,507.98
2 Sophos Xstream Protection for XGS 3100 - 36 Months - Government Sophos - Part#: XS310036ZZNGAA
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/11/2024 – 5/10/2027
1 $10,966.51 $10,966.51
3 Sophos XGS 3100 Enhanced to Enhanced Plus Support Upgrade - 36 Months - Government
Sophos - Part#: UP310036ZZNGAA
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/11/2024 – 5/10/2027
1 $1,482.04 $1,482.04
4 Sophos XGS 3100 Webserver Protection - 36 Months - Government Sophos - Part#: SS310036ZZNGAA
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/11/2024 – 5/10/2027
1 $1,662.22 $1,662.22
*Tax $1,722.23
Total $20,340.98
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
SHI SPIN: #143012572
SHI-GS SPIN (For Texas customers ONLY): #143028315
For E-rate SPI orders, applicant shall be responsible for payment of any outstanding or ineligible costs if USAC rejects reimbursement claim in whole or in part.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
The products offered under this proposal are Open Market and resold in accordance with the terms and conditions at SHI Online Customer Resale Terms and Conditions.
2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Sophos Quote
Number: 26408
Date: 04/29/2024
Quote prepared for: Robert Campos
Bill To:
City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7432
Email: [email protected]
Ship To:
City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 XG3ATCHUS Sophos XGS 3100 Network Security/Firewall Appliance - 8 Port - 10/100/1000Base-T, 10GBase-X - 10 Gigabit Ethernet - 8 x RJ-45 - 5 Total Expansion Slots - 1U - Rack-mountable, Rail-mountable - TAA Compliance Mfr: SOPHOS PLC
UNSPSC : 43222501
$ 45.66 1 $ 45.66
*2 XS310036ZZNGAA Sophos Xstream Protection - Subscription License - 1 License - 3 Year - Government - TAA Compliance
Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 12,714.55 1 $ 12,714.55
*3 UP310036ZZNGAA Sophos Enhanced Plus Support - Extended Service (Upgrade) - 3 Year - Service - Exchange
Mfr: SOPHOS PLC
UNSPSC : 81111812
$ 1,420.93 1 $ 1,420.93
*4 SS310036ZZNGAA Sophos Webserver Protection - Subscription License - 1 License - 3 Year - Government - TAA Compliance
Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 2,016.81 1 $ 2,016.81
*5 XG3ATCHUS Sophos XGS 3100 Network Security/Firewall Appliance - 8 Port - 10/100/1000Base-T, 10GBase-X - 10 Gigabit Ethernet - 8 x RJ-45 - 5 Total Expansion Slots - 1U - Rack-mountable, Rail-mountable - TAA Compliance Mfr: SOPHOS PLC
UNSPSC : 43222501
$ 4,778.35 1 $ 4,778.35
5 item(s) Sub-Total $ 20,976.30
Tax @ 0% $ 0.00
Freight $ 0.00
Total $ 20,976.30
(*) Tax exempted Part(s)
Quote Valid Until: 05/29/2024
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 541519, 334111
Unique Entity ID (SAM): DEGDRGZ32898
Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Sophos Quote
Number: 26408
Date: 04/29/2024
Quote prepared for: Robert Campos
Terms and Conditions
.
Prepared by: Keith Nguyen Email: [email protected] Phone: 954-606-5440 Item No. 4.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization to Purchase Security Monitoring System for the New Animal Shelter
SOURCE: Police
COMMENT: In preparation for occupancy of the new Animal Shelter, staff has been exploring options for a security monitoring system, in order to enhance security and safety measures for the shelter, shelter staff, and the public. In doing so, staff obtained three quotes for the installation of a security monitoring system from the following vendors: ITC, Stop Alarm, and Giotto’s Alarm-Tech, Inc.
The quotes are as follows:
ITC: $10,528.72
STOP Alarm: $12,950
Giotto’s Alarm-Tech, Inc.: $30,708.48
After careful evaluation, staff recommends that this installation be initiated by Stop Alarm. Although the cost of installation is slightly elevated, compared to that of ITC, Stop Alarm currently provides related services to the Porterville Police Department, along with the Public Safety Building, and therefore, the selected vendor is knowledgeable about the current and associated security monitoring system and the Department’s infrastructure.
Funds are currently available in the police department's 2023/2024 budget.
RECOMMENDATION: That the City Council authorize staff to enter into an agreement with STOP Alarm for the installation of a security monitoring system at the Animal Shelter.
ATTACHMENTS: 1. ITC Quote (1)
2. STOP Alarm Quote (1)
3. Giotto's Alarm-Tech, Inc. Quote
Appropriated/Funded:
Review By:
Item No. 4.
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 5.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization for Specialized Services-Allmax Software Custom Report Work SOURCE: Public Works
COMMENT: The Wastewater Treatment Facility (WWTF) is seeking authorization for AllMax Software to provide custom septic and reclamation nitrogen reports.
AllMax Software's Operator 10 Program is currently used to generate monthly, quarterly, and annual reports for the treatment facility. The WWTF would like to expand the current Operator 10 Program to include monthly septic billing and reclamation area nitrogen reports. AllMax Software would create the new reports and add them to the existing database.
AllMax Software submitted a quote of $7,500 to generate the custom septic billing and reclamation area nitrogen reports. Funding for the project will be the 2023-2024 WWTF operating budget.
RECOMMENDATION: That the City Council;
1. Award the software custom report work to AllMax
Software in the not to exceed amount of $7,500;
2. Direct the Finance Director to initiate a Purchase Order to AllMax Software in the not to exceed amount of $7,500;
and
3. Direct the Finance Director to make payment to AllMax Software upon receipt of an invoice approved by the
Public Works Director.
ATTACHMENTS: 1. AllMax Software Quote
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 6.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization to Award Annual Polymer Purchase Contract SOURCE: Public Works
COMMENT: The City of Porterville Wastewater Treatment Facility (WWTF) is seeking an Annual Polymer Contract for its screw press dewatering process. The screw press uses polymer to facilitate the release of water from its anaerobically digested solids. The screw press and polymer treatment process increases the solids concentration from 1.5% to over 17%, thereby accelerating the drying process.
The WWTF contacted three polymer vendors for quotes. The quotes are as follows:
Aqua Ben Corporation $1.85/Ib
Solenis $1.91/Ib
Univar Solutions $2.86/Ib
Aqua Ben Corporation has been identified as the lowest quote for securing the Annual Polymer Purchase Contract for the WWTF. The WWTF is also seeking the option to extend the contract for an additional one-year term, providing both parties mutually agree to any price adjustment after the first year. The annual expenditure is projected at $250,000 for the polymer contract, which is to be funded from the Wastewater Operating Budget.
RECOMMENDATION: That the City Council:
1. Award the Wastewater Treatment Facility Annual
Polymer Contract to Aqua Ben Corporation for a
submitted quote of $1.85/pound for polymer HF 714F;
and
2. Authorize the Public Works Director to sign the
Wastewater Treatment Facility Annual Polymer Contract
with the option to extend the contract for an additional one-year term providing both parties mutually agree to
any price adjustments after the first year.
ATTACHMENTS: 1. Aqua Ben Corp. Quote
2. Solenis Quote
3. Univar Solutions Quote
Item No. 6.
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 7.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization to Award Ferric Chloride Purchase Contract SOURCE: Public Works
COMMENT: The City of Porterville Wastewater Treatment Facility (WWTF) is seeking an Annual Ferric Chloride Purchase Contract. Ferric chloride is added to the treatment process to control the concentration of hydrogen sulfide in wastewater and digester gas. The addition of ferric chloride is also required by the Air Board to control hydrogen sulfide concentrations in digester gas, and helps in reducing odors and corrosion of equipment.
The WWTF contacted three ferric chloride vendors. The quotes are as follows:
California Water Tech. $0.265/wet Ib delivered
Kemira Water Solutions $0.270/wet Ib delivered
Brenntag Pacific $0.377/wet Ib plus $433.50 delivery and $25 insurance charge
California Water Technologies has been identified as the lowest quote, therefore securing the Annual Ferric Chloride Purchase Contract. The WWTF is also seeking the option to extend the contract for an additional one-year term, providing both parties mutually agree to any price adjustment after the first year. The annual expenditure is projected at $100,000 for the ferric chloride contract, which is to be funded from the Wastewater Operating Budget.
RECOMMENDATION: That the City Council:
1. Award the Wastewater Treatment Facility Annual Ferric Chloride Contract to California Water Technologies for
the submitted quote of $0.265/wet Ib for ferric chloride; and
2. Authorize the Public Works Director to sign the
Wastewater Treatment Facility Annual Ferric Chloride
Contract with the option to extend the contract for an
additional one-year term providing both parties mutually agree to any price adjustments after the first year.
ATTACHMENTS: 1. Calf. Water Tech. Quote
2. Kemira Water Quote
3. Brenntag Pacific Quote
Item No. 7.
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 8.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization to Distribute Request for Qualifications (RFQ) for Professional Consulting Services - Development of an Active Transportation Plan SOURCE: Community Development
COMMENT: The Active Transportation Program (ATP) was created by Senate Bill 99 to encourage increased use of active modes of transportation, such as walking and biking. The goals of this program include: increasing the proportion of trips made by walking and biking, increasing the safety and mobility of nonmotorized users, advancing efforts to achieve greenhouse gas reduction, enhancing public health, and providing projects to benefit many types of active transportation users, including disadvantaged communities.
The City of Porterville was successful in securing awards for ATP grant funds in Cycles 5 and 6, for the Butterfield Stage Corridor and HAWK Pedestrian Crossing Projects. However, the program continues to be extremely competitive, even more so with the recent reduction of funding to the program.
In order to remain competitive for future ATP grant cycles and other grant opportunities that may arise, the City, in partnership with Tulare County Association of Governments (TCAG), is seeking to utilize experienced transportation planning consultants for the development of an active transportation plan.
An active transportation plan will identify and seek to address challenges to mobility, improve and establish connections between destinations, and prioritize improvements for pedestrians, bicyclists, and non-motorized transportation users. Due to the complexity of the task, staff is unable to perform the necessary technical studies and functions required for the plan. At this time, staff is requesting authorization to distribute a Request for Qualifications (RFQ) for a specialized consultant with expertise in this field.
The services to be rendered under this contract would consist of, but not be limited to, project administration, public engagement, existing conditions analysis, recommendation/prioritization of projects, and preparation of an active transportation plan.
TCAG has programmed funds in its Overall Work Plan (OWP) for the City of Porterville ATP Plan, and will reimburse the City for the costs to develop the plan.
Item No. 8.
RECOMMENDATION: That City Council authorize staff to distribute a Request for Qualifications for Consulting Services for the development of an active transportation plan.
ATTACHMENTS: 1. Draft RFQ for AT Plan
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
REQUEST FOR QUALIFICATIONS
Professional Consulting Services – Development of an Active Transportation Plan
June 2024
PREPARED BY:
COMMUNITY DEVELOPMENT DEPARTMENT
23/24– SR___
I INTRODUCTION AND OBJECTIVES:
The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified consultant firms, specializing in pedestrian/bicycle planning to provide professional and technical planning services for development of an Active Transportation Plan (ATP). The purpose of the ATP will be to identify opportunities to improve walking and biking use and help the City address regional goals to reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions, and improve the physical health of Porterville residents.
This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience preparing bicycle and pedestrian transportation improvement plans of comparable scale and complexity for similar communities, with extensive community outreach, public engagement and plan facilitation experience.
All federal, state, and local laws regarding competitive bidding, anti-competitive practices, and conflict of interest shall be applicable to this RFQ. Consultant shall not discriminate against any sub-consultant, employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap with respect to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, lay- off, termination, rates of pay or other forms of compensation, or selection for training, including apprenticeship.
II EXAMINATION OF PROPOSAL DOCUMENTS:
By submitting a proposal, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.
III ADDENDA/CLARIFICATIONS:
Any CITY changes to this RFQ will be made via written addendum. No verbal modification shall be binding.
IV PROPOSAL REQUIREMENTS:
Proposals for this project will be accepted at this office until 4:00 p.m., on Monday, July 8, 2024.
Three (3) copies of the proposal and one (1) Adobe Acrobat Portable Document Format (PDF) file of the proposal on flash drive shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Active Transportation Plan” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:
Claudia Calderon, Acting Community Development Director City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.
V PRE-CONTRACTUAL EXPENSES:
Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.
CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.
VI EXCEPTIONS/DEVIATIONS:
Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal.
Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:
The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.
VIII LOCAL AGENCY REPRESENTATIVE:
_____, ______, shall be the Contract Administrator and contact person for all communications with CITY.
IX INSURANCE REQUIREMENTS:
The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
Full liability under Worker’s Compensation laws of the State of California General comprehensive liability (bodily injury and property damage)* Professional liability insurance (errors and omissions)* Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.
X INDEMNIFICATION:
The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance requirements of the Contract.
XI SUBCONTRACTING:
Only those firms identified in the Contract as subcontractor’s or subconsultant’s shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.
XII FEDERAL, STATE, AND LOCAL LAWS:
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes.
XIII PROPOSAL EVALUATION CRITERIA:
Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:
A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.
The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.
XIV CONSULTANT SELECTION AND INTERVIEWS:
CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled to occur the 3rd week of July, 2024. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.
XV COST PROPOSAL:
The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.
XVI CONTRACTS/AGREEMENTS:
The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANT’s desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, August 6, 2024. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.
XVII COMPENSATION:
A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.
B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.
C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.
XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:
Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.
XIX PROPOSAL FORMAT AND CONTENT:
Proposals shall be brief and include a concise address of the following information:
A. Firm Experience:
1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.
Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.
2. Other information that might aid CITY in ascertaining proposing firm's qualifications.
B. Consultant Team:
Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.
1. Any changes to personnel assigned to this project shall be made in writing to CITY.
CITY reserves the right to reject any proposal with modified personnel.
2. If subconsultant’s are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.
3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.
C. Proposal Format:
1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.
2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘p’, as shown in the City’s “Consultant Selection Rating Form”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.
CITY OF PORTERVILLE
REQUEST FOR QUALIFICATIONS (RFQ) FOR ACTIVE TRANSPORTATION PLAN The City of Porterville seeks “Statement of Qualifications” (SOQ) from qualified engineering firms for the purpose of developing an Active Transportation Plan. Responding consultants must have relevant experience and the ability to provide the requisite professional services.
SCOPE OF SERVICES:
This document identifies the general project tasks and procedures for Consultant involvement in this process. The Consultant, under the supervision of, and in coordination with the City’s project manager, shall be responsible for the tasks and program/document requirements as per the following sections:
TASK 1: PROJECT ADMINISTRATION
Task 1.1 Project Initiation
Within two (2) weeks of receiving the Notice to Proceed, the Consultant will work with City staff to facilitate a project kickoff meeting. The Consultant will lead the meeting, establish clear direction and communication protocols, and refine the schedule with project scope.
The Consultant shall present a proposed project scope, budget, schedule, and introduce plans to establish and maintain regular communication with City staff. The Consultant shall describe how to conduct, coordinate, and share outreach activities, data collection and analysis tasks, mapping outputs, and associated deliverables and reports.
The Consultant shall be responsible for developing project templates for each category of project deliverables to ensure consistency of format, layout, and overall design within deliverable types (e.g., for reports, presentations, and Geographic Information Systems (GIS) layouts, displays, tables, figures, etc.).
The Consultant shall prepare and submit meeting minutes within five (5) business days of the kickoff meeting to document the discussion and outcomes. Minutes shall be submitted to the City for review and comment.
The Consultant shall develop a detailed project schedule and budget. All tasks and subtasks, meetings (including public outreach activities), and major milestones and deliverables shall be identified on the schedule and budget spreadsheet.
The schedule and budget will be employed to allocate resources, establish task sequencing, track project execution, and review project status throughout the length of the planning effort. The Consultant shall also be responsible for developing and maintaining a simplified version of the schedule for presentation to a broader audience, including City’s standing committees, members of the public, and City Council.
Deliverables: Kickoff meeting; agenda; presentation and handouts; minutes and action items. Project schedule and budget breakdown
Task 1.2: Project Management
The Consultant will facilitate monthly project management meetings with the City. The Consultant will prepare a meeting agenda; review project status; and document any issues or concerns, action items, and/or corrective steps, in the meeting minutes. The task leaders may need to participate as requested by the City. The Consultant may use video or audio-conferencing software to conduct these meetings as needed. On a monthly basis, the Consultant will provide a status report and invoice documenting progress towards each task.
Deliverables: Monthly Project Management Status Meetings; Meeting Agendas; Project Status Reports; Meeting Minutes and Action Items; Monthly Status Report and Invoice.
TASK 2: PUBLIC ENGAGEMENT
Task 2.1: Public Participation Plan
The Consultant shall develop a project Public Participation Plan (PPP) that identifies outreach methods, potential participants, event dates, times, formats, and goals for each outreach activity. The PPP will provide an approach that encourages open communication, generates meaningful dialogue across transportation related issues, proactively identifies issues and concerns throughout the planning process, and tailors information appropriately for its varied audiences. The Consultantshall develop the PPP plan and submit to the City for review and approval within three (3) weeks of the kickoff meeting.
The PPP will provide an approach to engage a diverse group of stakeholders, organize and conduct public workshops or similar outreach events, including walk and bike audits, and develop outreach collateral and exhibits for public engagement activities.
Project promotional materials must be provided in both English and Spanish to maximize public participation, and meetings must have translation services available.
The input collected from each public outreach task will be documented in the Appendix of the Active Transportation Plan. The Consultant may use video or audio-conferencing software to conduct these public meetings if in- person events are not feasible due to public health concerns.
Deliverables: Public Participation Plan (PPP)
Task 2.2: Public Input Survey
The Consultant shall prepare and administer at least one (1) survey or questionnaire regarding existing travel patterns, origins and destinations, existing conditions, recreational and commuter needs, and other issues (e.g. safety, network, accessibility, mobility, connectivity, barriers or other needs), route preferences, limitations in existing routes, routes needing maintenance or infrastructure improvements, wayfinding and signage issues, and perceived safety issues.
The survey shall be accessible on the City website as well as other analog formats identified in the Consultant’s Project Public Participation Plan.
Deliverables: Survey/questionnaire; survey results report, mailing list Task 2.3: Public Engagement Activities
The Consultant shall engage the public to inform about project goals, potential projects, and benefits/impacts. The Consultant will also be responsible for collecting community feedback regarding need, issues and challenges for both existing and potential active transportation travel. Utilization of Berkeley SafeTREC - Street Story as a tool for community input collection or something similar is desired. The outreach events should consider in-person or virtual public meetings or workshops, attendance at significant regional events (e.g., Bike to Work Month events, parades, or other public events), and through other activities as identified in the project PPP.
The Consultant shall be responsible for developing, reproducing, presenting, and distributing outreach materials (e.g., agendas, displays, presentations, layouts/maps, graphics, fact sheets, flyers, meeting notices and/or other materials).
The Consultant shall be responsible for documenting outreach activities undertaken as part of the public involvement effort in a Public Participation Summary Report. The report will present the description of activities, attendees, dates, and locations and will include the invitations, agendas, presentations, and meeting minutes. Additionally, fact sheets/newsletters, comments and responses, notifications, and other materials developed in support of outreach will be compiled in the report. The report may be integrated as an appendix to the ATP.
Deliverables: Public participation summary report; collateral for outreach events, including agendas, displays, presentations, layouts/maps, graphics, fact sheets, flyers, meeting notices and/or other materials.
TASK 3: EXISTING CONDITIONS ANALYSIS
Task 3.1: Plan and Policy Review
The Consultant shall gather and review relevant planning and policy documents from federal, state, and local agencies and summarize policies, goals, programs, and projects involving active transportation. The review shall identify planned regional and local routes and projects, determine the progress made on previous planning efforts and studies with a goal to ensure the proposed ATP complements existing and prior City efforts.
The City is in the process of developing an Americans with Disabilities Act (ADA) Transition Plan, with relevant data collection efforts complete for incorporation into the ATP.
Specifically, the sidewalk inventory and assessment of ADA-compliant curb ramps are planned to be complete for use in developing the ATP. This data will assist in identifying critical gaps in the accessible pedestrian network.
Deliverables: Existing plans and policies summary (Technical Memorandum) Task 3.2: Develop Goals, Objectives, and Performance Measures The Consultant shall develop short, medium and long-range goals, objectives, and performance measures in accordance with local, state, and federal policies and guidelines. Performance measures may include biking and walking as a commuting mode share, bicycle and pedestrian counts as well as determining if there are ideal locations within the City where mechanisms could be installed to collect ongoing metrics, miles of new bike paths, bike lanes or sidewalks, and annual investments in active transportation infrastructure, among others.
Deliverable: Draft goals, objectives, and performance measures (Technical Memorandum)
Task 3.3: Existing Conditions Review
The Consultant shall develop a comprehensive baseline map using Geographic Information Systems (GIS) software and summary report that includes a geographic and demographic review of the City. The Consultant shall produce maps that identify collision locations involving injuries and fatalities, current and future land uses, and other relevant data that informs project development and prioritization.
The Consultant shall also inventory and assess existing on-off road active transportation facilities, such as sidewalks, bikeways, multi-use paths, and other enhancements supportive of active transportation, bike racks, and bicycle lockers. The Consultant shall develop tables, graphics, and GIS layouts to illustrate the conditions, including, but not limited to, level of cycling stress analyses, barrier analyses, and/or origin-destination analyses.
Deliverables: Existing conditions summary (Technical Memorandum) Task 3.4: Needs Assessment
The Consultant shall identify needs on the City’s active transportation network based on prior tasks analysis and public input. The needs assessment shall consider future growth, safety with respect to bicyclists and pedestrians, existing gaps in and deficiencies of the active transportation network, mobility and accessibility across all ages and abilities, and public and stakeholder feedback recorded during the outreach process.
Deliverable: Needs Assessment Summary (Technical Memorandum) TASK 4: PROJECT RECOMMENDATIONS
Task 4.1: Develop Project Recommendations
The Consultant shall identify strategies and compile a prioritized list of infrastructure improvements that fill active transportation gaps, improve mobility and accessibility for all ages and abilities, address safety concerns, and promote bicycling and walking throughout the City as identified in the existing conditions and needs analysis.
