Porterville City Council
August 6, 2024

City Council Agenda August 6, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
AUGUST 6, 2024, 4:00 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
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of August 6, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85471617691?pwd=jIuex7WE1XLYvSIHLa8snbM0Ud9Gz2.1 Or via Telephone: 1-669-900-6833 Webinar ID: 854 7161 7691 Passcode: 533733 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 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-005. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Thomas J. and Deborah L. O'Sullivan Trust. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.95 – Liability Claim: Claimant: Connect - American Family Insurance as subrogee of Mark Alvarez. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Donald William McCarthy. Agency claimed against: City of Porterville. 4 - Government Code Section 54956.95 – Liability Claim: Claimant: Darleta Swearingen. Agency claimed against: City of Porterville.

City Council Agenda August 6, 2024

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three cases in which facts are not yet known to potential plaintiffs.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 7 - Government Code Section 54957 – Public Employment: City Manager. 5:00 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation

PRESENTATIONS
Employee of the Month - Larry Segovia

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time.

Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. Staff Informational Reports
Code Enforcement Quarterly Report
Building Permit Activity 4th Quarter Report FY 2023-2024 (April-June 2024) Street Performance Measure Quarterly Report FY 2023-2024 (April – June 2024)
Golf Course Quarterly Report FY 2023-2024 (April-June 2024) Community Development Block Grant Business Loan Update
Charitable Car Washes Quarterly Report Calendar Year 2024 City Council Member Appointments Attendance Quarterly Report FY 2023- 2024 (April - June 2024)
City Commission and Committee Attendance Quarterly Report FY 2023-2024 (April - June 2024)

CONSENT CALENDAR
City Council Agenda August 6, 2024

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. Approval of Draft Minutes of July 16, 2024
Re: Considering approval of the City Council draft Minutes of July 16, 2024.

2. Authorization to Purchase Trailer for Encampment Abatement Program Re: Consideration to authorize the purchase of a trailer for the encampment abatement program from Big Tex Trailer World for $12,389.31.

3. Authorization to Purchase Street Sweeper Blower Wheel Re: Consideration to authorize the purchase of a replacement blower wheel for a Street Sweeper from GCS Environmental at a cost not to exceed $8,233.

4. Authorization for Refuse Truck Engine Repair
Re: Considering approval of the refuse truck engine repair by Cummins Pacific at a cost not to exceed $34,675.

5. Request For Renewal of Accela PublicStuff One Year Contract Re: Consideration to authorize a one year contract renewal with Accela for the PublicStuff Pro Services.

6. Renewal of Annual Contract with Vector Solutions Scheduling Software Re: Consideration to approve the renewal and continued yearly contract with Vector Solutions Scheduling Software for the Fire Department at a cost of $5,605.20.

7. Authorization to Distribute a Request for Proposals for Fuel System Upgrades Re: Council to authorize staff to advertise Request for Proposals (RFP) for the Fuel System Project at an estimated project cost of $300,000.

8. Authorization to Distribute a Request for Proposals for Security Improvements Re: Council to authorize staff to advertise Request for Proposals (RFP) for the Security Improvement Project at an estimated project cost of $260,000.

9. Authorization to Distribute a Request for Proposals for Charging Station Replacement
Re: Council to authorize staff to advertise Request for Proposals (RFP) for the Charging Station Replacement Project at an estimated project cost of $1,585,000.

10. Authorization to Distribute a Request for Proposals for Renewable Natural Gas Supplier
Re: Council to approve the draft Request for Proposals for Renewable Natural Gas Supplier.

11. Authorization to Distribute a Request for Proposals for Compressed Natural Gas Fueling Station Maintenance Service
Re: Council to approve the draft Request for Proposals for Compressed Natural Gas Fueling Station Maintenance Service, and authorize staff to advertise for proposals on the project.

12. Award of Contract - Golf Course Management Services City Council Agenda August 6, 2024

Re: Considering negotiation of an agreement with Casey Butler, contingent upon the City Attorney's review, for a five-year contract under the terms defined in the agreement for golf course management services.

13. Acceptance of Project - Golf Course Driving Range Netting Project Re: Consideration to accept the Golf Course Driving Range Netting Project, located at 702 E Isham Ave, Porterville, CA 93257, as complete.

14. ESRI Maintenance Contract
Re: Considering renewal of annual maintenance agreement with the Environmental Systems Research Institute (ESRI).

15. Authorization to Negotiate Consultant Agreement – Active Transportation Plan
Re: Considering authorization to negotiate a consultant agreement with GHD, Inc. of Fresno, CA, for the development of an active transportation plan.

16. Approving a Resolution for FY 2023 Transportation Development Act (TDA) Claims
Re: Consideration to approve a draft resolution authorizing The Tulare County Regional Transit Agency to submit a FY 2023-24 Transportation Development Act (TDA) claim in the amounts of $991,292.10 in State Transit Assistance funds and $603,283 in Local Transportation Funds (LTF) based on their adopted FY 2023 budget; and the City of Porterville to submit a FY 2023-24 TDA claim for the remaining balance of LTF funds in the amount of $2,963,751.28.

17. General Plan Conformance APN 253-203-003
Re: Consideration to adopt the draft Resolution, detailing the results of its investigations pursuant to California Government Code Section 65402(b), and forward said resolution to the County of Tulare General Services Agency.

18. Participation in Kroger Opioid Settlement
Re: Consideration of participation in the Kroger Opioid Settlement.

19. Authorization to Roll Unpaid Utility Accounts to the 2024-2025 Property Tax Rolls
Re: Consideration to approve the draft resolution authorizing the Tulare County Auditor to place unpaid utility accounts on the 2024-2025 property tax rolls for collection.

20. Financial Status Reports
Re: Consideration to accept the preliminary financial status reports as of June 30, 2024, as presented.

21. Quarterly Investment Portfolio
Re: Considering acceptance of the Investment Portfolio Summary Report as of June 30, 2024.

22. 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.

City Council Agenda August 6, 2024

PUBLIC HEARINGS

23. Landscape and Lighting Maintenance Districts Annual Assessments Re: Pursuant to California Government Code Sections 54955 and 54955.1, staff requests that the City Council adjourn, or if applicable order the City Clerk to adjourn, the public hearing and consideration of this item to the Adjourned Regular Meeting to be held at 4:00 p.m. on Friday, August 9th, 2024, to conduct a Public Hearing on the 2024-2025 assessments for the Landscape and Lighting Maintenance Districts to take comments or receive protests on the proposed assessments; and to adopt the draft Resolution ordering the continued maintenance of Landscape and Lighting Maintenance Districts and confirming the Engineer's Report and Assessments for the 2024-2025 Fiscal Year.

24. Establishing the Annexation of Royal Oaks Phase 2 Landscape and Lighting Maintenance District into District 56
Re: Pursuant to California Government Code Sections 54955 and 54955.1, staff requests that the City Council adjourn, or if applicable, order the City Clerk to adjourn, the Public Hearing and consideration of this item to the Adjourned Regular Meeting to be held at 4:00 p.m. on Friday, August 9th, 2024, to conduct the Public Hearing to receive public comment on the Annexation of Royal Oaks Phase 2 Landscape and Lighting Maintenance District into District Number 56; and adopt the draft Resolution approving the Engineer's Report and assessment method.

SCHEDULED MATTERS

25. Approval of Amended FY 2024-25 Transit Division Budget, Program Of Projects, and TDA Claim
Re: Consideration to rescind Resolution 40-2024 for the FY 2024 TDA claim; approve the draft resolution adopting the amended FY 2024-25 Transit Division Budget and Program of Projects; and approve the draft resolution for the FY 2024 TDA claim.

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

1. Tulare County Task Force on Homelessness - July 17, 2024

2. Tulare County Economic Development Corp. (TCEDC) - July 24, 2024

3. Local Initiatives Navigation Center (LINC) Committee - July 24, 2024

4. Eastern Tule Groundwater Sustainability Agency (ETGSA) - August 1, 2024

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 5:00 p.m. will be considered at this time.

City Council Agenda August 6, 2024

ADJOURNMENT - to the Adjourned Regular Meeting of August 9th, at 4:00 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

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

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Code Enforcement Quarterly Report
SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between April 1, 2024 through June 30, 2024. During the 4th quarter of fiscal year 2023/2024, each department of the City contributed towards recording 880 code enforcement issues. Of these, 690 were corrected and 190 were continued into the 1st quarter of 2024/2025 for additional corrective action. The Code Enforcement Division issued 54 Administrative Citations.

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

During the past quarter, Code Enforcement received sixteen (16) complaints specific to recreational vehicles, boats, and trailers, of which eleven (11) had been completed at the time of this report.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Code Enforcement FY 23-24 Q4
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Patrice Hildreth, City Manager
Code Enforcement Report, Quarter 2, FY 22-23
Q4 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 49 23 46.94% $100 11 13 9 27 $6,000 Animals- agricultural animals 3 1 33.33% $200 3 4 4 3 $2,800 Animals- barking dogs 8 1 12.50% $500 8 12 6 14 $20,000 Animals- keeping too many or unauthorized species 3 2 66.67% $1,000 2 3 1 9 $15,000 Building Department/ Permits 14 2 14.29% $2,500 43 0 1 2 $115,000 CEO, Business License 6 5 83.33% FY 23-24 Total Assesment 67 32 21 55 $158,800 CEO, Shopping Carts 101 101 100.00%
CEO, Sign Removal 184 184 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total Code Enforcement, General 69 59 85.51% Collected 39 49 204 145 437 Community Development, General or MULTIPLE violations 4 0 0.00% Disposed (Lbs.) 0 0 0 0 0 Engineering 17 5 29.41%
Garbage Collection/ Illegal Dumping 24 15 62.50% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Graffiti 14 14 100.00% Voluntary Abatement 3 11 24 20 58 Health Hazard 4 1 25.00% Certified Voluntary Abatement 0 1 0 0 1 Itinerant Vendor, Solicitor, Peddler 20 19 95.00% Towed 5 1 3 4 13 Landscaping/trees- private property 16 3 18.75% Total Vehicles Abated 8 13 27 24 72 Meter Request 52 50 96.15%
Neglected property/trash & debris 5 2 40.00%
Outdoor Storage 5 2 40.00% Weed Abatement Q1 Q2 Q3 Q4 Total Parks 16 9 56.25% Properties Noticed 12 3 1329 169 1513 Police/ Traffic Enforcement 42 19 45.24% Completed by Owner 116 2 23 1,459 1600 Potholes 19 16 84.21% Assigned to Contractor (private) 0 0 1 4 5 Refuse Can Replacement / Repair 16 11 68.75% Assigned to Contractor (city owned) 0 0 0 0 0 Report Leak 39 36 92.31% Completed by Contractor 0 0 1 4 5 Sidewalk Condition 8 3 37.50% Admin Citations 0 3 5 15 23 Signs- In Public Right of Way 5 0 0.00%
Signs- Temporary 4 0 0.00%
Stop Light Issue 11 11 100.00%
Storm Water 2 2 100.00%
Vehicles- inoperable vehicles 7 5 71.43%
Vehicles- Parked on lawn 2 2 100.00%
Vehicles- RVs/boats/etc 16 11 68.75%
Water Waste 4 4 100.00%
Water Waste Admin Cite 3 3 100.00%
Water Waste NOV 19 19 100.00%
Weed Abatement 67 49 73.13%
Yard Sales, Frequent 2 1 50.00%
Q4 Total 880 690 62.08%
CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Building Permit Activity 4th Quarter Report FY 2023-2024 (April-June 2024) SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of April, May and June 2024. The two main categories include new residential permits issued and new commercial permits issued.

4th Quarter of FY 2022/2023 compared to 4th Quarter of FY 2023/2024 New residential permits issued during the 4th quarter of 2023/24 (23) showed a

27.78% increase from the 4th quarter of 2022/23 (18). New commercial permits issued during the 4th quarter of 2023/24 (0) showed no change from the 4th quarter of 2022/23 (0).

Year-to-Date (July 2023 to June 2024)
New residential permits issued this fiscal year (96) are up 21.52% compared to the same period last fiscal year (79). The number of commercial permits issued this fiscal year (5) is up 25% from the same period last fiscal year (4).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - April 2024

2. Building Permit Activity - May 2024

3. Building Permit Activity - June 2024
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Street Performance Measure Quarterly Report FY 2023-2024 (April – June 2024)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the fourth quarter of FY 2023-2024 (April-June 2024). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street overlay, street repairs, and pothole repair efforts during this fourth quarter reporting period. The Main Street Reconstruction Project, Phase 1 (Morton Avenue to Putnam Avenue) is complete. The Villa Street Reconstruction Project (Olive Avenue to Henderson Avenue) is currently under construction. The Main Street Reconstruction Project, Phase 2A (Putnam Avenue to Garden Avenue) has been awarded. The Newcomb Street Reconstruction (Olive Avenue to Porter Slough), Villa Street Reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue Rehabilitation (Westwood Street to Patsy Street), Union Avenue Reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) Reconstruction, Montgomery Avenue Reconstruction (Jaye Street to H Street), West Street Extension Improvements Project, and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) Widening are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2023-2024 Level of Service Progress Report 4th quarter

2. 2023-2024 Level of Service Progress Report 3rd quarter Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE
2023/2024 Level of Service Report 4th QUARTER REPORT - July 1, 2023 - June 30, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 22,402 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 23/24: 79,130 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 23/24: 90,742 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 6/30/2024
4th QUARTER REPORT - July 1, 2023 - June 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2023-2024\2023-2024 Level of Service Progress Report 4th quarter.xls

CITY OF PORTERVILLE
2023/2024 Level of Service Report 3rd QUARTER REPORT - July 1, 2023 - March 31, 2024 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction.(Length represents street lanes) 4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 23/24: 21,262 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF
6000 LF
10000 LF
14000 LF
18000 LF
22000 LF
26000 LF
30000 LF
34000 LF
38000 LF
42000 LF
48000 LF
52000 LF
Total FY 23/24: 52,716 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 23/24: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair(Each Square Represnts Approx. 250 Potholes Repaired) 2000 SF
4000 SF
6000 SF
8000 SF
10000 SF
12000 sf
14000 sf
16000 sf
18000 sf
20000 sf
22000 sf
24000 sf
Total FY 23/24: 54,925 Square Feet
Total annual effort in lineal feet or square footageCompleted as of 3/31/2024 3rd QUARTER REPORT - July 1, 2023 - March 31, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2023-2024\2023-2024 Level of Service Progress Report 3rd quarter.xls Item No.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Golf Course Quarterly Report FY 2023-2024 (April-June 2024) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes. The report reflects the Fourth Quarter FY 2023/24.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. 4th Quarter Golf Stats
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

PORTERVILLE GOLF COURSE STATISTICS
Apr-23 Apr-24 May-23 May-24 Jun-23 Jun-24
Golfers 1997 1304 2540 1072 2397 1431
Repeat 9/Twilight 1033 489 859 359 988 556
Tickets Used 768 559 1187 450 865 575
Passes Sold 27 33 35 43 61 30
Carts 909 485 1112 384 1037 619
Total $22,484.00 $15,477.00 $28,479.00 $14,183.00 $30,519.00 $17,788.00 * Repeat 9: Additional 9 rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole * Passes: Monthly Passes sold
*Special events- (2) glow ball tournaments; Junior golf clinic with parent/child tournament *Excessive heat was a contributing factor to the diminished numbers. *The driving range was also under construction adding new netting which also could have contributed to less play.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Community Development Block Grant Business Loan Update SOURCE: Community Development
COMMENT: A portion of the Community Development Block Grant (CDBG) funds received by the City of Porterville from the U.S. Department of Housing and Urban Development (HUD) is allocated for economic development purposes through the Business Assistance Program (BAP), which has four components: the Large Business Revolving Loan Fund Program, the Small Business Revolving Loan Fund Program, the Microenterprise Forgivable Loan Program and the CDBGCV Forgivable Business Loan Program. This report provides the City Council with an update regarding the status of these programs. For the year 2023-24, $143,117 was allocated to this Program.