Strategies shall also include non-infrastructure solutions and programs to help encourage, educate and enforce safe walking and biking practices consistent with the goals and objectives of the plan. This prioritized list shall also consider strategies to mitigate environmental impacts, including water quality, flooding considerations, fire hazards, etc.
The Consultant, in coordination with City, shall develop strategies to address needs and develop a methodology for prioritizing investments and strategies, including grant opportunities, as part of this task.
Deliverable: Project recommendations summary (Technical Memorandum); Cost estimates
Task 4.2: 2D Elevation View and 3D Graphic Renderings
Following discussion with City staff regarding the prioritized improvements and project recommendations identified, the Consultant shall provide conceptual renderings of the proposed projects through 2D and 3D exhibits and renderings using Sketchup and Lumion software, and Adobe Photoshop (or similar City approved software). Renderings should provide several viewpoints to display conceptual schematic and landscape designs and be provided in electronic and hardcopy format to the City.
Deliverable: 2D and 3D conceptual renderings for project recommendations Task 4.3: Financial Analysis
The Consultant shall provide a planning-level cost estimate for recommended strategies and infrastructure improvements. The cost estimates should include forecasts for capital, operations, and maintenance funding to ensure the long-term financial feasibility and sustainability of active transportation investments. The Consultant shall also identify available funding sources for active transportation projects, including Federal and State grants, private capital, and local funds by project or strategy. The financial analysis will group the strategies using different mechanisms or categories (e.g., by local agency and by project type, as needed).
Deliverables: Financial analysis (Technical Memorandum) TASK 5: PREPARE ACTIVE TRANSPORTATION PLAN
Task 5.1: Develop Report
Based on the results and feedback derived from previous tasks, the Consultant shall develop a Draft, and Final ATP. The ATP will also include an executive summary and appendices to provide access to other key deliverables and work products developed over the planning process.
Task 5.2: Council Presentation
The Consultant will be available to develop a presentation and attend up to two public meetings to solicit input or project approval from City of Porterville City Council. The Consultant will work with City staff to identify the appropriate meetings to attend and present the project summary and recommendations.
Deliverable: Active Transportation Plan (draft and final); all project files, supporting technical data, reports, and documentation, and compilation of comments received and responses. Presentation slides and attendance at up to two Council meetings.
DESIRABLE QUALIFICATIONS OF THE CONSULTANT:
The City is seeking a qualified consultant with the following qualifications:
1. Experience in the preparation of an Active Transportation Plan for other agencies similar in size and need.
2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.
3. The “design team” should be comprised of professionals with the technical competence and resources to perform the work specific to this RFQ.
4. The “design team” should include the proper mix of professionals capable of producing the desired outcome of CITY.
GENERAL CONDITIONS AND REQUIREMENTS:
1. The Consultant shall carry out the instructions as received from the City Project Manager and shall cooperate with City, State and any other agencies working on the project.
2. It is not the intent of the foregoing paragraph to relieve the Consultant of professional responsibility during the performance of this contract. In those instances where the Consultant believes a better design or solution to the problem is possible, the Consultant shall promptly notify the City of these concerns, together with the reasons therefore.
3. The Consultant has total responsibility for the accuracy and completeness of all data, plans, and estimates prepared for this project and shall check all such material accordingly. While the City may review such data, plans, and details for quality, completeness and conformity with City Design Standards, Caltrans Design Standards, the California Environmental Quality Act (CEQA), and National Environmental Policy Act (NEPA), the responsibility for accuracy and completeness of such items remains solely that of the Consultant. The Consultant or the Consultant’s subcontractors shall not incorporate in the design materials or equipment of single or sole source origin without written approval of the City or without using the statement “or approved equal”.
4. The plans, designs, estimates, calculations, reports, and other documents furnished under this Scope of Work shall be of a quality acceptable to the City Project Manager. The criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked, and having the preparer and checker identified. The minimum standard of appearance, organization, and contents of the documents shall be that of similar types produced by Caltrans.
5. The Consultant shall provide the services for the Project in close liaison with the City.
6. To ensure understanding of contract objectives, meetings between City and the Consultant will be held monthly or as often as deemed necessary by the City Project Manager. All work objectives, the Consultant’s work schedule, the terms of the contract, and any other related issues will be discussed and any issues or problems resolved.
7. The Consultant may establish direct contact with governmental regulatory and resource agencies and others for the purpose of obtaining information, expertise, and assistance in developing baseline data and resource inventories. The Consultant shall maintain a record of all such contacts and shall transmit copies of those records to the City on a regular basis.
8. Where the Consultant is required to prepare and submit studies, reports, plans, etc., to the City as required by this Scope of Work, these shall be submitted in draft as scheduled and the opportunity provided for the City to direct revisions, prior to final submission.
LOCAL AGENCY RESPONSIBILITIES:
The CONSULTANT will report to the CITY’s Contract Administrator. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.
The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.
The CITY’s Contract Administrator (or designee) shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed o Provide access to CITY facilities as required
o Provide available data pertinent to the Project
o Provide CONSULTANT with CITY documents including policies, procedures, regulations and standards pertinent to the Project
o Attend meetings with CONSULTANT, and conduct meetings where appropriate o Provide a list of stakeholders and other agency personnel involved with the Project o Examine documents submitted to CITY by CONSULTANT and render decisions pertaining thereto in a timely manner
ATTACHMENTS:
A. Consultant Selection Rating Form
B. Sample Consultant Services Agreement
C. Current City Plans
a. General Plan (applicable sections)
b. Draft Parks Master Plan
c. Circulation Element
CONSULTANT SELECTION RATING FORM
Project Name: Date:
Project Number:
Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor
FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:
RANKING:
P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100
CITY OF PORTERVILLE
AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, between the City of Porterville, a municipal corporation, hereinafter referred to as "City" and __________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.
2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.
3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. The total compensation, including reimbursement for actual expenses, shall not exceed $______unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additional services.
7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.
8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement will commence on _____, ___ and shall terminate on ______, _____, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City.
With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.
City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.
Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise required by law.
14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.
15. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless the CITY, its officers, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this agreement, CONSULTANT shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonably legal counsels’ fees, incurred in defense of such claims.
If pursuant to this agreement, CONSULTANT is providing design professional services, the above paragraph and any provisions, clauses, covenants, and agreements contained in, collateral to, or affecting this agreement, that purports to indemnify, including the duty and the cost to defend, the indemnitee by a design professional against liability for claims against the indemnitee, shall be unenforceable, except to the extent that the claims against the indemnitee arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.
For purposes of this section, “design professional” includes all of the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following:
A. Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis.
B. A design professional who is a party to a written design-build joint venture agreement.
16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:
A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.
B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.
C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).
D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence.
E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.
F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.
H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.
17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts andorder.
18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding.
20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, the parties agree that it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:
A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and B. That each party has lawfully authorized the execution of this Agreement.
22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.
23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.
24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.
25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:
To City
Attention:
City of Porterville
291 N Main St.
Porterville, CA 93257
To Consultant
Attention: Consultant Contact
Consultant Name
Consultant Mailing Address
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.
26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.
27. MEDIATION. In the event of a dispute between the parties, and prior to the commencement of any litigation, the parties agree to engage in good faith efforts to mediate the dispute, and to mutually agree on a mediator for that purpose.
28. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Porterville Consultant Name
__________________________ __________________________
Martha A. Flores, Mayor Name, Title
Item No. 9.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Approval of the 2024 Update to the Sanitary Sewer Management Plan SOURCE: Public Works
COMMENT: The State of California’s State Water Resources Control Board (SWRCB) adopted the statewide General Waste Discharge Requirement (GWDR) Order WQ 2022-0103-DWQ on December 6, 2022, which applies to all public collection system agencies in California that own or operate collection systems comprised of more than one mile of pipe or sewer lines which convey untreated wastewater to a publicly owned treatment facility.
The GWDR requires all agencies to develop and implement a Sanitary Sewer Management Plan (SSMP) in order to manage the wastewater collection system more effectively. The City’s Sanitary Sewer Management Plan (SSMP) consists of eleven (11) updated individual components which need to be adopted by resolution.
The plan covers the City’s legal authority to prevent illicit discharges into the sanitary sewer system. It also covers the operation and management of the system as well as a design and performance plan. The overflow emergency response plan details the actions and notifications the City must perform if a major sewer overflow event occurs.
One of the problems that sewer systems experience is the build-up in the lines of fats, oils, and grease (which is referred to as FOG). The Sanitary Sewer Management Plan (SSMP) addresses this issue with a FOG program that includes a public education component to inform residents of the problems associated with pouring fats, oils, and grease down their sink drain. Residents will be encouraged to scrape the oil and grease from cooking into a can and place it into the trash, or they can recycle it by bringing it to the City’s household hazardous collection facility at the Corporation Yard. The Sanitary Sewer Management Plan (SSMP) also includes components to evaluate and monitor the system capacity and plan for its needs.
Staff recommends that City Council review the 2024 update to the Sanitary Sewer Management Plan, and adopt the draft resolution officially adopting the 2024 updated Sanitary Sewer Management Plan (SSMP).
RECOMMENDATION: That the City Council approve the draft resolution, adopting the 2024 Update to the City of Porterville’s Sanitary Sewer Management Plan.
Item No. 9.
ATTACHMENTS: 1. Sanitary Sewer Management Plan Update 2024
2. Sanitary Sewer Management Plan Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Prepared by:
Quad Knopf, Inc.
April 2010
Updated by:
City of Porterville
April 2024
City of Porterville
Public Works Department
2024
CITY OF PORTERVILLE SANITARY
SEWER MANAGEMENT PLAN
City of Porterville
Sewer System Management Plan
Updated April 2024
TABLE OF CONTENTS
TITLE PAGE
SEWER SYSTEM MANAGEMENT PLAN........................................................... 1 OF 1 ELEMENT 1 GOALS............................................................................................ 1 OF 1 ELEMENT 2 ORGANIZATION............................................................................. 1 OF 5 ELEMENT 3 LEAGAL AUTHORITY.................................................................... 1 OF 2 ELEMENT 4 OPERATION & MAINTENANCE PROGRAM................................ 1 OF 5 ELEMENT 5 DESIGN AND PERFORMANCE PROVISIONS.............................. 1 OF 2 ELEMENT 6 SPILL EMERGENCY REPSPONSE PLAN..................................... 1 OF 2 ELEMENT 7 SEWER BLOCKAGE CONTROL PROGRAM............................... 1 OF 4 ELEMENT 8 SYSTEM EVALUATION, CAPACITY ASSURANCE PLAN AND CAPITAL IMPROVEMENTS............................................................................... 1 OF 2 ELEMENT 9 MONITORING, MEASUREMENT, & PROGRAM
MODIFICATION ................................................................................................... 1 OF 2 ELEMENT 10 INTERNAL AUDITS ...................................................................... 1 OF 1 ELEMENT 11 COMMUNICATION PROGRAM.................................................... 1 OF 1 SANITARY SEWER OVERFLOW RESPONSE PLAN.......................ATTACHMENT A F.O.G BROCHURE.............................................................................ATTACHMENT B HOT SPOT LIST ................................................................................ ATTACHMENT C City of Porterville
Sewer System Management Plan
Updated April 2024
City of Porterville
SEWER SYSTEM MANAGEMENT PLAN
Management Plan Introduction
This management plan was prepared to meet the requirements of the State Water Resources Control Board (SWRCB) General Waste Discharge Requirement (GWDR) Order No. 2006- 0003. On December 6, 2022 the SWRCB adopted Order 2022-0103-DWQ which supersedes the previous SWRCB Order 2006-0003-DWQ and amendments thereafter. The City of Porterville has updated its Sewer System Management Plan (SSMP) to conform with the requirements of the new General Order.
There are eleven (11) required SSMP elements to be included in the Plan:
1. GOALS
2. ORGANIZATION
3. LEGAL AUTHORITY
4. OPERATIONS AND MAINTENANCE PROGRAM
5. DESIGN AND PERFORMANCE PROVISIONS
6. SPILL EMERGENCY RESPONSE PLAN
7. SEWER PIPE BLOCKAGE CONTROL PROGRAM
8. SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS
9. MONITORING, MEASUREMENT, AND PROGRAM MODIFICATION
10. INTERNAL AUDITS
11. COMMUNICATION PROGRAM
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 1: GOALS
1.1 Introduction
The Goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the City’s sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. These Goals are the first element of City's Sewer System Management Plan (SSMP).
1.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires at a minimum, that the City shall develop goals to accomplish the following:
a) To properly manage, operate, and maintain all parts of the sanitary sewer collection system,
b) To provide adequate capacity to convey peak flows,
c) To minimize the frequency of sanitary sewer overflows (SSOs), and d) To mitigate the impact of SSOs.
1.3 SSMP Goals
The goals of the City of Porterville SSMP are to:
a) Properly manage, operate, and maintain the sanitary sewer collection system; b) Maintain sanitary sewer design construction standards and specifications on new projects;
c) Verify the sanitary sewer collection system has adequate capacity to convey sewage during peak flows;
d) Minimize the frequency of sanitary sewer overflows;
e) Respond to sanitary sewer overflows quickly and mitigate the impact of the overflow; f) Provide training on a regular basis for staff in collection, maintenance, and operations; g) Encourage and support participation in the California Water Environment Associations’ voluntary Collection System Maintenance Program and on-going training programs;
h) Maintain a Fats, Oil, and Grease (FOG) program to limit fats, oils, grease, and other debris that may cause blockages in the sewage collection system; i) Identify system blockages due to FOG and develop strategies to decrease backups; j) Identify and prioritize structural deficiencies and implement short-term and long-term maintenance and rehabilitation actions to address each deficiency; k) Operate all pump stations at peak efficiency and perform preventative maintenance on equipment at all sanitary sewer pump stations;
l) Refer mainlines with repeat non-scheduled maintenance to engineering for evaluation; m) Conduct appropriate analysis/evaluation of SSOs utilizing historical maintenance and activity records to provide recommendations to reduce future risk; n) Maintain records of the sanitary sewer system and respond to inquiries; o) Develop a capital improvement program to maintain the current sewer assets, improve system reliability and provide adequate future capacity; p) Meet all applicable regulatory notification and reporting requirements; and q) Provide excellent customer service.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 2: ORGANIZATION
2.1 Introduction
This section identifies City staff responsible for implementing this SSMP, responding to an SSO event, and reporting of an SSO event.
2.2 Regulatory Requirements
As required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR) Order No. 2022-0103-DWQ the City’s SSMP shall, at a minimum, identify the following:
a) The name of the responsible or authorized representative; b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and
c) The chain of communication for reporting SSO’s, from receipt of a complaint or other information, including the person responsible for reporting SSO’s to the State and Regional Water Board and other agencies is applicable (such as County Environmental Health Agency, Regional Water Board, and/or State Office of emergence Services (Cal OES)).
2.3 SSMP Responsibility Structure
The City’s Department of Public Works is responsible for the City’s Sanitary Sewer Collection System. This includes the daily operation and regular maintenance of the system. The primary contact for any sanitary sewer system problem or SSO event is the Water Utilities Superintendent.
The County Health Department is responsible for periodic inspection of commercial and industrial facilities that generate fats, oil and grease and discharge into the City’s sanitary sewer collection system. The City’s Department of Public Works coordinates as necessary with the County Health department to resolve any inspection issue. The primary contact for any construction inspection issue is the Building Official. The primary contact for any industrial waste issue is the Laboratory Superintendent.
2.4 Response Structure
Field Services Staff is the primary contact for the public to notify the City of any sanitary sewer system problem or SSO event. City staff is available to field calls during normal business hours (Monday through Friday, 8 a.m. to 5 p.m.). During all other hours, calls are received by the City police department dispatch.
During normal business hours, phone calls regarding SSO events are directed to the Water Utilities Supervisor. The Supervisor then coordinates with available crews to address the situation as quickly as possible. Once the issue is resolved, an incident Summary will be created.
City of Porterville
Sewer System Management Plan
Updated April 2024
Outside of normal business hours, police dispatch will contact the emergency call-out person.
The emergency call-out person will respond within an hour to the situation. Once at the site, the emergency call-out person will evaluate the situation and determine if additional help is necessary.
The emergency call-out person will notify the Water Utilities Supervisor if:
• More than one employee is called to assist;
• The SSO is over 1,000 gallons;
• The SSO enters surface water or a drainage channel;
• The SSO causes property damage or flooding in a building structure; or • The SSO constitutes an imminent danger to the general public or environment.
The emergency call-out person will complete an incident Summary for all SSOs. The summary is then forwarded to the Water Utilities Supervisor for investigation and follow-up.
2.5 Reporting Structure
The Water Utilities Superintendent is responsible for ensuring that the following are completed for all SSO events.
• Creation of a reporting Log of initial notification of an SSO event o The Log will include:
• Time of event
• Location of event
• Callers name and contact info
• Preparation of an incident Summary
o The Summary will include:
• Log information
• Details of the issue
• How the issue was resolved
• What the suspected cause of the issue was
• How prevention of similar issues can be effectively avoided • Contact of any applicable state or local agency that should be notified of the SSO event • Submission of an annual SSMP Report to SWQCB
o The Report will include:
• A copy of the reporting Log
• A copy of all incident Summaries
• Any other board requirements
2.6 Response and Reporting Flow Chart
This following chart shows the response to an SSO event, and reporting of an SSO event. The Staff Responsibility Table identifies City staff responsible for implementing the elements of this SSMP.
City of Porterville
Sewer System Management Plan
Updated April 2024
CHAIN OF COMMUNICATION FOR REPORTING
Business Hours Non-Business Hours
(8am – 5pm Mon.-Fri.)
City Hall
Police
Department
Dispatch
Public Works
Department
On Duty
Public Works
Staff Person
Reporting
Water Utilities
Division
Water Utilities
Emergency Crew
SSO call entered into SSO log
(initial contact person)
Document SSO Activities in SSO
Summary Report & place in SSO binder
(Water Utilities Superintendent)
Contain & isolate spill
Determine spillsource
Fix problem
Clean up site
Report incident to the Office of Emergence
Services, Local Health Department, and
Regional Water Quality Control Board (Water
Utilities Superintendent)
Follow spill reporting procedures, Attachment A
City of Porterville
Sewer System Management Plan
Updated April 2024
Staff Responsibility Table
Name Phone # Title Area of Responsibility
Michael Knight 559-782-7580 Assistant City
Manager
Goals
Robert Alvarez 559-782-7505 Field Services
Manager
Organization
Michael Knight 559-782-7580 Assistant City
Manager
Legal Authority
David Payne 559-782-7516 Water Utilities
Superintendent
Operations and
Maintenance Program
Javier Sanchez 559-791-7879 Public Work Director -
Engineering
Design and Performance
Provisions
David Payne 559-782-7516 Water Utilities
Superintendent
Spill Emergency Response
Plan
David Payne 559-782-7516 Water Utilities
Superintendent
Sewer Pipe Blockage
Control Program
Javier Sanchez 559-791-7879 Public Work Director -
Engineering
System Evaluation, and
Capacity Assurance, and
Capital Improvement Plan
David Payne 559-782-7516 Water Utilities
Superintendent
Monitoring, Measurement,
and Program Modifications
Michael Knight 559-782-7580 Assistant City
Manager
Internal Audits
David Payne 559-782-7516 Water Utilities
Superintendent
Communication Program
A general description of the SSMP positions associated with the wastewater collection system are listed here. The Public Works Director, Field Services Manager and Water Utilities Superintendent are designated as Legal Responsible Officers (LRO) for the City.
Assistant City Manager, Michael Knight– Establishes policy, plans strategy, leads staff, allocates resources, delegates responsibility, authorizes outside contractors to preform services, and may serve as public information officer.
Public Works Director - Engineering, Javier Sanchez - Prepares wastewater collection system planning documents; manages capital improvement delivery system; documents new and rehabilitated assets; and coordinates development and implementation of SSMP.
Field Services Manager, Robert Alvarez- Directs, manages, and administers all operational, engineering, and administrative activities of the City sewer collection system.
Water/Sewer Utilities Superintendent, David Payne - The authorized representative for reporting SSOs to the State and Regional Water Boards and other agencies as applicable.
Manages field operations and maintenance activities, provides relevant information to City management, prepares and implements contingency plans, leads emergency response, investigates and reports SSOs, and trains field crews.
City of Porterville
Sewer System Management Plan
Updated April 2024
Water Utilities Supervisor
Gordon Trott
Water Utilities Superintendent
David Payne
Water Utilities Crew
Public Works Director - Engineering
Javier Sanchez
Assistant City Manager
Michael Knight
Laboratory Superintendent
Caroline Thomason
Field Services Manager
Robert Alvarez
Water/Sewer Utilities Supervisor, Gordon Trott - Plans, organizes, directs, reviews, and reports on the work of field crews in the construction, repair, cleaning, locating and inspection of the sewer collection system.
Laboratory Superintendent, Caroline Thomason – Manages the Industrial Pretreatment Program which regulates industrial waste dischargers to the City sewer collection system.
Water Utilities Crew, Undertakes preventive maintenance activities, mobilizes and responds to notification of stoppages and SSOs, mobilizes sewer cleaning equipment, by-pass pumping equipment, and portable generators.
Organization Chart identifying lines of authority relative to the SSMP City of Porterville
Sewer System Management Plan
Updated April 2024
Element 3: LEGAL AUTHORITY
3.1 Introduction
This section identifies City ordinances, and other regulations that allow the City to properly protect and maintain its sanitary sewer system.
3.2 Regulatory Requirements
As required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR) Order No. 2022-0103-DWQ, the City must demonstrate through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to:
a) Prevent illicit discharges into its sanitary sewer system (examples may include infiltration and inflow (I/I), storm water, chemical dumping, unauthorized debris, and cut roots, etc.);
b) Require that sewers and connections be properly designed and constructed; c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency;
d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages; and
e) Enforce any violation of its sewer ordinances.