The Business Assistance Program provides funding for projects that meet one of the three national CDBG objectives: 1) expanding economic opportunities, principally for low- and moderate-income persons; 2) aiding in the prevention or elimination of slums or blight; and 3) meeting community development needs that have a particular urgency. The BAP focuses on providing financial assistance to businesses, which will, in turn, create jobs while increasing the overall economic base of the community. Consistent with HUD’s guidelines, the BAP mandates the creation or retention of one (1) job for every $35,000 in assistance. It is important to note that jobs created must be made available to individuals through an open process and do not require the applicant to have prior training. Additionally, 51% of the jobs created or retained by each CDBGassisted business project must be filled by people of low- and moderate-income.

The objective of the City’s Revolving Loan Fund (RLF) Programs is to provide “gap” funding for businesses that are either starting or expanding in Porterville.

The Large Business RLF Program targets assistance with loans in excess of $50,000, is typically utilized by larger businesses, and requires Council approval for financing. The Small Business RLF Program provides funding assistance of $50,000 or less, typically assists smaller businesses, and is financed administratively.

The Large Business RLF Program currently has one (1) active loan with a total remaining balance of $20,032.47 and the available balance for lending is $15,285.36.

The Small Business RLF Program currently has three (3) active loans with a total remaining balance of $98,161.59 and the available balance for lending is $57,850.72. In 2023, one (1) small business loan was forgiven, two (2) were paid off, and three (3) are in repayment.

In response to the Coronavirus Pandemic (COVID-19), HUD granted the City of Porterville $882,536 in CDBG-CV funds to be used to Prevent, Prepare for, and Respond to COVID-19. Since the inception of the CDBG-CV Forgivable Business Loan Program, 17 forgivable loans have been approved for a total of $849,820.49. The current funds available are $48,438. The use of funds represents the creation of 22 full-time equivalent jobs and the retention of ten (10) full-time equivalent jobs. The minimum number of jobs required to be created by the program is ten (10). Several of the awarded businesses have expanded their operations after participating in the loan program, resulting in the hiring of additional employees that are not included in the count.

Additionally, on February 16, 2021, the City Council approved an amendment to allocate up to $200,000 of CDBG-CV funding specifically for Non-Profit Grants for operational support. In Program Year 2022, one (1) grant was issued in the amount of $175,000 and retained five (5) jobs. The inclusion of this grant brings the total of CV-assisted businesses to 18, $1,024,820.49, and 37 retained/created jobs. In Program Year 2023, two businesses expressed an interest in CV funds. However, there are currently no active applications.

The Microenterprise Forgivable Loan Program was launched with funding in the amount of $40,000 available to new or existing microenterprise owners who have low-to-moderate income and have no more than 5 employees, of which the owner(s) is/are included in the count. Applicants may request loans in the amount of $1,000 to $10,000. Eligible uses include funding for working capital, equipment, and inventory. In Program Year 2023, two (2) microloans were funded for a total of $20,000, and the available balance for lending is $20,000.

The information stated above reflects the status of the Business Assistance Program for the fiscal year ending on July 31, 2024, and also incorporates updates to loan balances as of the writing of this report.

RECOMMENDATION: Informational Item Only
ATTACHMENTS: 1. Business Loan Summary
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
Loan Recipient Loan Amount Year Issued Total Outstanding Balance Stafford's Chocolates (Large Business) $ 70,000.00 2017 $ 20,032.47 SRC Stoic Roofing Company $ 34,902.00 2020 $ 26,298.98
BLC Contracting $ 50,000.00 2022 $ 51,830.14
$ 154,902.00 LBA $ 20,032.47
SBA $ 78,129.12
Total $ 98,161.59
Loan Recipient Loan Amount Year Issued Total Outstanding Balance Socorro Ivett Gudino $ 10,000.00 2023 $ 10,155.05
Leticia Salas $ 10,000.00 2023 $ 10,219.33
$ 20,000.00 $ 20,374.38
Loan Recipient Year Issued
Randy's Italian Bistro (BAPCV001) 2020
Wink Boutique (BAPCV002) 2020
Living Water Clinic (BAPCV003) 2020
Wildflower Skin and Massage (BAPCV004) 2020
Hair Cuts Plus (BAPCV005) 2020
RJ's Café (BAPCV006) 2020
Storm Baby (BAPCV008) 2020
Galaxy Theatre (BAPCV009) 2020
Subway (BAPCV010) 2020
Spoons Frozen Yogurt (BAPCV013) 2020
Panaderia Los Trigales (BAPCV014) 2021
Fernandez Insurance Agency (BAPCV015) 2021
Smothermon Distribution (BAPCV16) 2021
Birria Y Pollo El Guero (BAPCV020) 2021
Alvarez Tax and Immigration Services (BAPCV022) 2022
The Anvil BBQ (BAPCV023) 2021
MS Construction (BAPCV024) 2023
Loan Recipient Year Issued
Central California Family Crisis (NPG2101) 2021

BUSINESS ASSISTANCE PROGRAM UPDATE
CDBG Business Assistance Program (RLF)
CDBG COVID-19 FORGIVABLE LOANS

CDBG CV NON PROFIT GRANTS
Loan Amount
$ 50,000.00
$ 50,000.00
$ 177,580.22
$ 15,642.00
$ 33,816.27
CDBG Microenterprise Loans
$ 49,938.00
$ 35,000.00
$ 47,844.00
$ 50,000.00
$ 50,000.00
$ 849,820.49
Grant Amount
$ 175,000.00
$ 175,000.00
$ 35,000.00
$ 35,000.00
$ 50,000.00
$ 35,000.00
$ 50,000.00
$ 50,000.00
$ 35,000.00
CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2024 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year. For the period of January 1 to June 30, 2024, the following car washes occurred within the city.

Date Name of Organization Location of Car Wash
3/30/24 Granite Hills High School
Cheerleading
Granite Hills High School - 1701 E.

Putnam Ave.
5/11/24 PHS Academy of Health &
Sciences
Porterville High School - 465 W. Olive
Ave
6/29/24 Victory Outreach Porterville State Farm Insurance - 1331 W. Olive Ave.

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

Review By:

Department Director:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The name and address of the permit holder;