3.3 City Regulations
The following is a listing of the current Codes and Regulations that give the City the Authority to Implement the SSMP Program:
a) Prevent Illicit Discharge
1) Municipal Code Sections:
• Chapter 25, Article IV, 25-60, “Permissible Sewage Discharges and Requirements.”
• Chapter 25, Article V, Division 2, “Regulations.”
b) Proper Sewer Design & Construction
1) Municipal Code Sections:
• Chapter 25, Article II, Division 2, 25-39&40, “Construction of Laterals and Trunk lines.”
• California Plumbing Code Requirements
• City inspector approval
c) Ensure Access
1) Municipal Code Sections:
• Chapter 25, Article II, Division 2, 25-43, “Ownership and Maintenance of Lines.”
• Chapter 25, Article V, Division 4, 25-105 & 106. “Monitoring Facilities, Inspection and Sampling.”
City of Porterville
Sewer System Management Plan
Updated April 2024
d) Limit FOG Discharge
1) Municipal Code Sections:
• Chapter 25, Article IV, 25-61, “Prohibited Sewage Discharge.” • Chapter 25, Article V, Division 2, 25-85.1, “Grease, Oil, and Sand Traps.” e) Enforcement
1) Municipal Code Sections:
• Chapter 25, Article IV, 25-63, “Violation of Article.” • Chapter 25, Article V, Division 5, “Enforcement.”
3.4 Other Agreements
The City has an agreement with the Porter Vista Public Utility District to receive and treat the districts wastewater. The District’s wastewater is delivered to the City’s treatment facility through the City’s sanitary sewer system.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 4: OPERATION & MAINTENANCE PROGRAM
4.1 Introduction
This section of the Sewer System Management Plan (SSMP) is to describe the current operation of the City’s wastewater collection system.
4.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The SSMP must include those elements listed below that are appropriate and applicable to the City’s system:
a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities;
b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders;
c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan;
d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and e) Provide equipment and replacement part inventories, including identification of critical replacement parts.
4.3 Collection System Maps
The City maintains an up-to-date Sanitary Sewer Atlas (Atlas), a physical booklet that maps the City’s entire sanitary sewer collection system. Each page of the Atlas is referred to as a grid and covers a small portion of the City. The Atlas consists of a total of 121 grids. The Atlas is kept at the City corporation yard where it is kept up-to-date to reflect the latest sanitary sewer system installations and repairs.
City of Porterville
Sewer System Management Plan
Updated April 2024
The Atlas indicates the location of sanitary sewer manholes, lift stations, cleanouts, and all pipe segments with associated pipe sizes. The Atlas is used internally by the City staff for maintenance, planning, and design purposes.
Map updates typically occur whenever a new development project is completed. These updates occur within a month after project completion and acceptance by the City. Additional map updates and corrections occur when the Engineering department is notified by field personnel of any discrepancies found in the field.
4.4 Collection System Inventory
The City owns and operates an approximately 165 mile long wastewater collection system with 23 lift stations.
The City of Porterville’s Lift Stations are listed below:
• Lift Station #1 East side Hwy 65 at Mulberry
• Lift Station #2 Porter Rd. between Henderson and Grand • Lift Station #3 1131 N. Newcomb
• Lift Station #4 Newcomb and North Grand
• Lift Station #5 Putnam & Mathew
• Lift Station #6 South Jaye Street
• Lift Station #7 2515 West Scranton (Airport sludge beds) • Lift Station #8 Park & Success Dr. (PVPUD)
• Lift Station #9 Morton and Westwood
• Lift Station #10 Poplar Rd. & “G” St.
• Lift Station #11 Mulberry & Mathew
• Lift Station #12 By booster pump at O.H.V. Park
• Lift Station #13 459 N. Mathew
• Lift Station #14 Newcomb & Date
• Lift Station #15 Newcomb, 1150 ft. north of Hwy 190
• Lift Station #16 Mathew & Union
• Lift Station #17 Scranton Ave. (West of Newcomb)
• Lift Station #18 Westwood & Westfield
• Lift Station #19 Lime St., North of Mulberry
• Lift Station #20 Westwood & Roby
• Lift Station #21 Newcomb & Riversprings
• Lift Station #22 Forrest & Lombardi
• Lift Station #23 West St. Industrial Park Lift Station • Lift Station #24 Mathew St. & Heritage
City of Porterville
Sewer System Management Plan
Updated April 2024
4.5 Preventive Operations and Maintenance Activities
Preventive and scheduled maintenance is essential to maintain operational integrity of any sanitary sewer system. Regular inspections catch small areas of concern before they develop into large unmanageable problems. Well maintained equipment reduces service disruption caused by faulty elements and expenditures for emergency service. Overall, preventative maintenance practices reduce overall operational costs, ensure reduction of public health hazard risks, and extend the operational life of the sanitary sewer system.
The City uses the following preventative measures on the various components of the City’s sanitary sewer system.
4.6 Routine Inspection and Maintenance Schedule
The City conducts routine inspections of its Sanitary Sewer System to monitor the health of its system. If items of concern are identified during inspection, then these items are addressed as needed to alleviate the issue, reported to the Water Utility Superintendent, and entered in the Maintenance Log along with a designated priority of repair or replacement.
The City keeps a map of their entire sanitary sewer system in a giant book called the Atlas. The Atlas divides the City over 121 pages and each page is considered a single grid. The City’s maintenance frequency is based on addressing the sanitary sewer system one grid at a time.
On average one grid of the sewer system is checked and inspected every three months. At this rate the entire system cleaned about three and a half years.
Sanitary Sewer
Components
Inspection
Frequency
Inspection
Method
Items of concern
Grid Cleaning:
(Manholes & Pipe
Segments)
1 grid / 3 months Visual
Damaged Lids
System Backup
High FOG Concentrations
Irregular Flow
Clogged Pipes
Lift Stations Weekly Visual
Damaged Lids
System Backup
High FOG Concentrations
Irregular Flow
Clogged Pumps
Power Loss
Hot Spots Monthly * Visual Clogged Pipes
*All items on the Hot Spot list are designated either a monthly, quarterly, or yearly maintenance frequency depending on the extent of the problem. If an area experiences three or more stoppages over a thirty-day period, then it becomes designated as a Hot Spot. Problem areas are inspected and maintained at greater frequency until the source of the stoppages is determined and resolved. The Hot Spot List is attached for further reference, Attachment C.
The primary inspection method is a visual evaluation. If there are consistent issues, a video inspection can be conducted to ensure a more thorough evaluation.
City of Porterville
Sewer System Management Plan
Updated April 2024
Overall, the City maintains all components of the municipal sanitary sewer system, including the sewer lift stations, manholes, and pipelines. Service laterals are not designated as part of the City’s sewer system and therefore the responsibility of maintenance is on the owner.
4.7 Rehabilitation and Replacement Program
Regular inspections and record keeping allow the City sanitation department to better access and identify the City’s sewer system’s future needs. Based on the likelihood for component failure, these future needs are prioritized for long- and short-term rehabilitation actions. The identified needs are then used to develop the list of projects to be considered in the City’s long term Capital Improvement Program (CIP).
4.8 Training
The City understands the importance of maintaining a regular training and development program as it increases employee productivity and effectiveness at the job site. This is especially important since the overall goal of the City sewer collections department is to maintain and protect employee and public safety.
The City currently uses a combination of in-house classes and on-the-job training to train staff.
Additional education is encouraged through participation in the operator certification program, and conferences, seminars, and other opportunities to train its sewer collection staff.
The City provides the following training for the sewer collections staff:
Training
Type Frequency Method
Safety Weekly On-the-job training (OJT)
Routine Line Maintenance As appropriate OJT
Confined Space Entry Annually Formal CWEA Program
Gas Monitoring Annually Formal CWEA Program
Operation of cleaning and
maintenance equipment
Bi-annually OJT – Formal Program
Traffic Control Annually OJT – Formal Program
Record Keeping As appropriate OJT
Device and Instrumentation As appropriate Offsite Vendor/specialty Training Pipe Repair and
Maintenance
As appropriate OJT – Formal Training for Mechanical
Joints
Emergency Response (SSO) Annually Yearly Staff Training Emergency Response
(Public Health)
Annually CPR, First Aid
Emergency Response (Fire) Annually Fire Department Training Pump Station Operation and
Maintenance
As appropriate OJT – Formal Vendor Training
CCTV As appropriate OJT – Formal Vendor Training
Trench and Shoring As appropriate OJT – Formal Vendor Training Sewer Collections
Maintenance Certification
Annually CWEA Training
City of Porterville
Sewer System Management Plan
Updated April 2024
Furthermore, all employees who work on the sanitary sewer collection system receive training to recognize activities that may cause SSOs and how to respond when SSOs occur. Additionally, whenever an outside contractor is scheduled to work on the City’s sanitary sewer collection system. The City will provide a training brochure that the contractor is required to read and sign prior to working on any sanitary sewer system projects. This brochure will cover how to contain, clean, and who to contact in the event of a sanitary sewer overflow event.
4.9 Replacement Parts
The City has a small inventory of replacement parts kept at the Field Services yard in the event small repairs are needed or maintenance equipment fails. The listing includes:
• Pumps:
o 1x - 20hp;
o 1x - 5hp;
o 2x - 7.5hp;
• Repair Couplings:
o 6x - 6” x 6”;
o 2x - 6” x 6” (clay to plastic);
o 16x - 6” x 6” (clay to clay);
o 5x – 8” x 8”;
o 4x – 8” x 8” (clay to clay);
o 2x – 4” x 4”;
o 4x – 4” x 4” (clay to clay);
• 2x – 6” wyes;
• Main Plugs (6” through 24”);
• Hoses:
o 600’ new Vactor hose;
o 600’ new Jetter hose;
• 21’ of 4” SDR-35 PVC pipe;
• 21’ of 6” SDR-35 PVC pipe;
• 21’ of 8” SDR-35 PVC pipe; and
• Miscellaneous Manhole Covers and Rings.
The following are resources available to the City for use during large maintenance events and emergency services:
• Camera truck;
• Vactor truck;
• One ton service truck with crane;
• Jetter Trailer
• Flatbed truck; and
• Forklift.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 5: DESIGN AND PERFORMANCE PROVISIONS
5.1 Introduction
The intent of this section of the SSMP is to ensure consistent and quality design methods are available for sewer projects within the City. These methods include procedures for inspection, testing, rehabilitation and repair.
5.2 Regulatory Requirements
As required by the State Water Resource Control Board (SWRCB) to satisfy the GWDR Order No. 2022-0103-DWQ, the City must develop and implement the following:
a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations, and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.
5.3 Design and Construction Standards and Specifications The City currently has existing sewer system design standards and specifications. Furthermore, these design standards and specifications are referred to, approved by, and enforced through the City Municipal Code.
5.3.1 Design Standards
Sewer system design standards include that following:
• S-1 Sanitary Sewer Manhole;
• S-1.1 Sanitary Drop Manhole;
• S-2 Manhole Frame & Cover;
• S-3 Manhole Frame & Cover Adjustments Details;
• S-3.1 Manhole Frame & Cover Adjustments Details (B);
• S-4 60” Manhole;
• S-5 Flow Channels, Standard Manholes;
• S-6 Manhole;
• S-7 House Lateral;
• S-8 (Intentionally blank);
• S-9.1 Industrial Flow Metering Station;
• S-9.2 Industrial Flow Metering Station;
• S-10.1 “Cipoletti Weir” Metering Station;
• S-10.2 “Cipoletti Weir” Metering Station;
• S-10.3 “Cipoletti Weir” Metering Station; and
• S-11 Temporary Clean-Out.
City of Porterville
Sewer System Management Plan
Updated April 2024
5.3.2 Construction Specifications
Sewer system construction standard specifications can be found in Sections S-12.1 & S-12.2 of the City’s Standard Plans and Specifications.
5.3.3 Standards for Pump Stations and Other Appurtenances Only minimal information on pump station plans and specifications are included in the City Standards. More detailed plans and specifications for the City's pump stations are being developed and are anticipated to be completed by the end of 2024. Design standards and construction specifications for pump stations have historically been developed on a case by case basis as needed for construction of specific pump station facilities or for improvements to existing pump station facilities.
Specifications for rehabilitation and repair of existing sewer systems will be developed as needed on a project specific basis for any new rehabilitation projects being implemented.
5.3.4 Standards for Rehabilitation and Repair of Existing Sewer Systems Rehabilitation and repair of existing sewer lines are not included in the standards.
Design standards and construction specifications for rehabilitation and report of existing sewer lines have historically been developed on a case by case basis as needed for a specific project.
Specifications for rehabilitation and repair of existing sewer systems will be developed as needed on a project specific basis for any new rehabilitations projects being implemented.
5.4 Inspection and Testing Procedures and Standards
The City standards for inspecting and testing new and rehabilitated sewer and force mains are obtained from and detailed in the Sewers and Sanitation section of the Standard Plans for Public Works Construction, “The Green Book.” Furthermore, these design standards are referred to, approved by, and enforced through the City Municipal Code.
Additionally, closed circuit television inspection is required for all newly constructed sewers.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 6: SPILL EMERGENCY RESPONSE PLAN
6.1 Introduction
This section of the SSMP summarizes the key elements of the City’s Spill Emergency Response Plan, and includes response procedures and training plans for Sanitary Sewer Overflow Response Plan (SSORP) events.
6.2 Regulatory Requirements
As required by the State Water Resource Control Board (SWRCB) to satisfy the GWDR Order No. 2022-0103-DWQ, the City must develop and implement a spill emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following:
a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner;
b) A program to ensure an appropriate response to all spills; c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSO spills that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). All SSOs spills shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board Waste Discharge Requirements or National Pollutant Discharge Elimination System permit requirements. The SSMP should identify the officials who will receive immediate notification; d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Spill Emergency Response Plan and are appropriately trained; e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and
f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.
6.3 City Procedures
The City has addressed the State requirements through the following procedures:
1) Proper Notification Procedures
Notification procedures are outlined under Element 2, Organization, of the SSMP. This element includes a detailed description for responding to and reporting of SSOs as well as the SSO Reporting Flow Chart.
City of Porterville
Sewer System Management Plan
Updated April 2024
2) Appropriate Response
As part of the SSMP, it is the responsibility of the first responder to the site of the suspected SSO to assess the situation and respond appropriately. This SSMP provides three categories as the baseline of site assessment.
(a) No Significant Spill. The first responder reaches the site and finds no spill that fits the State definition for an SSO. No action needed.
(b) Minor Spill. The first responder finds a site spill that requires clean up, but does not meet the classification of a major spill. Generally, the spill does not cause immediate danger or damage and is easy to remediate by one person. (c) Major Spill. The Water Utilities Supervisor must be notified when a major spill occurs. A spill that meets any of the following criteria is considered a major spill. • More than one employee is called to assist;
• The SSO is over 1,000 gallons;
• The SSO enters surface water or a drainage channel;
• The SSO causes property damage or flooding in a building structure; or • The SSO constitutes an imminent danger to the general public or environment. 3) Notification Procedures
Element 2, Organization, of the SSMP outlines specific reporting procedures for notifying the appropriate agencies of an SSO event. For the City of Porterville, the appropriate contacts are as follows:
• Regional Water Quality Control Board – Walter Mobley, SSO Reduction Program Staff, (916) 323-0878;
• State SSO Database:
http://www.waterboards.ca.gov/water_issues/programs/ciwqs/index.shtml; and • Tulare County Office of Emergency Services – (559) 624-7495. 4) Staff Response Training
As outlined in Element 4, Operation and Maintenance Program, of the SSMP, the City will provide training to prepare the appropriate staff on how to respond, assess, and remediate SSO events.
5) Emergency Operation Procedures
Due to the small number of City staff, City personnel will coordinate directly with the Police and Fire department to address any emergency operations such as traffic and crowd control.
6) Response Program
A program that ensures all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment due to an SSO event is provided in Element 4, Operations and Maintenance Program, of the SSMP.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 7: SEWER BLOCKAGE CONTROL PROGRAM
7.1 Introduction
This section of the Sewer System Management Plan (SSMP) outlines the implementation of the Sewer Pipe Blockage Control Program, and includes a public education plan and the legal authority to inspect and enforce fats, oils, grease, rags, and debris generated and discharged to the sanitary sewer system service area.
7.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires the City to evaluate its service area and determine whether a Sewer Pipe Blockage Control Program is needed. If fats, oils, grease, rags, and debris is found to be a problem, the City must prepare and implement a fats, oils, grease, rags, and debris source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate:
a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of fats, oils, grease, rags, and debris; b) A plan and schedule for the disposal of fats, oils, grease, rags, and debris generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG fats, oils, grease, rags, and debris generated within a sanitary sewer system service area;
c) The legal authority to prohibit discharges to the system and identify measures to prevent SSO's and blockages caused by fats, oils, grease, rags, and debris; d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the Sewer Pipe Blockage Control ordinance;
f) An identification of sanitary sewer system sections subject to sewer pipe blockages and establish a cleaning and maintenance schedule for each section; and g) Develop and implement source control measures for all sources of fats, oils, grease, rags, and debris discharged to the sanitary sewer system for each section identified in (f) above.
7.3 Public Education
7.3.1 PLAN
According to the State records, a majority of Sanitary Sewer Overflow (SSO) events are caused by blockages in the sewer system. These blockages are caused by fats, oils, grease, rags, and debris. The City plans to reduce opportunities for SSO events by establishing annual public education campaigns that promote the proper disposal of fats, oils, grease, rags, and debris related items. Homeowners and fats, oils, grease, rags, and debris relevant businesses will be targeted. This includes a planned fats, oils, grease, rags, and debris flyer campaign, Attachment B.
City of Porterville
Sewer System Management Plan
Updated April 2024
The smaller proportion of SSO events are caused by storm water infiltration and failures in the sanitary sewer system. Since these areas have a smaller effect on the system, the City plans to address these items as part of their long term plans.
7.3.2 Schedule
a) Short Term – (1-3 years)
1. Over the first three years the City will focus on educating the public on effects of fats, oils, grease, rags, and debris has on the City’s sanitary sewer system and how this affects them.
2. In the same effort, the public will be informed on how and where they can properly dispose of fats, oils, grease, rags, and debris related items.
3. Business owners that have a potential of releasing fats, oils, grease, rags, and debris into the City’s sanitary sewer system will also be informed of the potential risks and existing fats, oils, grease, rags, and debris regulations as part of the City inspection program.
b) Mid-Term Evaluation (year 3)
1. An evaluation of the program’s effectiveness will be conducted to help decide whether to change current strategies to better achieve initial goals or begin implementation of long term efforts.
2.The evaluation will include the measurable goals of:
• Number of incidents of SSO events
• System cleaning frequency
• Lift station pump maintenance
c) Long Term – (3-5 years)
1. Either continue original approach or develop new public education focus based on Mid-Term Evaluation.
2. Develop a public education program focused on methods to address storm water infiltration by means of root invasions and illicit connections. This avoids education stagnation by changing the materials supplied to the public.
3. Repeat fats, oils, grease, rags, and debris program with a scaled back version for continual education.
7.4 Fats, Oils, Grease, Rags, and Debris Disposal
7.4.1 Plan
The City is required to develop and implement source control measures for fats, oils, grease, rags, and debris control. Currently, the City enforces the installation of Grease, Oil, and Sand Interceptors through City Ordinance and building inspections as required by California Law.
The City does not implement fats, oils, grease, rags, and debris disposal operations themselves, but instead requires restaurants to have their own grease traps pumped and hauled away to an approved recycling or disposal facility. Currently the County Health Department inspects local restaurants and their grease traps. The City refers any fats, oils, grease, rags, and debris related concerns to the County Health Department who takes the lead on any needed related remediation.
As part of the City’s Public Education program, the City plans to better inform the public on when, where, and how to properly dispose of fats, oils, grease, rags, and debris. The public outreach City of Porterville
Sewer System Management Plan
Updated April 2024
program will utilize utility bill inserts to promote proper disposal of fats, oils, grease, rags, and debris. The implementation schedule is located in the public education section.
7.4.2 Disposal Program
The Sewer Pipe Blockage Control Program will inform the public on the following recommendations and services offered by the City:
a. Identify how fats, oils, grease, rags, and debris collected by businesses and industry can be properly disposed of; and
b. Identify which household items are commonly and improperly disposed of down the drain and provide tips for proper household item disposal.
For Example:
Every day, meals are prepared that contain fats, oils and grease. All too often the fats, oils and grease (FOG) are poured down the sink or garbage disposers which are not designed to properly handle these materials. Once FOG enters the drain, it begins to build up in the pipes and can eventually cause blockages and backups. Here are some quick tips for properly disposing of FOG:
- Before washing, scrape and dry wipe pots, pans and dishes with paper towels and dispose of materials in the trash;
- Pour fats, oils and grease into a container such as an empty jar or coffee can.
Once the materials have cooled and solidified and the container is full, secure the lid and place it in the trash; and
- Use sink strainers to catch food items, and then empty the strainer into the trash; or
- Recycle fats, oils, and greases at the City’s household hazardous waste facility, 555 N. Prospect, Porterville.
7.4.3 Schedule
Sewer pipe blockage education for households, businesses and industry is part of the short term public education plan to be executed within the first three years. This will include placing flyer inserts within the utility billings.
7.5 Legal Authority
Refer to Element 3 of the SSMP for all relevant ordinances and municipal requirements in place to support the inspection, implementation, and remediation of all specified efforts to minimize SSO incidents caused by fats, oils, grease, rags, and debris.
7.6 Requirements for sewer pipe blockage collection devices An existing Municipal Code Section Chapter 25, Article V, Division 2, 25-85.1, “Grease, Oil, and Sand Traps”, requires the installation and use of specified FOG collection devices.