2. The date for which the permit is valid;

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

4. A permit number; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2023- 2024 (April - June 2024)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents attendance at meetings during the third quarter of FY 2023-2024 (April through June 2024).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. FY 2023-24 4th Qtr Attendance Report
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
City Council Attendance - FY 2023-2024 Fourth Quarter Report April 1, 2024 through June 30, 2024
Committee/Board Member/Alternate April May June
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member
Kellie Carrillo - Member
Ad Hoc Committee - Military banner Kellie Carrillo 4/24 P Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member 6/25 P Regulation of Marijuana Raymond Beltran - Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 5/16 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member 5/15 P
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 4/4 P 5/23 P 6/6 P Sustainability Agency JPA (ETGSA) Asst City Manager Knight Flag Day Committee Greg Meister- Member 4/18 A 5/7 P & 5/21 P 6/11 P Internal City Audit Committee Martha Flores - Member 4/24 P 6/26 P Kellie Carrillo - Member
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Local Initiatives Navigation Center Committee
(LINC)
Raymond Beltran - Member 4/3 P 6/5 P & 6/12 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member
Greg Meister - Member
Porterville Area Development Authority (PADA) Don Weyhrauch - Member 4/5 P Raymond Beltran - Member 4/5 P
PDC Advisory Board Patrice Hildreth - Member
Martha Flores - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Martha Flores - Member 4/15 C 5/20 P 6/17 P
Greg Meister - Alternate
Tulare County Association of Governments (TCAG)
- Sustainable Corridors Committee
Martha Flores - Member
Deputy City Manager Ridenour 5/30 P
Tulare County City Selection Martha Flores -Member
Committee Designee - Alternate
Tulare County Economic Development Corporation
(TCEDC)
Martha Flores - Member 4/18 A 5/22 P 6/26 P
City Manager Hildreth
Tulare County Regional Transit Agency (TCRTA) Don Weyhrauch - Member 4/22 P 5/20 P 6/26 P Raymond Beltran - Alternate
City Manager Hildreth
Tulare County Taskforce on Homelessness Martha Flores - Member 4/17 P 5/15 P 6/19 C Claudia Calderon - Alternate
Tulare County Water Commission Martha Flores - Member 4/8 P 5/13 P 6/10 P Tule River Improvement JPA Don Weyhraruch - Member
Asst City Manager Knight
P = Present A = Absent C= Cancelled
Item No.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2023-2024 (April - June 2024)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the fourth quarter FY 2023-2024 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks and Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
Animal Control Commission As of June 30, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024
13-Jul 12-Oct 11-Jan 11-Apr Notes:

Kathy Guinn P A * P
Jerry Hall P P * P
Kat Harris P P * P
Shawn Schwartzenberger P A * P
Lacy Goodlett P P * A
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2022 2022 2022 2022 2022 2023 2023
May June July 11-Aug 13-Oct 12-Jan 13-Apr Notes:

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

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

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

Arts Commission As of June 30, 2024
Attendance Records
2023 2023 2024 2024 2024 2024 2024 2024
25-Jul 24-Oct 23-Jan 19-Apr 23-Apr
Kyree Perkins * * P P P
Emily Luna * * P P P
Maria Menga * * A A A
Dawn Bennett Vacated seat 7/23
Emilie Dummar * P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of June 30, 2024 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2024 2024 2024 2024 2024 2024 2024 2024 2024 2025
Apr May June July Aug Sept Oct Nov Dec Jan
P P
P P
P T
A P
P A
P P
P P
*Attended via Zoom as non-voting member.
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar

P P P P P P P
E Resigned 9/23

P P P P P P P

P P P P P P P

E P P P E E A

P P P P P P P

P P P P P P P

P P P P P
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

P P P P E P P P P P
P P E E E P P* A A P

P P P P P P P P P P

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

P P P P P P P P
*Attended via Zoom as non-voting member.
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July

P P P P P P P P

P P P P P P P P

P P P P P P P P

P E P E P P P P

P P P P P P P P

P P P E P P P P
P

P P P P P E P
Fernando Serrano
Sonya Lopez
Irene Ortega
Kim Baumgardner
Esther Figueroa
Edith LaVonne
Susan Uptain
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Irene Ortega
PARKS & LEISURE SERVICES COMMISSION As of June 30, 2024

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2023 2023 2023 2023 2023 2023 2024 2024 2024 2024 2024 2024 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P E A E
Diane Graybehl ** ** P P P P P P E P P **
Kieran Daly ** ** P E P E P P P P P **
** ** P P P P E P P P P **
** ** P A
** ** P P P P E P P A P **
** ** P P P P P P P P P **
Blaine Smotherman P P P P **
** ** A P P P P P P P P **
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

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

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

P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of June 30, 2024 Attendance Records
2024
28-May
Margaret Stinson P Apptd 05/21;Term exp 5/2028
John Billiou P Term expires 5/2026
Jerry Hall P Term expires 5/2026
Janice Kovars P Term ended
Shawn Byars P Term expires 5/2026
Joshua Sulier A Term ended
Angela Dennis A Term ended
Rae Dean Strawn A Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. P Apptd 05/21; Term exp 5/2028
* Meeting cancelled
2022 2022 2023 2023 2023 2023 2024
25-Aug 17-Nov 16-Feb 25-May 24-Aug 28-Nov 27-Feb
John Simonich P P A P P A P Resigned eff. 02/28/2024
Margaret Stinson P P P P P A P Term expires 5/2024
John Billiou P P A P P P A Term expires 5/2026
Jerry Hall P P P P P P P Term expires 5/2026
Janice Kovars P P P P P A P Term expires 5/2024
Shawn Byars P A P A P P P Term expires 5/2026
Joshua Sulier A P P P P P A Term expires 5/2024
Angela Dennis P A P A A P P Apptd 12/20; Term exp 5/2024 Rae Dean Strawn P P A P A P P Apptd 07/19; Term exp 5/2026 Robert K. Falls Sr. A P P P P A P Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of June 30, 2024 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 2/29/2024 Pat Contreras P P P P P
Linda Mendez P P P A P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A A
Isabel Olmos P P P
Rebecca Contreras P P P
Yalimar Garcia P P
Jacqueline Verduzco Alanis P P
* No meeting was held due to COVID.

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

Item No. 1.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Approval of Draft Minutes of July 16, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of July 16, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of July 16, 2024.

ATTACHMENTS: 1. Draft Minutes of 07-16-2024
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JULY 16, 2024, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Mayor Martha A. Flores

Absent: Vice Mayor Kellie Carrillo

ORAL COMMUNICATIONS
• Josh Flowers, Strathmore, recommended a cautious approach to the selection of a City Manager, advocating for the implementation of a salary survey before making any decisions.
• Ed McKervey, Porterville, indicated his belief that the selection process for a new City Manager should commence after the completion of the November elections. • AJ Rivas, Porterville, supports the conduction of a salary survey for the City Manager position.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-187-001. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Habitat for Humanity. Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Patrice Hildreth and Yuliana Andrade. Employee Organization:

Porterville Peace Officers Association.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Frederick Balangue. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Vanessa Sousa. Agency Claimed Against: City of Porterville.
5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to Potential Plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 7 - Government Code Section 54957 – Public Employment: City Manager.

6:32 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-3, and A-4, as follows:

A-3. On a MOTION made by Council Member Meister, and SECONDED by Council Member Beltran the City Council unanimously rejected the claim filed by Frederick Balangue.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 01-071624
Disposition: Claim rejected.

A-4. On a MOTION made by Council Member Weyhrauch, and SECONDED by Council Member Meister the City Council unanimously rejected the claim filed by Vanessa Sousa.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 02-071624
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Weyhrauch.

Invocation – a member of the public came forward and gave an invocation, and a moment of silence was observed.

PRESENTATIONS

Employee Service Awards
• Yuriko Velarde – 5 Years of Service
• Joshua Maniss – 10 Years of Service
• Alvaro Espinoza – 15 Years of Service
• Mark Azevedo – 20 Years of Service
• Carl Jordan – 25 Years of Service
Tulare County Economic Development Corporation – Year End Presentation General Plan – Environmental Justice and Health and Safety Elements

ORAL COMMUNICATIONS
• Ed McKervey, Porterville, emphasized that the city's ability to address Environmental Justice would be greatly enhanced upon the completion of the Tule River Parkway.

• Brock Neeley, Porterville, played an audio file from a public meeting that was conducted.
• John Duran, Porterville, expressed concern about the outdoor shower facilities at the Porterville Armory and mentioned the need to clean up trash at a location on Main Street.
• Santiago Martinez, Porterville, stated that the city needs to address the homeless situation.
• Ryan Leasure, Porterville, provided the Council with the Porterville Chamber of Commerce updates.
• Josh Flowers, Strathmore, spoke of his concerns for the well-being of the community.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - (Summer Hiatus)

2. Library & Literacy Commission - (Summer Hiatus)

3. Arts Commission – no report was provided.

4. Animal Control Commission - July 11, 2024 – no report was provided.

5. Youth Commission - (Summer Hiatus)

6. Transactions and Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1. Informational Report Regarding Fourth of July Fireworks Enforcement

2. Water Conservation Phase IV Status Update - June 2024

CONSENT CALENDAR
Item No. 19 was pulled for further discussion by Council Member Weyhrauch, and Item No. 36 was pulled by Council Member Meister. Mayor Flores reported conflicts of interest with Item No. 27, and Council Member Weyhrauch reported a conflict of interest with Item No. 29, all related to real property.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister that the City Council approve Items Nos. 1-18, and 20-35. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF JUNE 18, 2024
Recommendation: That the Council approve the draft Minutes of June 18, 2024.

Documentation: M.O. 03-071624
Disposition: Approved.

2. RATIFICATION OF EMERGENCY EXPENDITURE - AC UNIT -

SHERIFF DEPARTMENT AIRPORT HANGER
Recommendation: That the City Council ratify the emergency purchase of an AC unit in the amount of $10,700, plus any applicable sales tax, for the cityowned airport hanger occupied by the Sheriff Department.

Documentation: M.O. 04-071624
Disposition: Approved.

3. AUTHORIZATION TO REPLACE POLICE VEHICLE
Recommendation: That the City Council:

1. Authorize staff to purchase one police vehicle for $48,760.00; and

2. Authorize payment upon satisfactory delivery of the vehicle.

Documentation: M.O. 05-071624
Disposition: Approved.

4. PURCHASE OF POLICE VEHICLES - SPECIAL METHODS AND

RESOURCES TEAM
Recommendation: That the City Council;

1. Authorize staff to locate and negotiate for the purchase of three (3) 2024 Chevrolet Silverado Trucks and one (1) 2024 Chevrolet Tahoe up to a total cost not to exceed $240,000, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as upfit of emergency equipment.

Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase; and

2. Authorize Department staff to negotiate the purchase of four (4) APX 6500 unit radios from J's Communications for $22,216.62; and

3. Authorize Department staff to negotiate the purchase of four (4) Dell Latitude 7230 tablet MDT's from Dell for $15,462.40; and

4. Authorize Department staff to negotiate the upfit of the new vehicles by County of Tulare IT Radio Comm. for $39,867.62; and

5. Authorize payment to respective vendors upon receipt of listed equipment.

Documentation: M.O. 06-071624
Disposition: Approved.

5. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT -

AMMONIA/TKN ANALYZER
Recommendation: That the City Council:

1. Approve the purchase of an analyzer from Xylem Inc.& EZKem for an amount not to exceed $41,596.35, which includes the analyzer, installation, training, taxes, freight, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Xylem Inc.& EZKem for an amount not to exceed $41,596.35, which includes the analyzer, installation, training, taxes, freight, and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Xylem Inc.& EZKem upon receipt of an invoice approved by the Public Works Director.

Documentation: M.O. 07-071624
Disposition: Approved.

6. AUTHORIZATION TO PURCHASE COMPONENTS TO

REPAIR/UPGRADE THE TRAFFIC SIGNAL AT WESTWOOD STREET

AND OLIVE AVENUE
Recommendation: That the City Council:

1. Approve the purchase of video detection system components from Econolite for an amount not to exceed $57,074, which includes the components, taxes, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Econolite for an amount not to exceed $57,074, which includes the components, taxes, and a ten percent (10%) contingency; and

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

Documentation: M.O. 08-071624
Disposition: Approved.

7. AUTHORIZATION FOR REPAIR OF STREETS LOADER
Recommendation: That City Council:

1. Authorize loader H-frame replacement by Quinn Caterpillar at a cost not to exceed $37,914 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 09-071624
Disposition: Approved.

8. AUTHORIZATION TO REPAIR EFFLUENT OUTFALL LINE
Recommendation: That City Council:

1. Award the purchase of repair parts to Ferguson Waterworks for an amount not to exceed $12,201.37 which includes the parts, freight, taxes, and ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Ferguson Waterworks for an amount not to exceed $12,201.37 which includes parts, freight, taxes, and ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Ferguson Waterworks upon receipt of the invoice approved by the Public Works Director.

Documentation: M.O. 10-071624
Disposition: Approved.

9. AUTHORIZATION FOR WATER DEPARTMENT SERVICE TRUCK

ENGINE REPLACEMENT
Recommendation: That the City Council:

1. Authorize a service truck engine replacement by Porterville Automotive at a cost not to exceed $13,756 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment to Porterville Automotive upon satisfactory completion of said engine replacement.

Documentation: M.O. 11-071624

Disposition: Approved.

10. AUTHORIZATION TO UPGRADE SUPERVISORY CONTROL AND

DATA ACQUISITION EQUIPMENT
Recommendation: That the City Council:

1. Award the purchase of the SCADA upgrade to Telstar Instruments for an amount not to exceed $234,185, which includes software, parts, prevailing wage labor, freight, taxes, and ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Telstar Instruments for an amount not to exceed $234,185, which includes software, parts, prevailing wage labor, freight, taxes, and ten percent (10%) contingency; and

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

Documentation: M.O. 12-071624
Disposition: Approved.

11. AUTHORIZATION TO PURCHASE BY NEGOTIATION EQUIPMENT

SCHEDULED FOR REPLACEMENT
Recommendation: That the City Council authorize the purchase by negotiation of the equipment listed and authorize payment for said equipment upon satisfactory delivery.

Documentation: M.O. 13-071624
Disposition: Approved.

12. AUTHORIZATION TO PURCHASE MASTER METER 4G RADIO READ

WATER METERS
Recommendation: That the City Council authorize the Public Works Director to purchase miscellaneous new and replacement Master Meter 4G radio read water meters and meter registers from Hydro Pro Solutions during the 2024-2025 Fiscal Year at a not-to exceed amount of $100,000.

Documentation: M.O. 14-071624
Disposition: Approved.

13. AUTHORIZATION TO PURCHASE WATER SHARES OR SURFACE

WATER FOR GROUNDWATER RECHARGE

Recommendation: That the City Council authorize the Public Works Director, or the City Manager's designee, to purchase water shares or surface water during the 2024-2025 Fiscal Year up to $1,500,000.

Documentation: M.O. 15-071624
Disposition: Approved.

14. AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSAL FOR

SHORT-RANGE TRANSIT PLAN
Recommendation: That the City Council authorize staff to advertise an RFP for the 2025-2030 Short Range Transit Plan
Documentation: M.O. 16-071624
Disposition: Approved.

15. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) FOR CONTRACT PLANNING SERVICES
Recommendation: That the City Council authorize staff to distribute a Request for Proposals for contract planning services.

Documentation: M.O. 17-071624
Disposition: Approved.

16. AUTHORIZATION REQUEST FOR PROPOSALS - EMERGENCY

BOARD-UP SERVICE
Recommendation: That the City Council authorize staff to distribute a Request for Proposals for emergency property board up services.

Documentation: M.O. 18-071624
Disposition: Approved.

17. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR EXPANSION OF NAVIGATION CENTER
Recommendation: That the City Council authorize staff to distribute a Request for Proposals for a prefabricated dining and sanitation facility for the Porterville Navigation Center.

Documentation: M.O. 19-071624
Disposition: Approved.

18. AUTHORIZATION TO ADVERTISE FOR BIDS - BUTTERFIELD STAGE

CORRIDOR PROJECT
Recommendation: That the City Council:

1. Approve the staff's recommended Plans and Project Manual;

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

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04- 041922.

Documentation: M.O. 20-071624
Disposition: Approved.

20. AUTHORIZATION FOR ENGINEERING SERVICES - RECLAMATION

AREA MONITORING WELL EVALUATION AND REPLACEMENT WELL

INSTALLATION PLAN
Recommendation: That City Council:

1. Authorize the selection of Carollo Engineers to develop the Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan under the On-Call Engineering Services contract agreement for a sum not to exceed $38,478 inclusive of a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a purchase order to Carollo Engineers for a do not exceed amount of $38,478 inclusive of a ten percent (10%) contingency; and

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

Documentation: M.O. 21-071624
Disposition: Approved.