7.7 Sewer Pipe Blockage Problem Areas
The City monitors and maintains the sewer system as outlined in Element 4, Operation and Maintenance, of the SSMP. The attached hot spot spreadsheet identifies sanitary sewer system City of Porterville
Sewer System Management Plan
Updated April 2024
sections subject to fats, oils, grease, rags, and debris blockages and the associated maintenance efforts, Attachment C. This includes source control measures for problem areas that would be developed and implemented through the Replacement and Rehabilitation program.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 8: SYSTEM EVALUATION, CAPACITY ASSURANCE PLAN
AND CAPITAL IMPROVEMENTS:
8.1 Introduction
The intent of this section of the Sewer System Management Plan (SSMP) is to document the City’s planning efforts to assess the current capacity of the sanitary sewer collection system, determine if there are current or planned needs, develop a capital improvement plan (CIP) for identified capacity needs, and fund the CIP program so that the wastewater conveyance needs are met before the capacity of the system is exceeded.
8.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires that the City shall prepare and implement a Capital Improvement Plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include:
a) Evaluation: Actions needed to evaluate those portions of the collection system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events;
b) Design Criteria: Where design criteria does not exist or are deficient, undertake the evaluation identified in (i) above to establish appropriate design criteria; c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding; and
d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a) – (c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14 of State Water Resources Control Board Order No. 2022-0103-DWQ.
City of Porterville
Sewer System Management Plan
Updated April 2024
8.3 Evaluation
The City has identified on the hot spot list a few portions of the collection system that are more susceptible to problems due to insufficient pipe design grades. As outlined on the hot spot list, measures to address these issues have been identified. Currently though, no portion of the sanitary sewer system has been identified as regularly contributing to an SSO discharge cause by hydraulic deficiencies. Portions of the overall system have been evaluated as part of regular maintenance operations and have found no areas with conditions that suggest overflow events are likely to occur. If an area of the collection system develops specific conditions that indicate a strong likelihood that an SSO event may occur, a specific comprehensive plan will be developed by the City to address the actual conditions found.
8.4 Design Criteria
All sanitary sewers shall be designed in accordance with the City’s Improvement Standards and to accepted engineering principles. In all newly developed area and/or in all existing area where new sanitary sewers are required, the design shall include the provisions that the sewer system size and capacity can adequately accommodate the ultimate anticipated conditions. Any type or any form of storm drain system shall not be connected to any sanitary sewer system.
8.5 Capacity Enhancement Measures
Currently, no conditions exist that warrant the need to establish short and long term Capital Improvement Projects (CIP) in regards to possible SSO events. As part of this SSMP, we have noted areas of concern within the system (Hot Spots). Although none of these Hot Spots have been deemed significant enough to warrant a new CIP, the City will keep these areas in mind in the development of any future CIP and will follow the guidelines as provided in Section 8.2.
8.6 Schedule
Currently, no CIP has been developed and therefore no associated schedule of completion dates has been prepared. In the case a CIP is developed, the City will also provide a schedule as outlined in Section 8.2.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 9: MONITORING, MEASUREMENT, AND PROGRAM
MODIFICATION:
9.1 Introduction
The intent of this section of the Sewer System Management Plan (SSMP) is to ensure the City adequately maintains and updates the municipal sewer system. Any necessary adjustments or modifications to the SSMP will be made based on the results from regular sewer system monitoring and measurement.
9.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires that the City shall:
a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;
b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP;
c) Assess the success of the preventive maintenance program; d) Update program elements, as appropriate, based on monitoring or performance evaluations; and
e) Identify and illustrate SSO trends, including frequency, location, and volume.
9.3 Program Evaluation
Implementation of the SSMP will begin this year and therefore no evaluation can yet be made in regards to its effectiveness. The following sections outline methods that may be used in the future to help evaluate the program’s effectiveness.
9.4 Program Records
In order to best evaluate and prioritize SSMP activities for effectiveness and appropriateness, relevant documentation and records are needed. Below is a list of documents and records organized by element that should be collected and reviewed to properly evaluate the SSMP program.
1. Goal
a. Review goals outlined in section 1.3
2. Organization
a. Update organizational chart and contact information as needed, Sect. 2-6.
3. Legal Authority
a. Update regulation references as needed, Sect. 3-3.
City of Porterville
Sewer System Management Plan
Updated April 2024
4. Operation and Maintenance Program
a. Update system maps as needed, Sect. 4-3
b. Update system inventory as needed, Sect. 4-4
c. Update maintenance schedule as needed, Sect. 4-6
d. Update training schedule as needed, Sect. 4-8
e. Update replacement part list as needed, Sect. 4-9
f. Review program based on the maintenance frequency and number of problem incidents
5. Design and Performance Provisions
a. Review program based on the number of problem incidents
6. Spill Emergency Response Plan
a. Review plan based on response effectiveness to any past SSO events
7. Sewer Pipe Blockage Control Program
a. Review program based on number of FOG related incidents
8. System Evaluation, Capacity Assurance and Capital Improvement Plan a. Review program based on the number of problem incidents
9. Monitoring, Measurement, and Program Modifications
a. Revise program as necessary
10. Internal Audits
a. Revise program as necessary
11. Communication Program
a. Revise program as necessary
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 10: INTERNAL AUDITS:
10.1 Introduction
This section of the Sewer System Management Plan (SSMP) outlines the necessity for the City to regularly perform internal audits to ensure that the municipal sewer system is adequately maintained as described in Element 9. The results of any internal audit and consequential adjustments or modifications to the SSMP will be reflected in this chapter.
10.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires that the City shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the City’s compliance with the SSMP requirements identified in subsection D.13 of the GWDR, Order No. 2022-0103-DWQ, including identification of any deficiencies in the SSMP and steps to correct them.
10.3 Audit History
Implementation of the SSMP will begin this year and therefore no audits can yet be made in regards to the program’s effectiveness. The following sections, 10.4-10.7, are left in sample form format to be filled out in future reporting.
10.4 Frequency
The State requires that audits, at minimum, occur every two years.
10.5 Program Effectiveness
This section will summarize how well the City has done in regards to achieving the SSMP goals.
10.6 Program Deficiencies
This section will summarize areas where the City might be able to improve its SSMP program.
10.7 Program Corrective Measures
This section will summarize the proposed steps the City will make to improve the SSMP program to better achieve the SSMP goals.
City of Porterville
Sewer System Management Plan
Updated April 2024
Element 11: COMMUNICATION PROGRAM:
11.1 Introduction
This section of the Sewer System Management Plan (SSMP) outlines the City’s plan for ensuring open collaboration and communication with both the public and nearby effected agencies.
11.2 Regulatory Requirements
The SSMP is required by the State Water Resource Control Board (SWRCB) to satisfy the General Waste Discharge Requirement (GWDR), Order No. 2022-0103-DWQ. The GWDR requires:
The City shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the City as the program is developed and implemented.
The City shall also create a plan of communication with systems that are tributary and/or satellite to the City’s sanitary sewer system.
11.3 Public Hearing
In order to provide an opportunity for public discussion and input on the development of the SSMP, the SSMP will be placed on the City Council agenda for public review and council approval. The SSMP work plan and intent were presented to and sequentially approved by the Council during the initial stages of the development. The City intends to again present the complete SSMP to City Council for public review and comment.
11.4 Public Notice and Review
The City intends to notify the public of the completion and approval of the SSMP through notices on utility bill inserts and the City website. Similar notices will be mailed to organizations that may also be affected by this program. These efforts may be combined with the public education component of the SSMP that is also required.
For Example:
As part of the City’s Sewer System Management Plan, the City wants to remind you to avoid costly pipe repairs by placing your cooking grease in the trash and not down the drain.
11.4 Public Review
The City will post a digital copy of the SSMP on the website for public review. A hard copy can also be made available by the City upon request.
SANITARY SEWER OVERFLOW
RESPONSE PLAN
ATTACHMENT A
City of Porterville
Public Works Department
2024
i SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
TABLE OF CONTENTS
SSORP Revisions............................................................................................................................. 1 Plan Holders List.............................................................................................................................. 1 Introduction ...................................................................................................................................... 1 Definitions........................................................................................................................................ 1 Reporting Requirements................................................................................................................... 2 Category 1 SSO ........................................................................................................................... 2 Category 2 SSO ........................................................................................................................... 2 Category 3 SSO ........................................................................................................................... 2 Private Lateral SSO ..................................................................................................................... 2 Responding Staff Responsibilities.................................................................................................... 3 Spill Definitions ............................................................................................................................... 4 Minor spill ................................................................................................................................... 4 Major Spill................................................................................................................................... 4 Safety................................................................................................................................................ 5 SSO Decision Flow Chart ................................................................................................................ 6 Spill Response Plan.......................................................................................................................... 7 (Public Right of Way).................................................................................................................. 7 (Private Property)......................................................................................................................... 8 Spill Procedures................................................................................................................................ 9 Major Spill - Public ................................................................................................................... 9 Minor Spill - Public................................................................................................................... 9 Major Spill - Private .................................................................................................................. 9 Minor Spill - Private................................................................................................................ 10 Follow-up Procedures................................................................................................................10 Incident Staff Responsibilities........................................................................................................10 Training Plan.................................................................................................................................. 11 Sanitary Sewer Overflow (SSO) Field Data Sheet ........................................................................12 Customer Information Sheet ..........................................................................................................14 Flow Calculations...........................................................................................................................15 Contained Area ..........................................................................................................................15 Contained in Street Gutter.........................................................................................................15 Un-contained Flow ....................................................................................................................15 Manhole with Cover in Place ....................................................................................................16 Manhole with Cover Removed.................................................................................................. 17 Manhole pick-hole with Cover in Place ....................................................................................18 Flow Estimation Pictures...........................................................................................................19 i SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
SSORP REVISIONS
PLAN HOLDERS LIST
Assistant City Manager
Public Works Director - FS
Field Services Manager
Water/Sewer Superintendent
Water/Sewer Supervisor
Water/Sewer Maintenance Workers
Field Services Corporation Yard
Field Services Corporation Yard
Field Services Corporation Yard
Field Services Corporation Yard
Field Services Corporation Yard
Field Services Corporation Yard
Rev#: Revision Date: By: Notes:
1 SANITARY SEWER OVERFLOW RESPONSE PLAN
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INTRODUCTION
The City of Porterville's Public Works Department isresponsible forthe operation and maintenance of the City's sewer and storm drain collection systems; sewer and storm drain manholes; and wastewater transmission lines. The purpose of this system is to collect and convey the City's wastewater to its wastewater treatment facility (WWTF). These transmission systems are well maintained and normally should not result in any sewage spills or overflows. However, the possibility exists that unforeseen accidents, unusual equipment failure or other events not controllable by the City could result in a sewage/spill overflow. This procedure provides a plan that when enacted in response to a sewer spill/ overflow would reduce or eliminate public health hazards, spillage of raw sewage onto public or private property, unnecessary property damage, contamination of the environment, and the inconvenience of service interruptions.
This Sanitary Sewer Overflow Response Plan (SSORP) is designed to assist and train employees to comply with the responsibilities of the plan and to ensure that all citizens and employees health and safety are protected. It is also designed to ensure that all the appropriate entities are informed of all sewage spills.
DEFINITIONS
Blockage - Something that partially or fully blocks the wastewater from flowing through a sewer pipeline. The blockage can be caused by debris in the sewer, grease buildup, root intrusion, or a partial or full collapse of the pipeline. If not caught in time, the blockage may cause an overflow. This is also called a stoppage.
Category 1 SSO - All discharges of sewage of ANY VOLUME resulting from a failure in the Enrollee's sanitary sewer system or flow condition that reach surface water and/or a drainage channel tributary to a surface water; or reach a storm drainpipe that was not fully captured and returned to the sanitary sewer system.
Category 2 SSO - All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system or flow condition that equals or exceeds 1,000 gallons that does not reach surface water and/or a drainage channel and/or a storm drainpipe that is fully captured and returned to the sanitary sewer system.
Category 3 SSO - All other discharges of sewage, not included in Category 1 or 2, resulting from a failure in the Enrollee's sanitary sewer system or flow condition.
GPM - Gallons per Minute
OES - Office of Emergency Services
Private Lateral Sewage Discharges - Sewage discharges that are caused by blockages or other problems within a privately owned lateral or from other private sewer assets.
RWQCB -Regional Water Quality Control Board
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REPORTING REQUIREMENTS
Category 1 SSO - All SSOs that meet the above criteria for Category 1 SSOs must be reported as soon as:
• The Enrollee has knowledge of the discharge,
• reporting is possible, and
• reporting can be provided without substantially impeding cleanup or other emergency measures.
Initial reporting of Category 1 SSOs must be reported to the Online SSO System as soon as possible but no later than 3 business days after the Enrollee is made aware of the SSO. A final certified report must be completed through the Online SSO System within 15 calendar days of the conclusion of SSO response and remediation.
Also, Category 1 SSOs greater than or equal to 1,000 gallons must also be reported to the State Office of Emergency Services (OES) within 2 hours of becoming aware of the SSO. All Category 1 spills shall be reported verbally to State of California Office of Emergency Services at: 800-852-7550.
Also, Category 1 SSOs great than or equal to 50,000 gallons that reach surface waters must have a technical report submitted within 45 calendar days after then end date of the SSO.
Category 2 SSO - All SSOs that meet the above criteria for Category 2 SSOs must be reported to the Online SSO Database within 15 calendar days of the conclusion of SSO response and remediation.
Category 3 SSO - All SSOs that meet the above criteria for Category 3 SSOs must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the SSO occurs
All hazardous materials - contact the Porterville Fire Department Immediately at: 559-782-7526 Private Lateral SSO - All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SSO Database based upon the Enrollee's discretion.
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RESPONDING STAFF RESPONSIBILITIES
The first crew responding to a sewer backup has the immediate responsibility to protect people, property, and the environment from effects of a sewage spill/overflow. To meet these objectives in a rapid, effective and organized manner, staff will respond and fulfill the duties in the following categories as directed by this plan:
#1 CONTAIN spilling sewage from entering waterways
• Capture the sewage where it can be recovered and returned to the sewer system.
• Contain sewage in advantageous locations (i.e., flood control facilities, construction excavations locations, vacant lots etc.)
• Containment materials include sand, sand bags, poly sheeting, socks, etc. #2 CONTROL the spill overflow and bypass area of failure • Bypass the obstructed line by pumping the spillage into another nonrestricted line or vacuum with vactor truck • Set up barricades to prevent public contact with spill #3 CLEANUP the affected areas to ensure public health and safety • Remove all visible debris
• Wash down and contain run-off being careful not to wash sewage into storm drain system
• Determine whether to disinfect or not to disinfect?
• Consider requirements of other agencies
• Consider beneficial use of receiving waters
• Consider the uses and ownership of affected properties • Clean all hard/soft surfaces
4 SANITARY SEWER OVERFLOW RESPONSE PLAN
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SPILL DEFINITIONS
Minor spill
A minor spill is a sewage spill that is contained and can be effectively and satisfactorily cleaned up by city personnel, and does not require regulatory notification.
A minor inside spill is one that:
1. Is confined to the affected drain area and does not enter other rooms.
2. Does not contaminate carpet, furniture or other homeowner belongings that require specialized cleaning and disinfection.
3. Does not pose a threat to public health.
A minor outside spill is one that:
1. Is less than 50 gallons: or
2. Is between 50 and 1000 gallons and does not occur within 50 feet of human habitation, does not contaminate public waters, does not pose a threat to public health and/or the environment, and can be cleaned up by city personnel.
Major Spill
A major spill is a sewage spill that contaminates the homeowner's property inside the home, cannot be effectively and satisfactorily cleaned up by city personnel, and requires regulatory notification.
A major inside spill is one that:
1. Spreads beyond the immediate drain area and into other living areas.
2. Contaminates wall-to-wall carpets, furniture or other homeowner's belongings that require specialized cleaning or disinfection.
3. Poses a threat to public health.
A major outside spill is one that:
1. Is greater than 1000 gallons.
2. Is more than 50 gallons but occurs within 50 feet of human habitation, contaminates public water and/or poses a threat to public health and/or the environment. 5 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
SAFETY
Whenever City personnel respond to a report of an overflow/spill, they may encounter an emergency situation that requires immediate action. The most critical aspect of resolving an incident of this nature is to safely and competently perform the actions necessary to return the damage equipment or facility to operation as soon as possible.
The most important item to remember during this type of incident is that safe operations, both to the employee and the public, always take precedence over expediency or short cuts.
Depending on the nature or cause of the overflow/spill, personnel may be performing mechanical or electrical repairs at a pump station, removing a mainline blockage with the vactor truck or repairing a damaged section of pipeline. At this point, it is essential that all applicable safety procedures are followed so that the response does not cause the situation to escalate.
Typical responses may require personnel to implement the following types of safety procedures:
• Lockout/tagout of equipment for repairs
• Confined space entry procedures
• Traffic control procedures at site
• Equipment and/or vehicle operation
• Use of personnel protective equipment
Another important aspect of responding to an overflow/spill is the ability to maintain adequate communication via two-way radio and/or cellular telephone. Responders may need to call for additional resources as the situation may warrant as well as to notify other personnel and supervisors of the situation.
6 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
SSO DECISION FLOW CHART
7 SANITARY SEWER OVERFLOW RESPONSE PLAN
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SPILL RESPONSE PLAN
(Public Right of Way)
1. Upon Arrival assess the severity of the spill and determine the manpower and equipment needed. Contain spillage immediately if possible.
2. Locate and clear stoppage and restore unobstructed flow.
3. Prevent contact between public and spill, utilize barricades, cones, and for dangerous traffic areas contact police for assistance in traffic control.
4. Once the blockage has been relieved or problem corrected and the overflow has ceased, every effort shall be made to contain the sewage that has spilled
5. If there is flooding or property damage, notify supervisor immediately.
6. Take photographs or video of the affected area, before and after clean-up, for city records.
7. Solids and debris and/or blockage material should be raked up, bagged and disposed of at the WWTF and any excess liquid may be returned to an unobstructed sewer main. Wash down and sanitize affected areas.
8. Do not volunteer or disown City liability. Instead, neutral comments should be used by City personnel indicating that the liability issue cannot be addressed until all of the relevant information has been evaluated.
9. After clean-up is complete remove barricades to restore public access after area is safe.
10. Complete service request.
11. The responding employee shall complete the Sanitary Sewer Overflow Field Data Sheet and turn it in to the Water/Sewer Supervisor.
8 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
(Private Property)
1. Upon Arrival assess the severity of the spill and determine the manpower and equipment needed. Contain spillage immediately if possible. If it is determined that it is a customer problem and not a city main line blockage, notify the customer to clear their service line and clean up the spill. Try to contain the spill to the property, if you cannot contain the spill call for assistance.
2. If it is a city problem, Locate and clear stoppage and restore unobstructed flow.
3. Prevent contact between public and spill, utilize barricades, cones, and for dangerous traffic areas contact police for assistance in traffic control.
4. Once the blockage has been relieved or problem corrected and the overflow has ceased, every effort shall be made to contain the sewage that has spilled to public property.
5. Obtain customer/property owner information, including Name, Address Phone Number, and the date and time they were notified and record on Agency Notification sheet.
Provide customer with a "Customer Information Sheet".
6. If there is flooding or property damage, notify supervisor immediately.
7. Take photographs or video of the affected area, before and after clean-up, for city records.
8. Solids and debris and/or blockage material on public property should be raked up, bagged and disposed of at the WWTFand any excess liquid may be returned to an unobstructed se wer main. Wash down and sanitize affected areas.
9. City personnel indicating that the liability issue cannot be addressed until all of the relevant information has been evaluated.
10. After clean up is complete remove barricades to restore public access after area is safe.
11. Supply the customer with the customer information sheet.
12. For major spills caused by the city, additional assistance may be required, including hotel/motel accommodations. Details and arrangements for Major spills shall be the responsibility of the Water/Wastewater Supervisor.
13. Complete service request.
14. The responding employee shall complete the Sanitary Sewer Overflow Field Data Sheet and turn it in to the Water/Wastewater Supervisor.
9 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
SPILL PROCEDURES
Major Spill – Public
1. Call Supervisor/ Superintendent
2. Assess spill location and prioritize and implement containment strategy
3. Clear stoppage & restore flow
4. Contain spill with earth berms, plugs for downstream storm drain pipe, and plastic sheets for drop inlets
5. Prevent contact between public and spill utilizing barricades, cones and traffic control (contact Police for dangerous traffic areas)
6. Investigate overflow inside structures and take photographs before and after clean-up for City records
7. Return spill to collection system with Vactor truck, pumps & hoses, or water truck
8. Remove all signs of gross pollution
9. Flush with water and disinfect area if needed
10. Complete service request
11. Implement Follow-up procedures
Minor Spill – Public
1. Assess spill location and prioritize and implement containment strategy
2. Clear stoppage & restore flow
3. Contain spill and return to system
4. Prevent contact between public and spill
5. Investigate overflow inside structures and take photographs before and after clean-up for City records
6. Remove all signs of gross pollution
7. Flush with water and disinfect area if needed
8. Complete service request
9. Implement Follow-up Procedures
Major Spill – Private
1. Request Assistance
2. Call Supervisor/ Superintendent
3. Clear blockage and clean up spill outside building
4. Take photographs or video of the affected area, before and after clean-up, for city records.
5. Fill-out report for billing the customer
6. Provide customer with Notice of Clean-up Responsibility for any spills inside building
7. Complete service request
10 SANITARY SEWER OVERFLOW RESPONSE PLAN
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Minor Spill – Private
1. Notify Customer of customer's responsibility to clear blockage and clean-up
2. Stay at location to verify customer takes care of blockage and clean-up
3. Complete service request
4. Check back at location during working hours to verify spill has stopped Follow-up Procedures
1. Investigate cause of spill
2. Do CCTV Inspection
3. Add to Cleaning Schedule (if needed)
4. Repair or replace any broken line segments
INCIDENT STAFF RESPONSIBILITIES
The Water/Sewer Superintendent is responsible to ensure that all operations and Maintenance personnel are trained in and follow these procedures.
The responding Employee is responsible for filling out the Sanitary Sewer Overflow Field Data sheet. The Water/Sewer Supervisor is responsible for filling out the Overflow Report and sins off that is complete and accurate.
The Water/Sewer Superintendent or the Water/Sewer Supervisor is responsible for notifying regulatory agencies within the required time frames outlined on Page 2. 11 SANITARY SEWER OVERFLOW RESPONSE PLAN
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TRAINING PLAN
Training is the key to the success of this plan. Employees will participate in an orientation exercise every six months and one tabletop or functional full-scale exercise shall be conducted annually.