21. ACCEPTANCE OF PROJECT - FIRE STATION 72 CLASSROOM

REMODEL PROJECT
Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion by the City Clerk.

Documentation: M.O. 22-071624
Disposition: Approved.

22. APPROVAL OF RESOLUTION AUTHORIZING THE FILING OF

REGIONAL SURFACE TRANSPORTATION PROGRAM EXCHANGE
FUND CLAIM FOR THE FISCAL YEAR 2023-2024
Recommendation: That the City Council authorize and direct the Finance Director to sign and submit the Fiscal Year 2023-2024 Regional Surface Transportation Program (RSTP) Exchange funds claim to the Tulare County Association of Governments on behalf of the City in the amount of $389,025.

Documentation: Resolution No. 39-2024
Disposition: Approved.

23. APPROVING RESOLUTION FOR TRANSPORTATION
DEVELOPMENT ACT (TDA) CLAIM FY 2024
Recommendation: That the City Council approve the draft resolution for Transportation Development Act (TDA) claim for fiscal year 2024.

Documentation: Resolution No. 40-2024
Disposition: Approved.

24. RENEWAL OF HR TEST RENTAL AND USE AGREEMENT BETWEEN

CITY OF PORTERVILLE AND CPS HR CONSULTING
Recommendation: That the City Council authorize a two-year renewal of the Test Rental and Use Agreement with CPS HR Consulting, and authorize the Administrative Services Director to sign on behalf of the City.

Documentation: M.O. 23-071624
Disposition: Approved.

25. ACCEPTANCE OF THE UNIVERSITY OF CALIFORNIA, DAVIS,

GRANT FOR SPAY/NEUTER OF CATS AND DOGS
Recommendation: That the City Council accept the grant from the University of California, Davis, in the amount of $89,740.00.

Documentation: M.O. 24-071624
Disposition: Approved.

26. AUTHORIZING FY 2024 STATE OF GOOD REPAIR (SGR) PROJECT Recommendation: That the City Council adopt the draft resolution authorizing the Director of Transportation to execute for and on behalf of the City

any actions necessary for the purpose of obtaining SB1 State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation, for transit infrastructure repair and service improvements, continually until the end of the State of Good Repair program, and authorizing the Mayor to execute the Authorized Agent Form required under the program.

Documentation: Resolution No. 41-2024
Disposition: Approved.

27. SEWER UTILITY DISTRICTS ANNUAL ASSESSMENTS FISCAL
YEAR 2024-2025
Recommendation: That the City Council adopt the draft Resolutions ordering the continued sewer district assessments for the 2024-2025 Tax Year.

Documentation: Resolution No. 42-2024 (Area 455),
Resolution No. 43-2024 (Area 456),
Resolution No. 44-2024 (Area 458),
Resolution No. 45-2024 (Area 459)
Disposition: Approved.

28. CONSIDER RESOLUTIONS PERTAINING TO ENGINEER'S

REPORTS AND THE SETTING OF A PUBLIC HEARING FOR

INCLUSION WITHIN LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICTS FOR THE ESTABLISHMENT OF TAX ASSESSMENTS

FOR PARCELS WITHIN ROYAL OAKS PHASE TWO SUBDIVISION
Recommendation: That the City Council:

1. Adopt the draft Resolution ordering the proceedings for the annexation of Royal Oaks Phase 2 into Landscape and Lighting Maintenance District Number 56, and ordering the preparation of the Engineer's Reports; and

2. Adopt the draft Resolution giving preliminary approval to the Engineer's Reports; and

3. Adopt the draft Resolution declaring the intent to annex Royal Oaks Phase 2 into District 56, levy and collect assessments, and setting a Public Hearing for August 6, 2024.

Documentation: Resolution No. 46-2024, Resolution No. 47-2024, Resolution No. 48-2024
Disposition: Approved.

29. PRELIMINARY ANNUAL ENGINEER'S REPORT OF ASSESSMENTS

FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS AND

SETTING A PUBLIC HEARING
Recommendation: That the City Council:

1. Adopt the draft resolution ordering the preparation of an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2024-2025 Fiscal Year;

2. Adopt the draft resolution giving preliminary approval to the Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2024-2025 Fiscal Year;

3. Adopt the draft resolution declaring the intent to levy and collect assessments for the 2024-2025 Fiscal Year, and offering a time and place for hearing objections hereto; and

4. Schedule a Public Hearing for August 6, 2024, at 6:30 P.M., regarding the Engineer's Report and proposed assessment for the Landscape and Lighting Maintenance Districts for the 2024- 2025 Fiscal Year.

Documentation: Resolution No. 49-2024,
Resolution No. 50-2024,
Resolution No. 51-2024
Disposition: Approved.

30. AUTHORIZATION OF STREET CLOSURES FOR THE NATIONAL
NIGHT OUT COMMUNITY EVENT ON AUGUST 6, 2024
Recommendation: That the City Council authorize the closure of Main Street from Thurman Avenue to Putnam Avenue and adjacent side streets to the alleys from 3:00 P.M. to 10:00 P.M. for the National Night Out community event on August 6, 2024.

Documentation: M.O. 25-071624
Disposition: Approved.

31. AUTHORIZATION OF STREET CLOSURE FOR KJUG CONCERT
Recommendation: That the City Council authorize the street closures for the KJUG concert on a date to be determined.

Documentation: M.O. 26-071624
Disposition: Approved.

32. APPROVAL OF COMMUNITY CIVIC EVENT - AMERICAN
CONSERVATORY - ELITE NIGHT LIGHTS - AUGUST 2, 2024

Recommendation: That the City Council approve the Community Civic Event application from the American Conservatory on August 2, 2024, located in the parking lot behind Keller Williams Elite Realty, between Hockett Street and the alley, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 27-071624
Disposition: Approved.

33. APPROVAL OF COMMUNITY CIVIC EVENT - PARENTING
NETWORK - PORTERVILLE UNITED CAR SHOW - AUGUST 3, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Parenting Network on August 3, 2024, at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 28-071624
Disposition: Approved.

34. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE
BREAKFAST ROTARY - RUN FOR LIFE - SEPTEMBER 7, 2024
Recommendation: That the City Council approve the Community Civic Event application from Porterville Breakfast Rotary to hold the "Run for Life" event on September 7, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 29-071624
Disposition: Approved.

35. CONSIDERATION OF APPOINTMENT OF CALTIP BOARD MEMBER Recommendation: That the City Council:

1. Approve the draft resolution designating Transportation Director Richard Tree as the City's CalTIP Board Member, and Assistant City Manager Michael Knight and Administrative Services Director Yuliana Andrade as the Alternate Members; and

2. Authorize the Mayor to execute said Resolution for submission to CalTIP.

Documentation: Resolution No. 52-2024
Disposition: Approved.

SCHEDULED MATTERS

37. ADOPTION OF ANNUAL APPROPRIATION LIMIT
Recommendation: That the City Council approve the draft Resolution adopting the appropriation limit of $97,384,301 for the 2024-2025 Fiscal Year.

City Manager Hildreth introduced the item and Finance Director Janie Rodriguez presented the staff report.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council approve the draft resolution adopting the appropriation limit of $97,384,301 for the 2024-2025 Fiscal Year.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 53-2024
Disposition: Approved.

38. CONSIDERATION OF REQUEST BY TCAG FOR LETTER OF

SUPPORT OF CROSS VALLEY EXPRESS
Recommendation: That the City Council consider the request for a letter in support of TCAG's grant application to fund the implementation of the Cross Valley Express.

City Manager Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister that the City Council approved the request for a letter in support of TCAG's grant application to fund the implementation of the Cross Valley Express.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 30-071624
Disposition: Approved.

19. AUTHORIZATION TO AWARD CONTRACT - MAIN STREET
RECONSTRUCTION PROJECT, PHASE 2A (GARDEN AVENUE TO

PUTNAM AVENUE)
Recommendation: That City Council:

1. Award the Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue) to MAC General Engineering Inc. in the amount of $1,322,219.00;

2. Authorize progress payments up to one hundred percent (100%) of the contract amount;

3. Authorize a ten percent (10%) contingency to cover unforeseen costs;

4. Authorize an additional $132,221 for construction management, construction surveying, quality control and inspection services; and

5. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04- 041922.

City Manager Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council award the Main Street Reconstruction Project, Phase 2A to MAC General Engineering Inc. in the amount of $1,322,219.00.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 31-071624
Disposition: Approved.

36. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

City Manager Hildreth introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Mayor Flores that the City Council approve the continuance of the Declaration of Local Flood Emergency.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 32-071624
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Association of Governments (TCAG) / Tulare County Transportation Authority (TCTA) - June 17, 2024 (Report Continued) Mayor Flores reported the approval of minutes, adoption of resolutions, and several information reports.

2. Tulare County Taskforce on Homelessness - June 19, 2024 (Cancelled)

3. Cannabis Ad Hoc Committee - June 25, 2024
Council Member Weyhrauch gave an update regarding the evaluation of license statuses, a discussion pertaining to the Community Benefit program, and a report on tax revenue.

4. Tulare County Economic Development Corporation (TCEDC) - June 26, 2024 No report was given.

5. Tulare County Regional Transit Agency (TCRTA) - June 26, 2024 Council Member Weyhrauch provided an update on various topics, including discussions on loan repayments, Local Transportation Claims, and the resolution of outstanding issues related to the five-year allotment reconciliation.

6. Internal City Audit Committee - June 26, 2024
Mayor Flores provided an update on the approval of the Minutes and discussed the review process for the Community Civic Events.

7. Local Initiatives Navigation Center (LINC) Committee - July 10, 2024 Council Member Beltran provided updates on various items, which encompassed the approval of the Minutes, approval of the budget for the upcoming fiscal year, and deliberation on LINC events.

8. Tulare County Association Of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - July 15, 2024
No meeting was held, therefore no report was given.

9. Tulare County Regional Transit Agency (TCRTA) - July 15, 2024 No report was given.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, distributed handouts and provided recommendations regarding the implementation of the Non-Profit Grant program.

OTHER MATTERS
• Mayor Flores formally announced her decision not to seek reelection for the position of Council Member in the November 5, 2024 election. In her announcement, she urged potential candidates to engage in active campaigning with dignity, a sense of pride in their community, and the use of non-toxic language. • Council Member Beltran discussed the employee service awards and events he recently participated in, such as a ride along with the Fire Department and Freedom Fest. Additionally, Council Member Beltran addressed concerns raised by members of the public related to unhoused individuals.
• Council Member Weyhrauch discussed a recent conversation with a local business owner, ongoing trail maintenance efforts, and the established protocols governing flag presentations on city-owned structures, and touched on several items on the agenda.
• Council Member Meister expressed surprise at Mayor Flores' announcement and commended her leadership qualities. Council Member Meister also mentioned a conversation with Gene Day from the American Legion and requested the inclusion of an agenda item to deliberate on the broadcasting procedures with the American Legion for the Veterans Day Parade, and for the item to be placed as a Scheduled Matter at the August 20th, 2024, city council meeting. This matter is scheduled for discussion during the meeting on August 20th, 2024.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council approve Council Member Meister’s request to bring an item at the next Council meeting to discuss the broadcasting procedures for the Veterans Day Parade, with the American Legion.

AYES: Meister, Beltran, Weyrhauch, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 33-071624
Disposition: Approved.

Council Member Meister also addressed community concerns regarding homelessness and the accumulation of trash and debris, and encouraged the community to attend council meetings and voice their concerns on important matters.

• City Manager Hildreth reminded the community about the upcoming mattress disposal day.

CLOSED SESSION
The Council took a 10 minute recess at 9:05 p.m. and reconvened in Closed Session.

It was reported that no reportable action had taken place during Closed Session.

ADJOURNMENT
The Council adjourned at 10:06 p.m. to the meeting of August 6, 2024, at 4:00 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Authorization to Purchase Trailer for Encampment Abatement Program SOURCE: Parks and Leisure Services
COMMENT: During its adoption of the Fiscal Year 2024/25 budget, the City Council authorized staff to initiate an encampment abatement program administered by the City. The authorization included hiring one full-time Encampment Maintenance Worker, four part-time Encampment Maintenance Workers, and purchasing the necessary equipment to perform the related duties. One of those duties includes clean-up, transportation, and disposal of waste to properly clean and clear the encampment sites. Another duty includes removing and disposing of vegetation, in order to gain access to encampment sites, and raising trees and shrubbery to allow better visibility of sites post-encampment removal.

One key piece of equipment needed to perform these encampment-related duties is a trailer to load and haul all the debris off the site. Three (3) vendors were solicited to submit a quote. Of those, only one (1) was responsive, Big Tex Trailer World, with a quote of $12,389.31.

RECOMMENDATION: That the City Council authorize the purchase of a trailer for the encampment abatement program from Big Tex Trailer World for $12,389.31, as appropriated by previous Council action.

ATTACHMENTS: 1. Trailer Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

Item No. 3.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Authorization to Purchase Street Sweeper Blower Wheel SOURCE: Public Works
COMMENT: Vehicle #6685, a 2013 Freightliner/Tymco Street Sweeper, has experienced failure of the blower wheel. The blower wheel is a proprietary component which can only be purchased from a Tymco parts distribution center. This street sweeper has at least three years of expected service life remaining.

Staff is requesting authorization to purchase the blower wheel from GCS Environmental Equipment, as they are the nearest Tymco distribution center, at an estimated cost of $8,233 (inclusive of all parts, taxes, freight, and a 10% contingency). Funding is available in the Refuse Street Sweeping Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of a replacement blower wheel from GCS Environmental Equipment at a cost not to exceed $8,233 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment of invoice upon receipt of blower wheel.

ATTACHMENTS: 1. Blower Wheel Estimate
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 4.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Authorization for Refuse Truck Engine Repair
SOURCE: Public Works
COMMENT:

Vehicle No. 6691 is an active commercial refuse truck that has experienced significant engine wear to the cylinder liners and cylinder head which will require an engine rebuild. This vehicle is powered by a Cummins compressed natural gas (CNG) engine and must be repaired or replaced by a certified CNG service center. The truck has approximately three (3) years of remaining active service life.

Staff is requesting authorization to utilize Cummins Pacific, which is the nearest CNG engine service center, to perform the required engine repair at an estimated cost not to exceed $34,675 (inclusive of all parts, taxes, and labor, and a 10% contingency). Funds are available in the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize refuse truck engine overhaul by Cummins Pacific at a cost not to exceed $34,675 (inclusive of all parts, taxes, and labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. 6691 Overhaul Estimate
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
05-JUL-2024
6691
ISL G CM2180 PETERBILT
320(LCF)
02-NOV-2016
12-JUN-2024 3517.000
127479 / 1318
73964854

COMPLAINT
CAUSE

CORRECTION

COVERAGE

FREE GUARDIAN INSPECTION
1, MISFIRE CODES FOR CYLINDER 4 & 6.

NOTE: CUSTOMER REPLACED ALL PLUGS AND COILS TO INCLUDE SWAPPING TRANSFORMERS.