ORIENTATION EXERCISE - This exercise will consist of a lecture with handouts and overheads covering all aspects of the sewage spill response plan. Each employee will learn individual duties and responsibilities and learn how to effectively use this plan and work together as a team.
TABLETOP EXERCISE - In this exercise, equipment or deployment of resources will not be used. All activities will be simulated. Employees will learn through discussion and the use of a facilitator. The exercise will focus on the events leading to a potentially large spill and how to mitigate the effects.
FUNCTIONAL FULL SCALE EXERCISE - This exercise will simulate a large scale spill where employees will respond to a mock spill. Equipment will be deployed including sewer trucks, pumps, and containment equipment. Backup resources will be controlled and included in this exercise. A confined space entry exercise will not be conducted and a manhole entry will not be done. Following any of the above mentioned plans a critique will be conducted in order to refine or improve this plan.
12 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
SANITARY SEWER OVERFLOW (SSO) FIELD DATA SHEET
13 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
14 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
CUSTOMER INFORMATION SHEET
If you feel you have a claim against the city, contact the City Clerk's office located inside City Hall.
Phone number: (559) 782-7464
Fax Number: (559) 782-7452
email address: [email protected]
15 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
Width
Length
Diameter
Depth Width
FLOW CALCULATIONS
Contained Area
Estimate the volume of an overflow based on area calculations. Use the following steps to calculate volume:
1. Sketch the shape of the spill
2. Measure the dimension of the spill
3. Measure the average depth of the spill
4. Convert all measurements to feet
5. Calculate the volume using the following formulas:
6. Rectangular (gallons) = length x width x depth x 7.48
7. Circular (gallons) = 0.785 * (diameter)2 * depth
Contained in Street Gutter
Estimate the volume of an overflow contained along a street gutter. Use the following steps to calculate volume:
1. Measure the length and width of the spill
2. Measure the average depth of the spill
3. Convert all measurements to feet
4. Calculate the volume using the following formula:
5. Volume (gallons) = length x width x depth x 3.74
Un-contained Flow
The overflow volume can be estimated with the following formula:
Volume (gallons) = Flow Rate (gpm) x duration (minutes) 16 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
Height of
spout
above M/H
Rim "H" in
height
24" MH Cover in Place 36" MH Cover in Place
SSO flow
"Q"
in gpm
Min. Sewer
size in
which
these flows
are
possible
SSO flow
"Q"
in gpm
Min. Sewer
size in
which
these flows
are
possible
1/4 1 1
1/2 3 4
3/4 6 8
1 9 13
1 1/4 12 18
1 1/2 16 24
1 3/4 21 31
2 25 37
2 1/4 31 45
2 1/2 38 55
2 3/4 45 66
3 54 78
3 1/4 64 93
3 1/2 75 109
3 3/4 87 127
4 100 147
4 1/4 115 169
4 1/2 131 192
4 3/4 148 217 6''
5 166 243
5 1/4 185 270
5 1/2 204 299
5 3/4 224 6'' 327
6 244 357
6 1/4 265 387 8''
6 1/2 286 419
6 3/4 308 451
7 331 483
7 1/4 354 547
7 1/2 377 551
7 3/4 401 8'' 587 10''
8 426 622
8 1/4 451 659
8 1/2 476 697
8 3/4 502 734
9 529 773
Manhole with Cover in Place
17 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
Height of
spout
above M/H
Frame "H"
in height
24" MH Cover Removed 36" MH Cover Removed
SSO flow
"Q"
in gpm
Min. Sewer
size in
which
these flows
are
possible
SSO flow
"Q"
in gpm
Min. Sewer
size in
which
these flows
are
possible
1/8 28 49
1/4 62 111
3/8 111 187 6''
1/2 160 271
5/8 215 6'' 361 8''
3/4 354 8'' 458
7/8 569 10'' 556 10''
1 799 12'' 660 12''
1 1/8 1,035 1,035
1 1/4 1,340 15'' 1,486 15''
1 3/8 1,660 1,951
1 1/2 1,986 2,424 18''
1 5/8 2,396 2,903
1 3/4 5,799 3,382
1 7/8 3,132 3,917 24''
2 3,444 21'' 4,458
2 1/8 3,750 5,000
2 1/4 3,986 5,556
2 3/8 4,215 6,118
2 1/2 4,437 6,764
2 5/8 4,569 24'' 7,403
2 3/4 4,687 7,972 30''
2 7/8 4,799 8,521
3 4,910 9,062
3 1/8 9,604
3 1/4 10,139
3 3/8 10,625 36''
3 1/2 11,097
3 5/8 11,569
3 3/4 12,035
3 7/8 12,486
4 12,861
4 1/8 13,076
4 1/4 13,285
4 3/8 13,486
Manhole with Cover Removed
18 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
Unrestricted
M/H cover
will start to
lift
Height of
spout
above M/H
Cover "H"
SSO flow
"Q"
in gpm
1/8 1.0
1/4 1.4
3/8 1.7
1/2 1.9
5/8 2.2
3/4 2.4
7/8 2.6
1 2.7
1 1/8 2.9
1 1/4 3.1
1 3/8 3.2
1 1/2 3.4
1 5/8 3.5
1 3/4 3.6
1 7/8 3.7
2 3.9
2 1/8 4.0
2 1/4 4.1
2 3/8 4.2
2 1/2 4.3
2 5/8 4.4
2 3/4 4.5
2 7/8 4.6
3 4.7
3 1/8 4.8
3 1/4 4.9
3 3/8 5.0
3 1/2 5.1
3 5/8 5.2
3 3/4 5.3
3 7/8 5.4
4 5.5
4 1/8 5.6
4 1/4 5.6
4 3/8 5.7
4 1/2 5.8
4 5/8 5.9
4 3/4 6.0
4 7/8 6.0
5 6.1
Height of
spout SSO flow
above M/H "Q"
Cover "H" in gpm
5 1/8 6.2
5 1/4 6.3
5 3/8 6.3
5 1/2 6.4
5 5/8 6.5
5 3/4 6.6
5 7/8 6.6
6 6.7
6 1/8 6.8
6 1/4 6.8
6 3/8 6.9
6 1/2 7.0
6 5/8 7.0
6 3/4 7.1
6 7/8 7.2
7 7.2
7 1/8 7.3
7 1/4 7.4
7 3/8 7.4
7 1/2 7.5
7 5/8 7.6
7 3/4 7.6
7 7/8 7.7
8 7.7
8 1/8 7.8
8 1/4 7.9
8 3/8 7.9
8 1/2 8.0
8 5/8 8.0
8 3/4 8.1
8 7/8 8.1
9 8.2
9 1/8 8.3
9 1/4 8.3
9 3/8 8.4
9 1/2 8.4
9 5/8 8.5
9 3/4 8.5
9 7/8 8.6
10 8.7
Manhole pick-hole with Cover in Place
Note: this chart is based on a 7.8 inch diameter pick hole. 19 SANITARY SEWER OVERFLOW RESPONSE PLAN
4/12/24
Flow Estimation Pictures
City of Porterville
Public Works Department
Mailing Address: 291 N. Main Street Porterville, CA 93257 Physical Address: 555 N. Prospect Street Porterville, CA 93257 What Restaurant and
Building Owners
Need to Know About
Grease Traps or
Interceptors
Restaurants and large buildings,
such as apartment complexes, and
other commercial establishments
may have grease traps or
interceptors that keep grease out of
the sewer system. For a grease
trap or interceptor to work correctly
it must be properly.
ATTACHMENT B
City of Porterville
Public Works
Department
1. Designed (sized and
manufactured to handle the
amount that is expected;
2. Installed (level, vented, etc.);
and
3. Maintained (cleaned and
serviced on a frequent basis).
Solids should never be put into
grease traps or interceptors.
Routine, often daily, maintenance of
grease traps and interceptors is
needed to ensure that they properly
reduce or prevent blockages. Be cautious of chemicals and additives (including soaps and
detergents) that claim to dissolve
grease. Some of these additives
simply pass grease down pipes
where it can clog sewer lines in
another area.
City of Porterville
Public Works Department
555 N. Prospect
Porterville, CA93257
ci.porterville.ca.us
FAT-FREE
SEWERS HowtoPreventFat
s,
O
ils,and
G
reasefrom
D
a
m
agingYour
H
o
m
e,
Business,andthe
Environ
m
ent
Fats, Oils, and Grease aren’t just bad for your arteries and your waistline; they are bad for sewers too!
Sewer overflows and backups can cause health hazards, damage home interiors, and threaten the environment. An increasingly common cause of overflows is sewer pipes blocked by grease. Grease gets into the sewer from household drains as well as from poorly maintained grease traps in restaurants and other businesses. DON’T Where does the grease come from?
Most of us know grease as the byproduct of cooking.
Grease can be found in such things as:
Meat Fats Food Scraps
Lard Baking Goods
Cooking Oil Sauces
Shortening Dairy Products
Butter and Margarine
Too often, grease is washed into the plumbing system,
usually through the kitchen sink. Grease sticks to the
insides of sewer pipes (both on your property and in
the streets). Over time, the grease can build up and
block the entire pipe.
Home garbage disposals do not keep grease out of the
plumbing system. These units only shred solid
material into smaller pieces and do not prevent grease
from going down the drain.
Commercial additives, including detergents, that
claim to solve grease may pass grease down the line
and cause problems in other areas.
The results can be:
Raw sewage overflowing in your home or your
neighbor's home;
An expensive and unpleasant cleanup that often
must be paid for by you, the homeowners;
Raw sewage overflowing into parks, yards, and
streets;
Potential contact with disease-causing organisms; and
An increase in operation and maintenance costs
for local sewer departments, which causes
higher sewer bills for customers.
What we can do to help.
The easiest way to solve the grease problem and help
prevent overflows of raw sewage is to keep this
material out of the sewer system in the first place.
There are several ways to do this.
1. Never pour grease down sink drains or into toilets.
2. Scrape grease and food scraps from trays, plates,
pots, pans, utensils, and grills and cooking
surfaces into a can or the trash for disposal (or
recycling where available).
3. Do not put grease down garbage disposals. Put
baskets/strainers in sink drains to catch food
scraps and other solids, and empty the drain
baskets/strainers into the trash for disposal.
4. Speak with your friends and neighbors about the
problem of grease in the sewer system and how to
keep it out. Call your local sewer system
authority if you have any questions.
Sewer Collection Hot Spot List-2024
MONTHLY
1. M=OLIVE & CARMELITA E /425 S'
2. M=OLIVE & CARMELITA N/1OO'
3. M=OLIVE & OLIVE TERRACE N/I0O'
4. M=OLIVE @ KESSING & "H" ST, N/600’
5. M=LOCUST @ WALLACE &
CORNELL S/350'
6. M=PORTERVILLE RECORDER
S/600'
7. M=UNDER DR. LORD'S HOUSE N/1200'
8. M=GIBSON @ 3rd & 4th H ST. N to LAMP
WELL/430'
9. M=M/H ON LIME @HENDERSON N/600’
10. M=HENDERSON @ LIME &
DIVISION N/600'
11. M=HIGHLAND &
MARSHALLN/l00'
12. M= HIGHLAND & MARSHALL S/120'
13. M""BELLEVIEW @ R.R.TRACKS S
/425'
14. M"'BELLEVIEW @R.R.TRACKS N/450'
15. M=IN FRONT OF 376
HENRAHAN ST 300'
16. M=196 W. KANAI S/200'
17. M=EL GRANITO &
MORTON N /530'
18. M"'MIH ON MAIN &
ORANGE E/350'
19. M= ESTHER @ PUTNAM & MILL
E/600
20. M=CLEVLAND & PLANO (in dirt
driveway) E/250
21. M= FOURTH ST. SOUTH OF MORTON
E/575
QUARTERLY
22. Q=M/H ON PUTNAM WEST OF
INDIANA TO E /425'
23. Q=WILLOW & G" & "H" ST. N
/1260'
24. Q=ORANGE @ EL TAPATIO N/450'
25. Q=M/H IN FIELD BEHIND 171-173 K
OAK S/450'
26. Q=CLEVELAND @ 2nd & 3rd ST.
S/600'
27. Q=HENRAHAN UNDER SANTA FE
DEPOT W /180’
28. Q=CLEVELAND & PLANO S/120'
29. Q= M/H IN ALLEY BEHIND DR.
LORDS E / 600’
30. Q=M/H IN ALLEY BEHIND P.B.W. S / 380’
31. Q= M/H IN ALLEY BEHIND ELKS LODGE
N / 330
32. Q= HENDERSON & G St. N / 100’
33. Q= M/H ON LIHU N. OF SCHOOL E / 580’
34. Q=M/H IN FRONT OF 559 N. PALM W /
140’
35. Q= STATE HOSPITAL LINE ON
VANDALIA RD. 600’
36. Q= FLUSH M/H ON LIME @ RICHARD
BARTLETTS
37. Q= FLUSH M/H ON YOWLUME IN FRONT
OF EMC
38. Q= FLUSH M/H @ SPORTS COMPLEX
SHOP
YEARLY
39. JET ALL LONE OAK ESTATES (MAY) /
3310’
ATTACHMENT C
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ADOPTING THE SANITARY SEWER MANAGEMENT PLAN FOR
THE CITY OF PORTERVILLE
WHEREAS, the State of California’s State Water Resources Control Board (SWRCB) adopted the Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems (General Order) Order WQ 2022-0103-DWQ on December 6, 2022; and WHEREAS, said General Order applies to all public collection system agencies in California that own or operate collection systems comprised of more than one mile of pipe or sewer lines which convey untreated wastewater to a publicly owned treatment facility; and WHEREAS, said General Order requires said agencies to develop and implement a Sanitary Sewer Management Plan (SSMP) in order to manage the wastewater collection system more effectively; and
WHEREAS, the required SSMP consisting of eleven (11) individual components in which the General Order requires the governing board of the public collection system to adopt the individual elements; and
WHEREAS, the Public Works Staff has presented information outlining the necessary components to the SSMP; and
WHEREAS, it is in the best interest of the City of Porterville to maintain orderly control of its Sanitary Sewer Collection System and associated infrastructure, and being consistent with regulations adopted by the General Order.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the attached 2024 Sanitary Sewer Management Plan.
PASSED, APPROVED AND ADOPTED this _____ day of _______, 2024. ____________________________________
Martha A.Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 10.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Annual Emulsion Program for Fiscal Year 2024/2025 SOURCE: Public Works
COMMENT: Staff is seeking the City Council's authorization for the expenditure of funds to contract with an emulsion distributor for annual services. Such a contract would secure pricing for services and would greatly improve the efficiency and quality of efforts for the 2024/2025 Overlay Season. An emulsion is a bonding agent for cold and hot mix operations. Staff sought quotes from two local emulsion distributors for services for the Fiscal Year 2024-2025.
Emulsion Distributor Quoted Price Per Gallon
Standard Emulsion Inc. $3.22 Per Gallon
Cain Trucking Inc. $3.25 Per Gallon
After receiving two service quotes, staff recommends awarding to Standard Emulsion Inc. as they were the lowest bidder for the proposed scope of services.
In the event of operational challenges, staff also seeks authority from the Council to utilize the additional contractor for the same services should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the order identified above. Surface Transportation Program Funds, Measure R Local Funds, and Measure I are the sources of funding for this program.
RECOMMENDATION: That the City Council:
1. Authorize staff to utilize emulsion distributor Standard Emulsion Inc. for the Fiscal Year 2024/2025;
2. Allow staff to substitute emulsion distributors pending schedule conflicts as ranked by the quote for services; and
3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance Program.
ATTACHMENTS: 1. STANDARD EMULSION TAC QUOTE (2)
2. CAIN TRUCKING TAC QUOTE
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Item No. 10.
Final Approver: Patrice Hildreth, City Manager
$ =EMU!5
Estimate Standard Emulsions lnc
Date Estimate No.
5t17 t2024 50
Phone # Fax # Web Site
805-312-3650 805-435-3748 scott/.istandardcmulsions.corn Customer
CITY OF PORTERVILLE
291 N. Main Street
Poterville, CA 93257
ALL ORDERS REOUIRE 24 HOUR NOTICE
(ritcltdm8 allapplicable i eresl and pcnaltie, imposed witl resped ro tDarer;.k deli\ged to lhe FacitiqThis proposal is valid for live (5) days lrom the datc shown above. Please rctum one l'ully exccuted original ofthis Agrecment either by F'AX (805) 435-3748 or cmail to Ilavio ([email protected]). Upon receipt ofsigned agrecment (preferred) and/or at timc ofshipment of first load. this proposal will bccome thc binding agrecment bctween the partics.
PO BOX 8115
Santa Maria
cA 93456
Purchaser
By:
Title:
Date:
Seller:
By:
Title:
Date:
Proiect
Description Qtv U/M Rate Total
Tack oil in gallons
The price is valid from 0610112024 lo 0513112025
The price is FOB Visalia
Sales Tax
1 gal .)oo
7 .75%
2.997
0.23 Total $3 22
Standard Emulsions Co
E-mail
www.standardcmulsions.cotn
Item No. 11.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2024-2025
SOURCE: Public Works
COMMENT: Staff is requesting the expenditure of $2,000,000 in Fiscal Year 2024-2025 for the Self-Performed Street Maintenance Program. In addition to work performed in support of Annexation Projects, staff has prepared a list of street sections that qualify for this fiscal year's Self-Performed Street Maintenance Program; qualification is based on the pavement condition index and the potential that this repair work will prolong the need for reconstruction and improve existing conditions. The proposed treatment is a typical grind out and pave back using an asphalt paver with Asphalt Concrete Hot Mix and/or a traditional cold mix curb-tocurb overlay. The street sections identified are as follows:
STREET FROM TO
Westside St. Morton Ave Putnam Ave
Newcomb St. Morton Ave Olive Ave
Wisconsin St. Olive Ave Putnam Ave
Kimberly Pl. Chelsea Way South End
Justin Ct. Chelsea Way North End
Chris Ct. Chelsea Way South End
Prospect St. North Grand Ave Pioneer Ave
Lotas Way Pioneer Ave Brian Ln.
Villa St. Union Ave Vine Ave
E St. Olive Ave Vine Ave
Item No. 11.
Springville Ave Jaye St. Oak View St.
Ohio St. Melinda Ave Stacie Ave
Chess Terrace
St.
Melinda Ave Gibbons Ave
Cottage Circle Stacie Ave North End
Mathew St. Castle Ave Brian Ave
Monache Ln. Red Oak St. Wellington St.
Silver Maple St. Monache Ln. San Lucia Ct.
San Lucia Ct. Silver Maple St. East End
Red Oak St. Luisa Ave Monache Ln.
Dexter Ave Villa St. Village Green
St.
Dexter Ave Villa St. Carmelita St.
E St. Olive Ave Willow Ave
Plano St. Westfield Ave 1090 N. Plano
St.
Casa Del Rio Date Ave Presidio Ave
Presidio Ave Rio Bonito Carmella St.
Carmella St. Presidio Ave Rio Vista Ave
Rio Bonito St. Presidio Ave Rio Vista Ave
Olive Ave Conner St. Hillcrest St.
Chelsea Way Newcomb St. Chris Ct.
Plano St. Mulberry Ave Henderson Ave
Westwood St. Olive Ave Tule River
Bridge
Item No. 11.
Henderson
Avenue (w/b)
State Route 65 1265 W.
Henderson Ave
Olive Avenue
(e/b)
G Street F Street
Olive Avenue
(e/b)
E Street Railroad Tracks
Olive Avenue D Street Hockett Street
Surface Transportation Program funds, Measure I, and Measure R Local funds are the sources of funding for this program.
RECOMMENDATION: That the City Council:
1. Approve the Fiscal Year 2024-2025 Self-Performed Street Maintenance Program; and
2. Authorize the expenditure of $2,000,000 in Fiscal Year 2024- 2025 for the Self-Performed Street Maintenance Program.
ATTACHMENTS: 1. Proposed Arterial/Collector Overlay Projects Map
2. Proposed Local Streets Overlay Projects Map
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 12.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Annual Hauling Services for Asphalt Maintenance Program year 2024/2025 SOURCE: Public Works
COMMENT: The City's Public Works Department - Streets Maintenance Division is asking for approval for the expenditure of funds for Annual Asphalt Hauling Services.
Secured pricing and services for asphalt hauling will facilitate efforts for the 2024-2025 overlay season. Historically, staff has had to secure the transport of asphalt on a project-by-project basis, presenting challenges for project scheduling. As the City continues to develop a robust asphalt maintenance program, staff is continuing to look for opportunities to increase efficiency.
These efforts enable the Department to maintain staffing levels, reduce equipment operations costs, and complete a higher volume of overlays throughout the city, improving the quality of transportation. With the volume of asphalt material that needs to be delivered during the overlay session and overlay preparations, staff sought quotes for services from local trucking companies for hauling services during the Fiscal Year 2024-2025.
Hauling Services Contractor Quoted Cost of Service
Mike Clark Trucking @ $128.00 /hr.
W.T.B., Inc. @ $160.00 /hr.
After reviewing the quotes received, staff recommends awarding Mike Clark Trucking as the lowest quote for the proposed scope of services. In the event of operational challenges, staff seeks authority from the City Council to utilize the additional contractor for the same service should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the order identified above. Funding for services will be made available from the Capital Improvement Projects Overlay Program funded by the Surface Transportation Program and Measure R Local funds.
RECOMMENDATION: That the City Council:
1. Authorize staff to utilize an annual hauling services contractor, Mike Clark Trucking, for the Fiscal Year 2024-2025;
2. Allow staff to substitute annual hauling contractor pending schedule conflicts as ranked by the quote for services;
3. Allow for fund expenditures as defined by the operation of services from the Capital Improvement Project List and Selfperformed Street Maintenance Overlay Program; and
4. Authorize payment of services upon satisfactory completion.
Item No. 12.
ATTACHMENTS: 1. MIKE CLARK HAULING QUOTE 24-25 FISCAL YEAR
2. WTB TRUCKING ANNUAL QUOTE 24-25 FISCAL
YEAR
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Mike Clark Trucking
19385 Ave. 144, Porterville Ca.
Fax (559)784-8832 Office (559)784-5486 Cell (559)359-9918 C. S. B. #1770985 CA. #304331
Date: April 25, 2024
To : City of Porterville
Attn: Joe Baeza
Trucking for
July 1, 2024- June 30, 2025
Fiscal Year
Aggregates out of Jaxson Baker or Delano Rock to City Yard Distribution and or Various sites throughout the city in Super 10, Transfers, Semi Bottoms and Double Bottoms
$128.00 per hour with 6 Hour Minimum
All other trucking transfers, double bottoms, Demo or Super 10 at $128.00 per hour. 6 Hour minimums. Billing will be sent out weekly, pay at net thirty days. B & P Code Section 7108.6, penalty by the Debtor to the Carrier of 1.5 percent of the amount due per month for every month payment is outstanding.
QUOTE GOOD FOR (3) THREE MONTHS FROM THIS DATE
S:\JOB QUOTES 2024\CITY OF PORTERVILLE ANNUAL HAULING.DOC Fax Cover Sheet
W.T.B., INC.
7093 W. BELMONT FRESNO, CALIFORNIA 93722
Ofc. (559) 275-1998 Fax (559) 275-1995
Caltrans
DBE CERTIFIED
51618
Supplier Clearinghouse
WBE CERTIFIED
VON: 19001483
DIR
1000512385
Send to: From:
Nick Young
Attention: Date:
May 16, 2024
Office Location: Office Location:
FRESNO, CA.
Fax Number: Phone Number:
(559) 275-1998
❑ Please Sign and Return
___________________________________________ Agent or Representative _______________________ Date
Total pages, including cover: 2
General Conditions: Unless otherwise specified a 6-hour day, and an 8-hour night/weekend minimum will be incurred on any trucking day, as well as an 8% increase on all rates for nights and weekends. On all night work there will be a 24-hour cancellation policy or an 8-hour minimum will be applied. There will also be a 10% increase for all rubberized asphalt in transfers. All tonnage quotes are per U.S. ton, based on full loads and direct routes to and from the jobsite and never will any averaging of standby be allowed. Standby will be assessed at the first point of arrival or delay due to the construction site (i.e., traffic control, detours, etc.) and will end when the truck is free and clear to return to the plant or point of origin without delay. If for any reason, there is a dispute over standby all tonnage prices will be reversed to hourly rates. If two or more trucks are sent back on standby and don’t receive a load there will be a return charge applied for each truck that does not receive a load. A fuel increase will be applied to all rates at 1% for every $0.10 increase once fuel goes over $6.50 per gallon.
For a current rate on fuel please refer to www.eia.gov on-highway retail diesel prices. All quotes including material subject to change without notice depending on material availability. Also, please note that material prices do not include material environmental fees. All individual quotes will be void if this quote is not used in its entirety. It will be the customer’s responsibility for any citations written for load showing or overloads from job site off hauls. Also, it is the customer’s responsibility to make WTB aware of any prevailing wage costs associated with the project. All trucking rates shown are “non-prevailing” unless specified. WTB will pass on the extra costs associated with prevailing wage to the customer. To ensure truck availability WTB requires a weekly estimate of trucks needed, with a minimum of 24-hour notice of confirmation for the scheduling of trucks. With the major shortage of trucks due to the new EPA state mandates, WTB will not be held liable for any shortages of trucks on any project. Please be advised WTB Inc. is a Vendor not a Sub Contractor.
Life of Quote: Unless otherwise specified herein this quote will be VOID 30 days after the noted bid date of WTB Inc. Due to material availability and price fluctuations all material prices will be VOID after 30 days.
Payment: All invoices shall be paid by the 20th of the following month. WTB Inc. is a Vendor-Supplier not a Sub Contractor, late payments will be assessed carrying charges at 1.5% compounded monthly on the outstanding balance. If a dispute arises between the parties, the prevailing party shall be entitled to recover attorney fees in addition to any other relief to which the party may be entitled.
Acceptance: Buyer shall SIGN and RETURN this quote sheet confirming “Special Conditions”, price and estimated delivery date, via fax or return mail. Failure to return a signed copy within 5 days after the start of quoted project constitutes complete and full acceptance.
S:\JOB QUOTES 2024\CITY OF PORTERVILLE ANNUAL HAULING.DOC City of Porterville, Cold Mix to Porterville Yard & Delivery to Various Locations For 2024-2025 Trucking Prices Only:
Day Hourly Rates:
Double Bottoms $160.00
Transfers $160.00
Super Dumps $160.00
End dumps $165.00
Demo 10’s: $165.00
10 Wheelers $155.00
Please Note:
~ Please let WTB know within 24 hours of bid time if you will be using our quote.
Item No. 13.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Asphalt Grinding Program for Fiscal Year 2024-2025 SOURCE: Public Works
COMMENT: Staff is seeking City Council authorization for the expenditure of funds to contract with a grinding contractor for annual services. Such a contract would secure pricing for services and would greatly improve the efficiency and quality of efforts for the Fiscal Year 2024-2025 overlay season. It is proposed that the grinding services consist of the milling of city streets, gutters edge, and the blending of existing asphalt during dig-outs and transitions through the project areas. The proposed services would help maintain or replace the asphalt with the proper thickness, which is critical for the longevity and durability of overlay projects.
With the utilization of a grinding contractor, City staff are capable of overlaying streets that have a lower than normal Pavement Condition Index (PCI) rating in lieu of complete reconstruction, resulting in a quality finished product.
Maintenance actions combined with this process would add years to the life of a street, and the cost savings could be used to further the City's Street Maintenance Program. It would further assist the Public Works Department in maintaining minimum staffing levels, reducing equipment operations/maintenance costs, and improving the quality of the finished overlay product.
Staff requested quotes for service from local contractors for service for the Fiscal Year 2024-2025:
Grinding Contractor Quoted Cost of
Service
Mobilization Fee
J. Mack Enterprises, Inc $4,000 @ 8hr Rental No Mobilization Fee Pavement Recycling Systems,
Inc.
$4,000 @ 8hr Rental $360 per day
After receiving quotes, staff's recommendation is to award J. Mack Enterprises Inc., as they were the lowest bidder for the proposed scope of services. In the event of operational challenges, staff also seeks authority from the Council to utilize the additional contractor for the same service should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the order identified above. Funding for an Annual Grinding Contractor has been programmed in the Capital Improvement Budget 2024-2025 in the amount of $75,000 from the Special Gas Tax Fund.
Item No. 13.
RECOMMENDATION: That the City Council:
1. Authorize staff to utilize annual grinding contractor J. Mack Enterprises, Inc. for Fiscal Year 2024-2025; and
2. Allow staff to substitute annual grinding contractor pending schedule conflicts as ranked by the quote for services.
ATTACHMENTS: 1. JMACK GRINDER QUOTE 2024-2025
2. PAVEMENT RECYCLING GRINDER WUOTE 2024-
2025
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Price Quotation
Date 4/24/2024
Bid # 5743
Job Location
City of Porterville
291 N. Main Street
Porterville, Ca. 93257
Grinding Rates
July 1, 2024 - July 1, 2025
P.O. Box 7600
Visalia CA 93290
Bid Date 4/24/2024
Attention: Joe
Phone (559) 622-9911
Fax (559) 622-9939
Phone (559) 782-7593
Fax
If a job is cancelled by a customer after J. Mack has been on jobsite, regardless of conditions, customer will assume responsibility for time incurred. ( minnimum 2 hour show-up)
17. The unit prices are quoted are for the estimated quantities set forth herin. The prices are subject to adjustment if the quantity of an item increases or decreases twenty percent (20%) or more from the estimate. Proposal is for Monday through Friday (Non Holiday) normal daytime hours.
It is our goal to offer quality work, with quality people, at competitive pricing. We THANK YOU for the opportunity to prove it.
License #877657
Certified Small Business
#1731864
5. Costs of repairs to damaged machinery due to hitting unmarked obstacles (i.e. water valves, manholes, buried steel or iron) will NOT be the responsiblity of the General Contractor.
6. All teeth over one complete set will be charged to the contractor. This applies to daily rental only.
7. Back charges to J. Mack on unit price projects must be communicated by the contractor in written form within 48 hours from the time of the occurrence. Back charges are limited to the daily rental rate of our machine. No back charges will be accepted on daily rate rental projects.
8.Unless agreed otherwise, payment is due and payable within 30 days of billing. California Prompt Payment laws shall also apply. Code Section 7108.5 - Prime contractor or subcontractor shall pay to any subcontractor, not later than 10 days after receipt of payment for that portion of work.
9. Items not specifically included within the quotation are considered excluded (Permits, Testing, Bonds).
10. If an Insurance Certificate requires a Waiver of Subrogation, an additional charge of $250.00 will be applied.
11. NO RETENTION to be withheld on rental rate work.
12. Retention on unit price work performed by J. Mack longer than 60 days after completion or acceptance of J. Mack's work.
13. Customer aknowledges the scope of J. Mack's work includes changing the elevation of the existing roadway. J. Mack will have no obligation of defense or indemnity arising of claims which are the result of J. Mack's normal construction activity.
14. J. Mack shall not be held liable for damage of property caused by unraveling of the milled surface after vthe contractor has reopened the milled roadway to public traffic.
15. Unless listed at bid time, price quotation is good for 30 days from date of bid.
16. If a job is cancelled by a customer after J. Mack's equipment and crew has been dispatched, regardless of conditions, customer will assume responsibility for all mobilization charges.
1. This bid is not divisible. All items in this quotation must be accepted for the prices set forth above to be effective. This quotation will be incorporated into the subcontract between the parties.
2. All areas to be ground shall be clearly marked by the General Contractor or Agency Represenative prior to commencement of grinding.
3. The above stated price does not include permits, bonds, state or local taxes.
4. USA notification is to be done by the General Contractor prior to commencement of work.
DIR #1000004036
Item Description
WE HAVE AVAILABLE A 4' MILLING MACHINE FOR A DAILY RENTAL RATE OF (0-8 HOURS) $4,000.00 PER REGULAR SHIFT
NOTE
INCLUDES Cut & load into your trucks, Grind A/C as directed Milling any concrete, Hauling, Sweeping, Traffic Control, Supplying water by truck, Layout, Handwork (Mini Grinder and/or Jack Hammer),Trimming trees/shrubs that may interfere w/milling process, Areas not accessible to our machine, Any specific gradation, Sawcutting
EXCLUDES -
To: Quote No: 24-06360
Fax:
Phone:
Bid Date: 5/9/2024
From: Abraham Perez Email: [email protected] 10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
CA License # 569352
OR License # 185556
DIR # 1000003363
UT License # 6982390-5501
ID License # 015231-AA-2
NV License # 0036228
AZ License # 183900
WA License # 602-840-640
Proposal and Contract
Pavement Recycling Systems, Inc.
Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
Item # Item Description Estimated Quantity Unit Unit Price Total Price City Of Porterville Quote
1 7' Milling Machine Rental First 4 Hours 1.00 LS $4,100.00 $4,100.00 2 7' Milling Machine Rental Day Rate 1.00 DY $5,100.00 $5,100.00 3 4' Milling Machine Rental First 4 Hours 1.00 LS $3,400.00 $3,400.00 4 4' Milling Machine Rental Day Rate 1.00 LS $4,000.00 $4,000.00 5 2' - 3' Milling Machine Rental First 4 Hours 1.00 LS $4,300.00 $4,300.00 6 2' - 3' Milling Machine Rental Day Rate 1.00 DY $4,900.00 $4,900.00 7 Skid Steer/Mini Milling Machine Rental First 4 Hours 1.00 LS $2,800.00 $2,800.00 8 Skid Steer/Mini Milling Machine Rental Day Rate 1.00 DY $3,200.00 $3,200.00 9 Mobilization Of Rental Equipment 1.00 EACH $360.00 $360.00 10 Pulverizer Rental First 4 Hours 1.00 LS $4,100.00 $4,100.00 11 Pulverizer Rental Day Rate 1.00 DY $5,100.00 $5,100.00 Terms and Conditions
• COLD MILLING RENTAL – STANDARD CONDITIONS
1) Item #1 includes: Provide One (1) 7' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $500/hr. will apply. 2) Item #2 includes: Provide One (1) 7' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $700/hr. will apply. After 10 hours for each shift worked premium rates will apply. 3) Item #3 includes: Provide One (1) 4' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $300/hr. will apply. 4) Item #4 includes: Provide One (1) 4' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $500/hr. will apply. After 10 hours for each shift worked premium rates will apply. 5) Item #5 includes: Provide One (1) 2' - 3' Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $300/hr. will apply. 6) Item #6 includes: Provide One (1) 2' - 3' Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $500/hr. will apply. After 10 hours for each shift worked premium rates will apply. 7) Item #7 includes: Provide One (1) Skid Steer/Mini Milling Machine operated and maintained for up to 4 hours per day or night shift. After the first 4 hours for each shift worked, the hourly rate of $200/hr. will apply. 8) Item #8 includes: Provide One (1) Skid Steer/Mini Milling Machine operated and maintained for up to 8 hours per day or night shift. After 8 hours for each shift worked, the hourly rate of $400/hr. will apply. After 10 hours for each shift worked premium rates will apply. 9) Item #9 includes: One (1) Mobilization for the move on and off the project. 10) Excludes: Saturday or Sunday work, Traffic control, water/water truck, hauling, sweeping, detailing/handwork, removal of pcc, survey/project layout, maintenance of the project.
11) All work is to be performed under the direct supervision and control of the customer. Customer accepts all liability for any claims arising from work performed as directed.
12) Price is good through December 31, 2024.
www.pavementrecycling.com
Abraham Perez
To: Quote No: 24-06360
Fax:
Phone:
Bid Date: 5/9/2024
From: Abraham Perez Email: [email protected] 10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
CA License # 569352
OR License # 185556
DIR # 1000003363
UT License # 6982390-5501
ID License # 015231-AA-2
NV License # 0036228
AZ License # 183900
WA License # 602-840-640
Proposal and Contract
Pavement Recycling Systems, Inc.
Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
• PULVERIZATION RENTAL– STANDARD CONDITIONS
1) Item #10 includes: One (1) pulverizer, operated and maintained at a lump sum price, based on a Four (4) hour shift. Additional hours after 4 to be billed $500/hour. Material to be left in place. The minimum width of cut is 8'. 2) Item #11 includes: One (1) pulverizer, operated and maintained at a lump sum price, based on an Eight (8) hour shift. Additional hours after 8 to be billed at $800/hour. More than 10 hours a day, or weekends, premium rates will apply. Material to be left in place. The minimum width of cut is 8'.
3) Item #9 includes: One (1) Mobilization for the move on and off the project. 4) All pulverizing equipment rental rate work is customers work and will be performed as directed and under supervision of customer. 5) Customer accepts all liability for claims arising from work performed as directed. GRADATION GUARANTEE IS SPECIFICALLY EXCLUDED. 6) Contractor to locate and mark any utilities/obstructions in and under the mixing area and remove as necessary. PRS is not responsible for damage to underground utilities in or under mixing area. Damage to our equipment to be billed at time and materials. 7) Excludes: Pulverizing AC pavement on PCC, CTB, rock larger than 3" or any asphalt thicker than 12" depth. Pavement to be ground must be scraped clean of all debris by the contractor. Traffic loops are to be sawcut in 2-foot intervals prior to pulverization. 8) Excludes: Barricades, traffic control, flagging, loading/hauling of material, cleanup, handwork, dust control, layout of work, pulling out areas inaccessible to equipment, SWPP, USA notification, marking or location of utilities - see "GENERAL CONDITIONS" 9) Price is good through December 31, 2024.
• GENERAL CONTRACT TERMS & CONDITIONS
· GC.01 ACCEPTANCE of this bid/proposal/quotation (Bid) from PAVEMENT RECYCLING SYSTEMS, INC. (PRS) requires that the PRICING, SPECIAL CONDITIONS and the GENERAL CONDITIONS of this Bid be included in any subcontract or purchase order agreement (Contract) and the Bid terms and conditions take precedence over any conflicting terms. · GC.02 PRS will not surrender any portion of extra work or force account mark-ups except those reserved by the owner for the General Contractor.
· GC.03 California prompt pay statutes shall be enforced. · GC.04 Unless otherwise defined in the SPECIAL CONDITIONS of this bid PRS excludes from the services quoted herein: MAINTENANCE AND PROTECTION OF THE MILLED SURFACE, TRAFFIC CONTROL, SURVEYING, LAYOUT, SAWCUTTING AND TEMPORARY TAPERS. · GC.05 Upon completion of each segment of the designated work by PRS the work shall be deemed accepted and approved and the Customer shall assume maintenance and protection of the work. · GC.06 All utilities, obstructions, and foreign objects in the work zone must be marked and located by the Customer prior to PRS's work.
PRS excludes any damage to unmarked or improperly located obstructions in the zone of work. PRS excludes notification to any underground alert service, marking or location of underground utilities. By accepting the Bid, the Customer accepts sole responsibility for, and all subsequent liabilities coincident with the following requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California Government Code. · GC.07 Any indemnity and defense obligation required from PRS shall be proportional and limited to the extent PRS's acts, omissions, fault or negligence contribute to any alleged or actual claims or damages. · GC.08 Insurance included in this Bid: Commercial Liability $2MM per occurrence / $4MM aggregate; $4MM Products and Completed Operations Aggregate; $2MM Personal and Advertising Injury; $2MM Commercial Auto; Worker's Compensation coverage per statute. · GC.09 Work performed under the terms of "Rental Agreements" are due 100% in-full on a Net 30 Day basis and are not subject to Retention or other withholds, unless otherwise agreed upon in writing. · GC.10 "Rental Agreements" are not subject to warranty, guarantees, backcharge, performance, claims, indemnification of Customer shall accept all liability for any claims arising from work being performed as directed. PRSI shall not be obligated to indemnify or defend Contractor with respect to the sole or active negligence, or willful misconduct, of Contractor, Owner, its agents, servants, or other indemnified parties. Subcontractor's indemnity and defense obligation shall be proportional to the extent Subcontractor's acts, omission, fault, or negligence contribute to any claims or damages. • All WRAP projects are NOT included in our insurance program and it is your responsibility to give us PRIOR to doing the work the enrollment and manual for any WRAP program that applies to the project.
www.pavementrecycling.com
Abraham Perez
To: Quote No: 24-06360
Fax:
Phone:
Bid Date: 5/9/2024
From: Abraham Perez Email: [email protected] 10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
CA License # 569352
OR License # 185556
DIR # 1000003363
UT License # 6982390-5501
ID License # 015231-AA-2
NV License # 0036228
AZ License # 183900
WA License # 602-840-640
Proposal and Contract
Pavement Recycling Systems, Inc.
Joe Baeza
City Of Porterville
555 N. Prospect
Porterville, CA 93257
[email protected]
95% Monthly Progress Estimate and Retention Withhold as permitted by Contract and State Law.
Notice "Under the Mechanics Lien Law (California Code of Civil Procedure, Section 1181 et seq.), any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer or supplier remains unpaid." Payment Terms
Date: Accepted By:
www.pavementrecycling.com
Abraham Perez
Item No. 14.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Street Striping Program for Fiscal Year 2024-2025 SOURCE: Public Works
COMMENT: The Public Works Department-Streets Maintenance Division is seeking authorization for the expenditure of funds for Annual Striping Services. Striping Services will consist of re-striping lane lines for arterial and collector streets throughout the city limits, in addition to the replacement of existing street markings after asphalt maintenance projects. City staff currently re-paint stop bars, stop legends, crosswalks, turn arrows, school legends, and school crosswalks. The City does not possess the equipment needed to maintain the existing travel lane lines; current efforts have been on an as-needed basis, dictated by overlay and street reconstruction projects, with a primary focus on implementing an aggressive road maintenance program.
The City's Street Maintenance Program, coupled with the re-striping of lane lines, is necessary for the visibility and safety of the traveling public and a requirement to keep traveling lane lines up to code with the Manual on Uniform Traffic Control Devices. Staff requested per linear feet quotes and services and received three quotes from surrounding area contractors for the Fiscal Year 2024-2025.
Striping Contractor Average Quote Per
Linear Feet
Mobilization
T&T Pavement Markings $0.27 Per Ft. $17,500
California Striping Inc. $0.35 Per Ft. $19,800
Womack Striping Inc. $0.37 Per Ft. $19,000
Services evaluated and included under the annual agreement are Mobilization, 4" edge line, 4" broken line, 8" single solid line, 4" two-way left turn, linear foot double yellow, linear foot bike lane, linear foot crosswalk removal, crosswalk thermoplastic, removal school xing legend, school xing thermoplastic, traffic control, and layout newly paved roads.
After reviewing the three quotes, staff's recommendation is to award T&T Pavement Markings as the lowest quote for the proposed scope of services. In light of operational challenges, staff would also request the City Council to authorize the ability to use all three striping contractors should scheduling conflicts occur based on the order of quoted services (listed above). Funding for an Annual Striping Program will be determined by the areas of disturbance and performance. Funding will be made available from the following sources; Item No. 14.
Surface Transportation Program funds, Measure I funds, and Measure R Local funds for the Fiscal Year 2024-2025 in accordance with Street Maintenance Operations, Capital Improvement Projects, and a Self-Performed Street Maintenance Program.
RECOMMENDATION: That the City Council:
1. Authorize staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year 2024-2025;
2. Allow staff to substitute striping contractors pending schedule conflicts as ranked by the quote for services;
3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance program; and
4. Authorize payment of services upon satisfactory completion.
ATTACHMENTS: 1. T&T_Pavement_Markings 2024-2025 ANNUAL
STRIPING
2. CALIFORNIA 2024-2025 ANNAUL STRIPING QUOTE
3. WOMACK 2024-2025 Annual Striping
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
PROPOSAL
DATE: 5/20/2024
PROPOSAL #: 24-258
CUSTOMER:
City of Porterville
291 N. Main St.
Porterville, CA 93257
PREVAILING:
PROJECT:
2024-2025 Annual Striping
Signature Date
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.
THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.
Qty Description Total
ALL STRIPING TO BE DONE IN 1 COAT OF PAINT EXCEPT FOR
LINE ITEM #10 & 11
LINE ITEM #1 - $17,500.00
Mobilization, Insurance
LINE ITEM #2 - $.27 per foot
Linear feet of 4'' edge line (detail 27b)
LINE ITEM #3 - $.23 per foot
Linear feet of 4'' broken line (detail 8), white or yellow LINE ITEM #4 - $.31 per foot
Linear feet of 8'' single solid line (detail 38a)
LINE ITEM #5 - $.44 per foot
Linear feet of 4'' two way left turn (detail 31)
LINE ITEM #6 - $.52 per foot
Linear feet of double yellow center line (detail 21) includes black highlight in middle
LINE ITEM #7 - $.26 per foot
Linear feet of bike lane (detail 39)
LINE ITEM #8 - $2.25 per foot
Linear feet of yellow crosswalk removal
PROPOSAL
DATE: 5/20/2024
PROPOSAL #: 24-258
CUSTOMER:
City of Porterville
291 N. Main St.
Porterville, CA 93257
PREVAILING:
PROJECT:
2024-2025 Annual Striping
Signature Date
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.
THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.
Qty Description Total
LINE ITEM #9 - $2.35 per foot
Install yellow crosswalk in thermoplastic (lf)
LINE ITEM #10 - $525.00 each
Removal of existing Slow School Xing legend
LINE ITEM #11 - $495.00 each
Installation of Slow School Xing legend in thermoplastic LINE ITEM #12 - $15,250.00
Traffic Control
LINE ITEM #13 - $.30 per foot
Layout and cat track newly paved roads prior to applying pavement stripes
_____________________________________
$0.00
CALIFORNIA STRIPING SERVICE, INC DATE: 5-20-24
6062 N. BETHEL CLOVIS, CA. 93619
559-325-2986/ FAX 559-325-6409
CELL 559-289-5133
TO: CITY OF PORTERVILLE
ATTN: JOE
RE: 2024-2025 ANNUAL STRIPING PROJECT
Scope of Work: One coat of paint for all items, except items 10&11 Item #1 MOBILIZATION =$19800.00
Item #2 Detail 27b =$.35lf.
Item #3 Detail 8 =$.30lf.
Item #4 Detail 38a =$.38lf.
Item #5 Detail 31 =$.52lf.
Item #6 Detail 21 =$.59lf.
Item #7 Detail 39 =$.34lf.
Item #8 Remove yellow x-walk =$2.50lf.
Item #9 Install yellow x-walk =$2.42lf.
Item #10 Remove Slow School Xing =$550.00ea.
Item #11 Install Slow School Xing =$510.00ea.
Item #12 Traffic Control =$15700.00
Item #13 Layout New A/C roads =$.38lf.
If you have any questions please give me a call.
Thank You,
Mark Sharer
ESTIMATE
Submitted To: City of Porterville
291 N. Main St. ATTENTION:
Porterville, CA 93257 PHONE:
FAX:
Cell:
Estimate's Date: 5/20/2024
J I
Job Name: 2024-2025 Annual Striping
O N
Location:
B F
Description of Work: Quantity Unit Rate Amount
Item #1: Mobilization + Insurance $19,000.00
Item #2: Detail 27B $0.37 per LF 0.00
Item #3: Detail 8 $0.33 per LF
Item #4: Detail 38A $0.41 per LF
Item #5: Detail 31 $0.54 per LF
Item #6: Detail 21 $0.62 per LF
Item #9: Yellow Thermoplastic Crosswalk $2.45 per LF
Item #10: School Xing Legend Removal $600.00 ea
Item #11: School Xing Legend Thermoplastic $600.00 ea
Item #12: Traffic Control $17,500.00
Item #13: Striping Layout $0.40 per LF
PREVAILING WAGES CERTIFIED PAYROLL SUBMITTALS
YES NO YES NO YES NO
SPECIAL NOTES: EA
PRICE:
Signed: Title:
Item #7: Detail 39 $0.36 per LF
Item #8: Crosswalk Removal $2.35 per LF
Item No. 15.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization to Negotiate a Consultant Contract - Transit Management, Operations, and Maintenance of Porterville Transit
SOURCE: Engineering and Project Management
COMMENT: At the City Council Meeting of April 16, 2024, the City Council authorized staff to advertise a Request for Proposals (RFP) for Transit Management, Operations, and Maintenance of Porterville Transit. In addition to managing, operating, and maintaining the Porterville Transit System (PT), the scope of services also includes managing, operating, and maintaining the facility, fleet vehicles, and buses provided by the City. The initial contract will be a five (5) year term.
On April 23, 2024, staff advertised the RFP on Public Purchase, the California Association for Coordinated Transportation (CALACT), and Transit Talent.
Public Purchase maintains one of the largest and most complete databases of government bid opportunities in the nation and is used by many cities in California. CALACT is a statewide, non-profit organization that has represented the interests of small, rural, and specialized transportation providers and has over 300 members comprised of transit operators and commercial vendors. The Transit Talent website is one of the most comprehensive career and procurement resource for the transit industry, making it a valuable resource for both transit agencies and industry vendors.
On April 30, 2024, an informational conference and facility tour was held at the City of Porterville Corporation Yard to allow interested vendors an opportunity to ask questions regarding the project and the RFP. SM Transit was the only vendor to attend the informational conference and facility tour.
Interested vendors were encouraged to submit any questions or items for clarification in writing through the Public Purchase website by May 14, 2024.
On May 16, 2024, Addendum #1 was issued to provide answers to clarifying questions and information related to the City’s transit fleet. SM Transit was the only vendor to submit any questions or items for clarification. As of May 20, 2024, a total of 16 parties had downloaded a copy of the RFP, which included six (6) qualified transit contractors (four (4) nationally recognized). Proposals were due by 4:00 p.m. on May 21, 2024, and the City received a single proposal from Tree's Sierra Management, Inc. of Porterville (dba SM Transit).
According to the FTA Procurement Circular 4220.1F, Chapter VI 3.i, if the City advertises a procurement and receives a single bid, the City is required to determine why the vendors that were solicited failed to respond. The City must contact them and document in the file as to the reasons they give for not bidding.
Item No. 15.
If the reasons given are within the City’s control; for example, a restrictive specification or other restrictions in the solicitation such as unreasonable delivery time, then the City has a sole source (non-competitive) situation that must be processed as a sole source, with the appropriate documentation and City approvals.
If the City finds that the specification was restrictive, then the City should revise the solicitation if possible to allow for competitive bids. If the City finds that the specification must remain as it is (restrictive of competition) then the City must explain why this is necessary.
However, if the reasons given by the non-bid vendors are beyond the City’s control; for example, they had other business priorities and chose not to bid for business reasons, then the City may conclude that the procurement is competitive, and the City does not have to process the award as a sole source. It is recommended that the City get the non-bid vendors to send the City an email or letter as to their reasons for not bidding so that the procurement file documents their reasons.
The evening of May 21, 2024, staff emailed each of the six (6) qualified transit contractors asking for a reason(s) they did not submit a proposal. As of May 28, 2024, staff received two (2) responses. The first contractor shared that they were actively working on SOQ's for other RFP's and did not have the staff available to complete one for the City of Porterville. The second firm felt that the ten (10) years of experience required in the RFP was too restrictive for their firm at this time, but they would continue to watch for opportunities with Porterville in the future; it is important to note that the RFP only required five (5) years of experience and not the ten (10) years the second firm stated in their email response.
Staff has determined that the City’s specifications and other terms and conditions were not restrictive, and factors other than the City’s solicitation were responsible for other vendors not bidding, the competition was adequate, and it is recommended the proposed award is a competitive award. As part of the contract negotiations, staff will be ensuring that a price analysis is completed that determines that the price is fair and reasonable based on the FTA Circular 4220.1F.
The selection of a contract operator for the City was based on a competitively negotiated method of procurement. Guidance from the Federal Transit Administration (FTA) defines this type of procurement as the most appropriate procurement method when: (1) price alone is not the determinant factor in selection, and (3) discussions are expected with prospective offers after proposal submission.
The base term of the contract resulting from this procurement will be a firmfixed-price for five years, commencing on July 1, 2024, and ending on June 30, 2029. The City, at its sole discretion, may exercise five additional periods of one year each. Price increases, if any, will be calculated by the California Consumer Item No. 15.
Price Index (CPI) and executed through an amendment to the contract.
In addition, it is worth noting that the general terms and conditions of the RFP required proposers to disclose any financial, business, or other relationship with the City that may have an impact on the outcome of the project and list all current clients who may have a financial interest in the outcome of the project.
As required by the RFP and FTA procurement requirements, SM Transit provided a disclosure that while SM Transit is owned and operated by family members related to the City’s Director of Transportation, and stating that the Director of Transportation has no financial interest in SM Transit. They also provided their organizational chart as further evidence of such.
Per State and Federal conflicts of interest regulations, certain local agency officers and employees are restricted from participating in the decisions making or administering a contract, with individuals/companies/vendors, if the officer or employee has a financial interest or relationship with the vendor. Under California law specifically, city officers and employees are considered presumptively to have a financial interest with regard to their spouses’ interests and dependent children’s interests, but not in their parents’ interests unless the officers and employees are themselves still dependents.
The City Director of Transportation has gone on record that SM Transit is owned and operated by a parent and a sibling, and has also provided that he does not have any financial interest in the contract and receives no financial benefit based on SM Transit’s operations, or its provision of services to the City. The Director did not participate in the development of the RFP, the review of the response received, or any recommendations related to selection or award, and the Director will not participate in contract negotiations with SM Transit.
To further protect the City from any potential or appearance of a conflict of interest should SM Transit be selected as the City’s vendor, the City’s organizational structure prevents the Director of Transportation from approving SM Transit’s invoices, or participating in any potential amendments to the contract. These authorizations and/or approvals are designated to the Assistant City Manager, Finance Director, and the City Council. Additionally, the City Attorney is requesting an opinion from the California Fair Political Practices Commission concerning any other required restrictions. The City has previously adopted conflict of interest policies (standards of conduct) related to Federally assisted programs and will be reviewing and updating said policies, if necessary, for City Council approval at its next meeting to ensure that said policies continue to meet requirements per the Code of Federal Regulations for governing the actions of employees engaged in the selection, award, and administration of contracts.
Staff finds that the qualifications and experience of SM Transit meets the requirements outlined in the RFP and recommends the City Council authorize the noted staff to commence negotiating a Service Agreement with them. Staff will seek Council approval of that Agreement at a later meeting.
Item No. 15.
RECOMMENDATION: That the City Council authorize staff to negotiate a scope of services contract with Tree's Sierra Managment, Inc (dba SM Transit) for the Transit Management, Operations, and
Maintenance of Porterville Transit.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 16.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Designation of Authority and Assigned Roles to the FTA TrAMS and ECHO Systems
SOURCE: Public Works
COMMENT: The Federal Transit Administration (FTA) as part of the U.S. Department of Transportation (DOT) provides financial assistance to develop new transit systems and improve, maintain, and operate existing systems. Financial assistance to states and local transit providers (referred to as recipients) is provided through federal grants and cooperative agreements. Recipients of these federal funds are responsible for managing their programs in accordance with federal requirements, and the FTA is responsible for ensuring that the recipients of these funds follow federal mandates along with statutory and administrative requirements.
The Transit Award Management System (TrAMS) is a web-based tool that was developed to allow recipients to apply for federal funds, manage their programs in accordance with federal requirements, and provide the FTA with a method to review, approve, control, and oversee the distribution of funds. The Electronic Clearing House Operation (ECHO)-Web is a web-based tool that was developed to allow recipients to request payments from their grant awards.
For TrAMS, each recipient organization must designate at least one User Manager who is responsible for assigning roles to each user within their organization. Recipient users will be assigned one or multiple roles. The following table lists the available user roles that may be assigned to recipient users and the system actions that these roles provide access to.
TrAMS User Role Available Actions
Read Only
• Search Applications/Awards
• Search Recipient Organizations
• Search FFR and MPR for
Review
• Search DBE Reports
• Search Budget Reports
User Manager
• FACES actions to create and
manage users
Item No. 16.
Submitter
• Create Application
• Submit and Transmit
Application
• Re-Submit Application
Developer
• Create Application
Official
• Executes grant/cooperative
agreements
• Certifies the annual
Certifications & Assurances
Attorney
• Prepares and submits/uploads
recipient legal documents
• Certifies the annual
Certification & Assurances
Civil Rights
• Updates Civil Rights program
compliance and documents
• Completes and submits DBE
reports.
FFR Reporter
• Prepares and submits Federal
Financial Reports
MPR Reporter
• Prepares and submits Milestone
Progress Reports
For ECHO-web, each recipient organization must assign roles to each user within their organization. Recipient users will be assigned one or multiple roles.
The following table lists the available user roles that may be assigned to recipient users and the system actions that these roles provide access to.
ECHO User Role Available Actions
Grantees
• The Grantee can request
payments and view payment
history.
• Each organization may have up
to two Grantee users.
Item No. 16.
Approving Official (AO)
• AOs receive email notifications
of payment requests from their
organization
• Each organization must have at
least one AO assigned to allow
grantees to submit payment
requests.
Read Only
• View payment history
It is staff's recommendation to designate the following authority and assigned roles for the FTA TrAMS and ECHO systems:
Name (Position) Role Task
Patrice Hildreth, City
Manager
Official
• Executes
grant/cooperative
agreements
• Certifies annual
Certifications &
Assurances
Julia Lew, Attorney Attorney
• Prepares and
submits recipient
legal documents
• Certifies annual
Certifications &
Assurances
Jason Ridenour, Deputy
City Manager
User Manager 1
• Adds, edits, or
removes roles and
privileges for the
organization's
users
• Edits agency point
of contact and
profile information
• Deactivates and
reactivates users
Michael Knight, Assistant
City Manager
User Manager 2
• Adds, edits, or
removes roles and
privileges for the
Item No. 16.
organization's
users
• Edits agency point
of contact and
profile information
• Deactivates and
reactivates users
Janie Rodriquez, Finance
Director
Approving Official
• Read Only
• Receives email
notifications of
Payment Requests
Richard Tree,
Transportation Director
Submitter
Civil Rights
FFR Reporter
MPR Reporter
• Creates
Applications
• Updates civil rights
program
compliance and
submits DBE
reports
• Prepares and
submits Federal
Financial Reports
• Prepares and
submits Milestone
Progress Reports
Trisha Whitely,
Acountant II
Grantee
• Request payments
and view payment
history
RECOMMENDATION: That the City Council adopt the draft resolution designating authority and assignment of roles to the FTA's TrAMS and ECHO-web systems.
ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Item No. 16.
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ______-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
DESIGNATION OF AUTHORITY AND ASSIGNMENT OF ROLES TO THE FEDERAL TRANSIT ADMINISTRATION’s TRAMS AND ECHO-WEB SYSTEMS
The City Council of the City of Porterville, an FTA recipient hereby consents to, adopts, and ratifies the following resolution:
WHEREAS, the Federal Transit Administration (FTA) as part of the U.S.
Department of Transportation (DOT) provides financial assistance to develop new transit systems and improve, maintain, and operate existing systems; WHEREAS, financial assistance to states and local transit providers (from here on referred to as recipients) is provided through federal grants and cooperative agreements; WHEREAS, the City of Porterville is a recipient of federal funding and is responsible for managing their programs in accordance with federal requirements, and the FTA is responsible for ensuring that the recipient of these funds follow federal mandates along with statutory and administrative requirements; WHEREAS, the Transit Award Management System (TrAMS) is a web-based tool that was developed to allow recipients to apply for federal funds, manage their programs in accordance with federal requirements, and provide the FTA with a method to review, approve, control, and oversee the distribution of funds; WHEREAS, the Electronic Clearing House Operation (ECHO)-Web is a webbased tool that was developed to allow recipients to request payments from their grant awards;
WHEREAS, the City of Porterville must designate authority and assign roles to users within its organization;
NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve and adopt the designation of authority to the following:
1. Patrice Hildreth, City Manager, is designated as the Official and is authorized to execute grant and cooperative agreements; certifies the annual Certifications & Assurances.
2. Julia Lew, Attorney, is designated as the Attorney and is authorized to prepare and submit recipient legal documents; certifies the annual Certifications & Assurances.
3. Jason Ridenour, Deputy City Manager, is designated as a User Manager and is authorized to add, edit, or remove roles and privileges for recipient users.
4. Michael Knight, Assistant City Manager, is designated as a User Manager and is authorized to add, edit, or remove roles and privileges for recipient users.
5. Janie Rodriquez, Finance Director, is designated as Approving Official and is authorized to view all payment request and payment reports.
6. Richard Tree, Transportation Director, is designated as Submitter, Civil Rights, FFR Reporter, and MPR Reporter and is authorized to create and submit applications; update civil rights program compliance and submits DBE reports; prepares and submits FFR and MPR reports.
7. Trisha Whitely, Accountant II, is designated as Grantee and is authorized to request payments and view payment history.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024. _____________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 17.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Certify Federal Fiscal Year 2024 Certifications and Assurances for FTA Assistance Programs
SOURCE: Public Works
COMMENT: The Federal Transit Administration (FTA), as part of receiving federal financial assistance, requires the City to certify that it will comply with the federal requirements outlined in the attached Federal Fiscal Year 2024 FTA Annual Certifications and Assurances.
Awards of FTA funding are subject to certain mandatory certifications on the part of the recipient. These certifications are required by statutes, regulations, and/or FTA or U.S. DOT policies. For the convenience of FTA’s recipients, FTA consolidates all required certifications into a single document called the Certifications and Assurances that each applicant must submit once annually in any fiscal year in which it will apply for a new award or an amendment to an existing award.
The Certifications and Assurances are grouped into several categories that broadly correspond with FTA’s funding programs or the activities to be undertaken in an award. For the applicant’s convenience, FTA’s Certifications and Assurances provide an option for the applicant to make all certifications at once, instead of selecting specific certifications. Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision.
RECOMMENDATION: That the City Council authorize the City Manager and Attorney to sign and certify the Federal Fiscal Year 2024 FTA Annual Certifications and Assurance.
ATTACHMENTS: 1. FFY 2024 FTA Annual Certifications and Assurances Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 17.
Certifications and Assurances Fiscal Year 2024
1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision.
Text in italic is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.
This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
Certifications and Assurances Fiscal Year 2024
2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 CFR Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.
Certifications and Assurances Fiscal Year 2024
3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Certifications and Assurances Fiscal Year 2024
4 animals held for research, teaching, or other activities supported by this award of assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
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5 1.3. Procurement.
The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.
The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
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6 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.
1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding.
The applicant certifies:
(a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
1.6. American Rescue Plan Act Funding.
The applicant certifies:
(a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d).
This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR § 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 U.S.C. § 5307) funding.
This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C.
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7 § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system.
If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives.
If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that:
(a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and
(b) Each Small Public Transportation Provider within the State that opts to use a Statedrafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. E, tit. VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Certifications and Assurances Fiscal Year 2024
8 Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status.
If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.
This certification is required by 49 CFR § 20.110 and app. A to that part.
This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.
4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Certifications and Assurances Fiscal Year 2024
9 contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference.
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10 5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
(1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).
The applicant certifies that it is in compliance with 49 CFR Part 625.
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11 CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7.
The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities; Certifications and Assurances Fiscal Year 2024
12 (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
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13 CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).
Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.
CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).
The applicant certifies that it:
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14 (a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.
If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.
Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9.
If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d).
The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.
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15 CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).
The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds.
The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625.
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16 If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1).
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).
Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655.
CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.
The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.
Certifications and Assurances Fiscal Year 2024
17 CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.
Certifications and Assurances Fiscal Year 2024
18 CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.
The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2).
CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS
FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).
Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing.
Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required.
FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Certifications and Assurances Fiscal Year 2024
19 Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan),
(3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas),
(5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service).
CATEGORY 21. EMERGENCY RELIEF PROGRAM.
An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program.
The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application.
Certifications and Assurances Fiscal Year 2024
1 FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______.
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs
City of Porterviile
X
Certifications and Assurances Fiscal Year 2024
2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Cybersecurity Certification for Rail Rolling Stock and Operations
20 Tribal Transit Programs
21 Emergency Relief Program
CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
AFFIRMATION OF APPLICANT
Name of the Applicant:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.
The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FTA during the federal fiscal year.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute City of Porterville
Certifications and Assurances Fiscal Year 2024
3 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.
Signature Date:
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):
As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.
I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.
Signature Date:
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.
Patrice Hildreth, City Manager
City of Porterville
Julia Lew, Attorney
Item No. 18.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization for City of Porterville Fire Department to Host Chief Fire Officer Series of Classes
SOURCE: Fire
COMMENT: The Fire Department has recently remodeled its training facility to align with the master plan to provide quality training to Department personnel and cooperating area providers. The Department has identified succession planning for its personnel as a priority, and we have determined the immediate need is for Chief Fire Officer training.
Mike Kraus is a recognized leader and instructor of State Fire Training Classes, with whom the department has contracted department programs previously.
Kraus regularly instructs Chief Fire Officer classes throughout the state and is recognized as an industry expert. Kraus is well-known and trusted in the fire industry and has trained several of Porterville Fire Department's current Chief Officers. Kraus led the Serious Accident Review Team (SART) investigation of the Library Fire and was also contracted for the department's Community Risk Reduction Survey/Standards of Coverage and Strategic Plan The Fire Department requests the authorization to contract Mike Kraus Leadership to present to the City of Porterville Fire Department the Chief Fire Officer series of classes 3A, 3B, 3C, and 3D from the State Fire Training Curriculum. The total cost of the class is not to exceed $35,000 including certificate costs for each class, with a maximum of 25 students per class. The initial cost of the class is $35,000; however, the Fire Department will make the class available to non-Porterville Fire Department personnel in addition to internal personnel. The tuition of non-Porterville Fire Department personnel is expected to recover a large portion of the cost. To continue to promote succession training, Porterville Fire Department personnel who meet the qualifications to attend the class will not be charged tuition. All other students will be charged tuition as part of the cost recovery to reduce the cost of providing our personnel with the much-needed training.
Funds for this class are available in the Fire Department's training expense budget.
RECOMMENDATION: That City Council authorize the City of Porterville Fire Department to contract with Mike Kraus Leadership to present the Chief Fire Officer series consisting of classes 3A, 3B, 3C, and 3D certified by Item No. 18.
California State Fire Training in an amount not to exceed $35,000.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization for Out of State Travel
SOURCE: Police
COMMENT: An Illicit Hazardous Environment State and Local Basic Technician (SLT) Course, presented by the Federal Drug Enforcement Administration (DEA), holds the finest Clandestine Laboratory training. This is a unique and specialized training that occurs only in Quantico, Virginia.
On average, the DEA allocates only about 30 spots for this training, which is attended by state and local law enforcement officers and DEA task force officers only, including numerous from out-of-state. The fight against narcotics and clandestine laboratories in our region is important, ongoing, and complex.
This one-of-a-kind, five-day training course, offers several specified classes for narcotics and task force officers to be certified in clandestine laboratory detection, investigation, clean up, and removal.
In addition to receiving the invaluable training, attendees will learn from peers and industry experts, network with other officers from their state and region, and see the latest methods to assist with clandestine laboratory investigations and removal.
Porterville Police Department currently has a detective who is a narcotics expert, assigned to the High Intensity Drug Trafficking Area (HIDTA) multiagency task force, which covers Tulare and Kings Counties. All but one HIDTA task force detective has attended this specialized training, and this task force is regularly called upon to investigate clandestine laboratories in Porterville and surrounding county areas. Although the Porterville Police Department must pay for travel expenses, the flight, per-diem for all meals, and hotel accommodations, these expenses are fully reimbursed by the DEA.
Currently, Quantico, Virginia, is the only location that offers this specialized training.
Pursuant to City policy, out-of-state travel by staff requires City Council approval. The police department is seeking approval to send a Porterville Police detective to the DEA training session, which is scheduled to take place from June 24-28, 2024.
RECOMMENDATION: That the City Council approve the out-of-state travel for a Porterville Police Detective to attend the Drug Enforcement Agency Illicit Hazardous Environment State and Local Basic Technician (SLT) Course in Quantico, Virginia.
ATTACHMENTS: 1. DEA Clan Lab training agenda
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
DEA Illicit Hazardous Environment
S&L Basic Technician Training Course
SLT # 419
June 24-28, 2024
Class Coordinator: SA Glenn Morales
1 MONDAY, JUNE 24, 2024
8:30 AM – 9:00 AM Welcoming Remarks & Administrative Matters DEA Staff 9:00 AM – 9:45 AM Introduction to IHEs (Roles & Responsibilities) Hazard3 Toxicology Hazard3
Chemical Hazards Hazard3
Lunch
Physical Hazards Hazard3
Drug Manufacturing Methods & Hazards Hazard3
Personal Protective Equipment (PPE) Hazard3
Air Monitoring and Practical Exercise Hazard3
Lunch
Identifying Unknowns with a TruNarc Hazard3
Chemical Handling Hazard3
Chemical Characterization Exercise Hazard3
9:45 AM – 10:45 AM
10:45 AM – 12:00 PM
12:00 PM – 1:00 PM
1:00 PM – 2:00 PM
2:00 PM – 5:00 PM
TUESDAY, JUNE 25, 2024
8:00 AM – 9:00 AM
9:00 AM – 12:45 PM
12:45 PM – 1:45 PM
1:45 PM – 2:45 PM
2:45 PM – 3:45 PM
3:45 PM – 5:00 PM
WEDNESDAY, JUNE 26, 2024
8:00 AM – 9:30AM First on-scene, Hazard Controls, Hazard3 Hazard Assessment & Field References
9:30 AM – 10:45AM IHE Phases & Site Control Hazard3
10:45 AM – 12:00 PM Respiratory Protection & Odor Threshold Hazard3 12:00 PM – 1:00 PM Lunch
1:00 PM – 2:00 PM SCBA / APR Donning and Doffing Hazard3 2 2:00 PM – 2:30 PM Fit Test MSA Facepiece Hazard3 (2)
2:30 PM – 3:30 PM Decontamination Hazard3
3:30 PM – 5:00 PM Donning / Doffing Level B with Decontamination Hazard3 (2) THURSDAY, JUNE 27, 2024
8:00 AM – 12:45 PM Practical Exercises (3 Rotations)
A) Assessments and Evidence Hazard3
B) Assessment Exercise TROI Staff
C) Level A PPE & Decontamination Hazard3
12:45 PM – 1:45 PM
1:45 PM – 3:30 PM
Lunch
Group A
ERG, SDS, and Sampling Liquids: Tools/Methods Hazard3
Group B
Field Operations Exercise Hazard3
Group A
Field Operations Exercise Hazard3
Group B
ERG, SDS, and Sampling Liquids: Tools/Methods NES
One Pot & FR Burn TROI Staff
Don & Doff FR PPE TROI Staff
PPE Sizing TROI Staff
DEA Hazardous Waste Program DEA, EMS HQ
Homemade Explosives (HME) FBI Explosives Unit
Lunch
Test TROI Staff
Grading and Test Review TROI Staff
1:45 PM – 3:30 PM
3:30 PM – 5:00 PM
3:30 PM – 5:00 PM
FRIDAY, JUNE 28, 2024
8:00 AM – 8:30 AM
8:30 AM – 9:15 AM
9:15 AM – 10:15 AM
10:15 AM – 11:00 AM
11:00 AM – 12:00 PM
12:00 PM – 1:00 PM
1:00 PM – 2:30 PM
2:30 PM – 4:00 PM
4:00 PM – 5:00 PM Evaluations Turn-in & Graduation TROI Staff Return Student Badges to the Security Desk prior to your departure.
Item No. 20.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Cooperative Agreement with California Highway Patrol for Use of the Police Firing Range
SOURCE: Police
COMMENT: The Porterville Police Department weapons range became operational in May 2011 for live fire training. Currently, the California Highway Patrol is under an agreement to utilize the range for training and qualifications of their personnel.
This agreement expires June 30, 2024. The Porterville Police Department and the California Highway Patrol would like to renew the agreement.
California Highway Patrol has agreed to pay a sum of $4,500 to the City of Porterville in compensation for facility usage, upkeep, and maintenance over the next three (3) years. This amount is based on their estimated use per year.
This agreement will be re-evaluated at the end of the agreement period.
RECOMMENDATION: That the City Council:
1. Approve the Agreement for the period of 07/01/24, thru 06/30/27; and
2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.
ATTACHMENTS: 1. CHP Range Agreement
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 21.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Joint Funding Agreement with Porterville Unified School District for School Resource Officers
SOURCE: Police
COMMENT: The Porterville Police Department currently has three (3) Police Officers assigned as School Resource Officers for the Porterville Unified School District. During school hours, these officers respond to reports of criminal activity at all school sites within the City of Porterville. In addition, these officers provide requested security for after-school functions throughout the school year, which is paid separately from the Joint Funding Agreement.
Porterville Unified School District has shared in the funding of three (3) School Resource Officers and has agreed to renew the Joint Funding Agreement in which they share costs.
The estimated salary and benefits cost for School Resource Officers during the term of the 2024-2025 school year is $115,000 per officer. Porterville Unified School District has agreed to pay 65% of the salary and benefits of three (3) School Resource Officers. Based on the formula above, for this term, the City shall contribute an estimated $153,500 for three (3) School Resource Officer positions assigned to the Porterville Unified School District. This represents 35% of the estimated salary and benefits costs for three (3) School Resource Officers, as well as an additional $40,000 in estimated ancillary costs.
Porterville Unified School District will contribute up to $214,500 for the three (3) School Resource Officers, which represents 65% of salary and benefits costs for the School Resource Officers.
Three School Resource Officers will generally be assigned to the Porterville Unified School District, with each officer generally responsible for each of the three major high schools and their respective feeder schools. These assignments will not preclude the ability of each Officer to respond to other areas as needed.
Department staff is requesting Council approval to enter into an agreement to continue the School Resource Officer program with Porterville Unified School District.
RECOMMENDATION: That the City Council:
1. Approve the Agreement for Joint Funding for School
Resource Officers with Porterville Unified School District for the period of July 1, 2024, through June 30, 2025; and
2. Authorize the Chief of Police to execute the agreements on behalf of the City of Porterville.
Item No. 21.
ATTACHMENTS: 1. Joint Funding Agreement PUSD
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 22.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Joint Funding Agreement Burton School District for a School Resource Officer SOURCE: Police
COMMENT: The Porterville Police Department currently has one (1) Police Officer assigned as School Resource Officer for the Burton School District. During school hours, the officer responds to reports of criminal activity at all school sites within the City of Porterville. In addition, the officer provides requested security for afterschool functions throughout the school year, which is paid separately from the Joint Funding Agreement. Burton School District has shared in the funding of the School Resource Officer and has agreed to renew the Joint Funding Agreement in which they share costs.
The estimated salary and benefit cost for the School Resource Officer during the term of the 2024-2025 school year is $115,000 per officer. Burton School District has agreed to pay 65% of the salary and benefits for one (1) School Resource Officer. Based on the formula above, for this term, the City shall contribute an estimated $52,000 for one (1) School Resource Officer position assigned to the Burton School District. This represents 35% of the estimated salary and benefits costs for one (1) School Resource Officer, as well as an additional $13,000 in estimated ancillary costs. Burton School District will contribute up to $75,000 for one (1) School Resource Officer, which represents 65% of salary and benefits costs for the School Resource Officers.
One School Resource Officer will generally be assigned to the Burton School District, with the officer generally responsible for all their respective schools.
This assignment will not preclude the ability of the Officer to respond to other areas as needed. Department staff is requesting Council approval to enter into an agreement to continue the School Resource Officer program with Burton School District.
RECOMMENDATION: That the City Council:
1. Approve the Agreement with Burton School District for Joint Funding for a School Resource Officer for the period of July 1, 2024, through June 30, 2025; and
2. Authorize the Chief of Police to execute the agreements on behalf of the City of Porterville.
ATTACHMENTS: 1. Joint Funding Agreement Burton School District Appropriated/Funded:
Item No. 22.
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 23.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Acceptance of Grant Deed by Donation for Real Property APN 259-040-047 from Smee Homes, Inc.
SOURCE: Community Development
COMMENT: City Council previously authorized staff to proceed with the negotiation of a donation of real property located at Assessor Parcel Number 259-040-047 from SMEE HOMES, INC. The property consists of approximately 18.76 acres of land north of the Tule River and south of River Springs Avenue, between Belmont and S. Fir Streets. The terms of the donation are outlined in the draft Agreement for Charitable Contribution of Real Property, which is provided herein, as is the draft Resolution for Council.
RECOMMENDATION: That the City Council adopt the draft resolution for the acceptance of the donation of APN 259-040-047, approve the Agreement for Charitable Contribution of Real Property, and authorize the Mayor and City Manager to sign all necessary documents to complete the acceptance of the donation of the property.
ATTACHMENTS: 1. Locator Map APN 259-040-047
2. Draft Resolution
3. Agreement for Charitable Contribution
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. _____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE ACCEPTING A GRANT DEED BY DONATION FOR
REAL PROPERTY APN 259-040-047 FROM SMEE HOMES, INC.
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed by donation from Smee Homes, Inc., for real property, in the County of Tulare, State of California, to-wit:
See Exhibit “A” attached hereto and made a part thereof.
BE IT FURTHER RESOLVED that the purchase price of $0 is hereby approved with the City to open escrow account, pay the normal and customary escrow fees, authorize Mayor to sign all necessary documents, and said deed to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
PASSED, APPROVED AND ADOPTED this 21st day of May, 2024.
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By:
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Form RW 6-1(G) Revised 3/02)
EXHIBIT “A”
Legal Description
Real property in the City of Porterville, County of Tulare, State of California, described as follows:
THE REMAINDER PARCEL OF SUMMIT ESTATES TWO, PHASE TWO, IN THE CITY
OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 44, PAGE 40 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 259-040-047-000 AND 259-370-058-000
DONATION AGREEMENT
This is a Donation Agreement (the “Donation Agreement”) for the real property located at Assessor’s Parcel Number (APN) 259-040-047 (“Property”), dated and effective as of this ____ day of __________________, 2024, between CITY OF PORTERVILLE, a municipal corporation (“Donee”) and SMEE HOMES, INC. (“Donor”).
RECITALS
This Donation Agreement is made and entered into with reference to the following:
A. Donor is the owner of the above-referenced property, more particularly described in Exhibit A, attached hereto and fully incorporated and made a part of this Agreement.
B. Donee desires to accept the Property from Donor without any representations or warranties whatsoever regarding the Property and on an “as is, where is” and “with all faults” basis, but subject to the satisfaction of the conditions set forth in this Agreement.
C. Donor desires to transfer the property to Donee for the purposes of the operation by Donee of a well site and storm drain basin (known as the Summit Estates Retention Basin),for the benefit of both parties. This transfer will satisfy and resolve any requirements of the Donor to enter into a purchase agreement to sell any portion of this property to the Donee in accordance with the conditions of approval of the applicable subdivision map.
AGREEMENT
1. DONATION.
1.1 Transfer. In consideration of the mutual benefits and obligations of the parties under this agreement, Donor agrees to donate the Property in fee simple to Donee, and Donee agrees to accept the Property from Donor under the terms and conditions of this agreement. Prior to completion of the transfer of the property, Donee shall perform all of Donee’s obligations hereunder including but not limited to the release and indemnity set forth in Section 2.2 of this Donation Agreement. The parties acknowledge that the Donor is required to complete a revegetation plan and associated improvements in order to fully meet the California Department of Fish and Wildlife’s (CDFW) storm drainage basin permit requirements, and completion of this work and approval of the work by Donee will occur and be approved by Donee, prior to acceptance by Donee of the property donation/transfer from Donor.
1.2 Closing Costs. The parties shall bear their own costs associated with the transfer of the Property, including but not limited to attorney’s fees, agents’ fees and recording costs (“Closing Costs”).
1.3 Title. Subject to the conditions set forth in this Agreement, Donor shall convey full and marketable fee simple Title of the Property to Donee, via a grant deed or its equivalent, and with the property being free and clear of any and all encumbrances and liens. Evidence of delivery of marketable fee simple title shall be the issuance of a CLTA Standard Coverage Policy of Title Insurance (1973) (the “Owner’s Policy”), at Donee’s cost and expense, insuring fee simple title to the Property in Donee, subject only to the exceptions set forth in the report of title. Donee, for its benefit and at its election, may elect to require Title Insurer to provide an ALTA policy of title insurance. Donor shall cause all monetary liens and mortgages recorded against the Property to be removed as a lien against the Property as of the Closing Date.
1.4 Further Assurances. Donee and Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and donation of the Property and shall use their best efforts to close in a timely manner.
2. ACKNOWLEDGMENTS, RELEASE AND INDEMNITY.
2.1 DONEE’S ACKNOWLEDGMENTS. Except for the conditions and requirements set forth in this Agreement, Donee acknowledges that donee is accepting the property solely in reliance on Donee’s own investigation, and the property is in “as is, where is” condition with all faults and defects, latent or otherwise. Donee expressly acknowledges that, in consideration of the agreement of Donor herein, and except as otherwise specified in this Agreement, Donor makes and has made no representations or warranties, express or implied, or arising by operation of law, including, but not limited to, any warranty as to condition, merchantability or fitness for a particular use or purpose, with respect to any property or any matter related thereto, or (without limitation) to any of the following matters:
(a) Soils, Etc. Soils, seismic, hydrological, geological and topographical conditions and configurations.
(b) Artifacts. Archeological, prehistoric and historic artifacts, remains and relics.
(c) Endangered Species. Endangered plant, animal and insect species.
(d) Hazardous Materials. Hazardous Materials and other
environmental conditions, including without limitation, lead-based paint, asbestos and mold.
(e) Physical Defects. Physical and mechanical defects in or on the Property, including without limitation, the plumbing, heating, air conditioning and electrical systems and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements.
(f) Land and Floor Area. The area of the land and the square footage contained in any buildings or improvements.
(g) Utilities, Schools, Etc. Availability of adequate utilities, water, schools, public access, and fire and police protection. (h) Assessment Districts. The status and nature of any assessment districts and the amount of any assessment liability.
(i) Planning and Zoning. Present, past or future conformity of the Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan.
2.2 RELEASE AND INDEMNITY.
(a) RELEASE. To the fullest extent permitted by law, Donee fully releases and discharges Donor from and relinquishes all rights, claims and actions that Donee may have or acquire against Donor which arise out of or are in any way connected with the condition of the property, including without limitation (a) any matter set forth in section 2.1 above, (b) the presence of hazardous materials on, under or about any property (including but not limited to any undiscovered hazardous materials located beneath the surface of the property) and (c) violations of any hazardous materials laws pertaining to the property or the activities thereon. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future.
(b) Notwithstanding subsection (a) above, and to the fullest extent permitted by law, Donor releases and discharges Donee from and liability and losses arising out of the sole negligence, recklessness and/or willful misconduct of Donor.
(b) MEANING. For purposes of this section 2.2, all references to “Donor” and “Donee” shall include: their officers, employees, agents, and contractors; and the heirs, successors, personal representatives and assigns of their officers, employees and agents.
(c) EFFECTIVENESS. The provisions of this section 2.2 shall be effective as of the closing date and shall survive the closing date or termination of this donation agreement.
3. GENERAL PROVISIONS.
3.1 Successors and Assigns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.
3.2 Entire Agreement. This Donation Agreement contains the entire agreement between the parties concerning the Donation and transfer of the Property, and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both Donor and Donee.
3.3 Time of Essence. Donor and Donee hereby acknowledge and agree that time is strictly of the essence with respect to each term and condition of this Donation Agreement and that the failure to timely perform any of the terms and conditions by either party shall constitute a breach and default under this Donation Agreement by the party failing to so perform.
3.4 Partial Invalidity. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement.
3.5 Governing Law. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located.
3.6 No Third Parties Benefits. No person other than Donor and Donee, and their permitted successors and assigns, shall have any right of action under this Donation Agreement.
3.7 Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision.
3.8 Captions. The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement.
3.9 Counterparts. To facilitate execution, this Donation Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages.
3.10 No Presumption. This Agreement reflects the contributions of both parties and accordingly the provisions of Civil Code section 1654 will not apply to address and interpret any uncertainty.
3.11 Venue. This Agreement is entered into and to be performed in Tulare County, California, and to the fullest extent permitted by the law the parties waive the right of removal provisions set forth in California Code of Civil Procedure Section 394.
3.12 Notice. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:
Donee: With A Copy To:
City of Porterville _______________
291 N. Main Street
Porterville, CA 93257
Phone No.: Phone No.:
Fax No.: Fax No.:
Donor:
Smee Homes, Inc.
Phone No.:
Fax No.:
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail will be deemed received on the fifth day after the date of mailing. Either party may change the above address or phone or fax number by giving written notice pursuant to this paragraph.
3.13 Exhibits and Recitals: The Recitals and the Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement. [Signatures on the next page]
DONEE:
CITY OF PORTERVILLE
Signature: ________________________
Print Name: _______________________
Title: _____________________________
_______________________
Approved as to Form
City Attorney
DONOR:
SMEE HOMES, INC.
Signature: _________________________
Print Name: ________________________
Title: ______________________________
__________________________
Approved as to Form
Counsel for Smee Homes, Inc.
EXHIBIT “A”
PROPERTY ADDRESS
LEGAL DESCRIPTION
APN: 259-040-047
Item No. 24.
CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Authorization of License Agreement for Porterville Armory SOURCE: City Manager's Office
COMMENT: At its meeting on May 16, 2023, the City Council approved a license agreement with the California Military Department for the use of the Porterville Armory, located at 29 N. Plano Street through May 4, 2024. Staff has been working with the California Military Department to enter into a new license agreement with a multiyear term. The California Military Department recently provided a new license agreement (attached) for the City of Porterville’s use of the Porterville Armory with a two (2) year term, ending May 4, 2026. The provisions of the new agreement are the same as the previously approved agreement, except for the length of the agreement and an automatic month-to-month provision after April 30, 2026.
RECOMMENDATION: That the City Council approve the license agreement with the California Military Department for the use of the Porterville Armory, and authorize the Mayor and City Manager to sign all necessary documents.
ATTACHMENTS: 1. Porterville Armory License Agreement
2. Locator Map Porterville Armory
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Deputy City Manager
Final Approver: Patrice Hildreth, City Manager
LICENSE NUMBER 24-06E05
LICENSE TO USE STATE MILITARY PROPERTY
BETWEEN
CALIFORNIA MILITARY DEPARTMENT
AND
The City of Porterville
FOR
USE OF READINESS CENTER IMPROVEMENTS AND GROUNDS
This AGREEMENT, dated for reference the 6th day of May 2024, by and between the California Military Department (CMD), hereinafter called STATE, and the City of Porterville, 291 North Main Street, Porterville, CA 93257, hereinafter called LICENSEE, without distinction as to number or gender, and effective upon execution by STATE.
STATE and LICENSEE are sometimes referred to individually as a “party” or collectively as the “parties”.
RECITALS
WHEREAS, the STATE has under its jurisdiction, certain real property known as the Porterville armory, located at 29 N. Plano St. Porterville, CA 93257, hereinafter called PREMISES, identified in Exhibit "B", consisting of one (1) page and attached hereto and incorporated herein by this reference.; and,
WHEREAS, it is essential that STATE have a secure facility and surrounding grounds; and,
WHEREAS, PREMISES may be made available to meet the needs of the local civil authority when not required to meet immediate operational requirements; NOW THEREFORE, STATE and LICENSEE agree as follows:
WITNESSETH
I. GENERAL PROVISIONS
1. AGREEMENT is for non-exclusive weekday or weekend use throughout the license term.
2. Upon declaration of emergency by the STATE or federal government, STATE reserves the right to reoccupy PREMISES, including all parking areas, with twenty-four (24) hours written or electronic (voice or email) notice to LICENSEE at the notification address/number below in Section III; “Notification”.