GUIDANZ- 00923238

FAILED CYLINDER HEAD AND LOW LINERS
OLD CAL- AW90043.24
NEW CAL- AW90043.26

THANK YOU FOR CHOOSING CUMMINS SALES AND SERVICE

CUSTOMER BILLABLE

IF ADDITIONAL PARTS OR LABOR ARE NEEDED A REVISED ESTIMATE WILL BE SENT

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Billing Inquiries? Call (877)480-6970
255161
228525
*** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
1 0.00
APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ DIAGNOSTIC CHARGE:

PAGE OF

INVOICE NO

BILL TO
OSN/MSN/VIN 3BP2X20X8HF108651 LICENSE 1469359
RAFAEL BAEZ - 559 7827597
Completion date : 12-Jun-2024 10:29AM. Estimate expires : 12-Jul-2024 07:01PM. 1 8
4 6
12 1
4 1
1 0
0 0
0 0
0 0
0 0

PAC, NG
P BL 1 S GN2 15W-40 BULK

NUT,REGULAR HEXAGON
SHIM

SCREW,HEX FLANGE HEAD CAP

KIT,MAIN BEARING
STUD

KIT,OVERHAUL

HEAD,CYLINDER
FLG

VALVOLINE
CECO
CECO
CECO
CECO
CECO
CECO
DRC

88.90 17.47

4.53 45.30

5.45 347.90

12.94 4,382.34
6,554.65

88.90 139.76

18.12 271.80

65.40 347.90

51.76 4,382.34
6,554.65
NG5900
V891001
3818824
3924445
3944593
3945917
5286984
5633625
5569421RX
ORDERED ITEM V891001 C1-VSD
2 TERMS AND CONDITIONS
These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement.

Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services.

If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services.

In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services.

Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins'
suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING,

INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement."
General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement.

If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control.

18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement.

These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 05-JUL-2024
6691
ISL G CM2180 PETERBILT
320(LCF)
02-NOV-2016
12-JUN-2024 3517.000
127479 / 1318
73964854

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
LOCAL
STATE
304.50
777.45
Billing Inquiries? Call (877)480-6970
30,440.22
31,522.17
1,081.95
255161
228525
*** CHARGE ***

ESTIMATE

FRESNO CA BRANCH
2755 S. CHERRY AVENUE
FRESNO, CA 93706-
2 APPENDIX A IS ATTACHED AND INCORPORATED HEREIN. IN APPENDIX A THERE ARE

ADDITIONAL CONTRACT TERMS AND CONDITIONS, INCLUDING LIMITATION ON

WARRANTIES AND LIABILITIES WHICH ARE EXPRESSIVELY INCORPORATED HEREIN AND

WHICH PURCHASER ACKNOWLDGES HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

BAR ARD Number: ARD00293082 EPA: CAL000430089
Remit to:

Cummins Sales and Service
PO Box 772639
Detroit, MI 48277-2639

TO PAY ONLINE LOGON TO
customerpayment.cummins.com
(559)274-4400
TOTAL AMOUNT: US $
AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________ SUB TOTAL:

TOTAL TAX:

PAGE OF

INVOICE NO

BILL TO
OSN/MSN/VIN 3BP2X20X8HF108651 LICENSE 1469359
RAFAEL BAEZ - 559 7827597
Completion date : 12-Jun-2024 10:29AM. Estimate expires : 12-Jul-2024 07:01PM. 1 -1
1 11
0 0
0 0

HEAD,CYLINDER

HEAD,CYLINDER

AIR FILTER

RED ANTIFREEZE BULK
CLEAN
DIRTY
P2-NSPART2
P2-OTHER
472.50
472.50
405.00

11.99 472.50
- 472.50
405.00
131.89
4933818D
4933818D

AIR FILTER
ZXEDRU1B

FREIGHT

MISCELLANEOUS
700.00
500.00
SURCHARGE TOTAL: 0.00
PARTS COVERAGE CREDIT:

LABOR COVERAGE CREDIT:

MISC. COVERAGE CREDIT:

TOTAL PARTS:

TOTAL LABOR:

TOTAL MISC.:
12,457.52
16,782.70
1,200.00

0.00 0.00

0.00 12,457.52
16,782.70
1,200.00
PARTS:

LABOR:

MISC.:

CR
CR
CR
2 TERMS AND CONDITIONS
These terms and conditions ('Terms and Conditions'), together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions represents that by its signing of this Agreement that the signer represents that he or she is duly authorized to enter into this Agreement. Further, Customer authorizes, if applicable, the performance of services and labor on Customer's vehicle and/or equipment as provided. This shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement.

Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website, vendor portal, or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, vendor portal terms, specifications, agreement (whether upstream or otherwise), or any terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction.

1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall supply part(s) and/or component(s) and/or engine(s) and/or generator set(s) (""Goods"") and/or perform the maintenance, troubleshooting, diagnostic testing, and/or repair (""Service(s)"") on the equipment identified in the Quote and/or Invoice (""Equipment""), if applicable, in accordance with the specifications in the Quote and/or Invoice. Unless otherwise agreed by the Parties in writing: (i) no additional services or goods are included in this Agreement; and (ii) this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ('Quote Validation Period'). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance.

2. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

3. INVOICING AND PAYMENT. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of Invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Goods and/or Services.

If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) suspend its Services and/or suspend delivery of any undelivered Goods or parts in Cummins' possession until payment for unpaid invoices is received. In the event that Cummins suspends its performance of Services due to Customer's breach or non-payment, then Cummins shall be entitled to an equitable extension of its delivery dates and/or schedule of Services for a period of time equal to the suspension period, plus a reasonable ramp up period and all costs (including default interest) caused by such suspension shall be assumed by Customer. Any dispute or claim Customer may have with or against Cummins' invoice, regarding the scope, quality or amount charged for any parts or services provided to Customer, must be asserted in writing and noticed pursuant to these Terms and Conditions within thirty (30) days of the date of the invoice, or shall be waived by the Customer.

4. TAXES; EXEMPTIONS. The Invoice includes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer under this Agreement. Customer must provide a valid tax exemption certificate or direct payment certificate prior to shipment of the Goods or performance of the Services, or such taxes will be included in the Invoice.

5. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin, freight prepaid to the first destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to freight carrier or to Customer at pickup at Cummins' facility. The purchase of Goods or the performance of Services on Equipment, Customer-owned motor vehicle, or any other personal property, is a 'take or pay' obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Goods, or any Services performed on Equipment, Customer-owned motor vehicle, or any other personal property, if delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services.

In the event Customer fails to pick-up Equipment, Customer-owned motor vehicle, or any other personal property, or fails to take any or all shipments of Goods ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall invoice the Customer and, upon Cummins' sole discretion, Cummins may either: (i) deliver the Goods or Equipment to the location indicated on Customer's purchase order (regardless of whether Customer elected to pick up the Goods or Equipment at Cummins' facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed sixty (60) days from the agreed upon delivery date or the date of completion of Services, unless otherwise agreed by Cummins in writing or required by law. A storage fee of twenty-five dollars ($25.00) per day or one and one-half percent (1.5%) per month of the invoiced amount, whichever is greater, shall be assessed for any Goods, Equipment, Customer-owned motor vehicle, or any other personal property, whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date or the date of completion of Services.

Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Goods, Equipment, Customer-owned motor vehicle, or any other personal property, are delayed, deferred, or refused by Customer beyond sixty (60) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Goods, Equipment, Customer-owned motor vehicle, or any other personal property, in accordance with applicable abandonment laws, and/or (ii) make the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Goods, Equipment, Customer-owned motor vehicle, or any other personal property, at Customer's sole cost and expense, and without any liability to Cummins.

6. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, embargos, wars, strikes or other labor disputes, civil commotion, terrorism, sabotage, late delivery by Cummins'
suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING,

INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE GOODS OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.

7. LIMITED WARRANTIES.

New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement.

Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply.

HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement."
General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (""Warrantable Defect""), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods.

Used Goods: Used Goods are sold ""as is, where is"" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase.

THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT

AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services and/or Goods supplied under this Agreement (collectively, the ""Claims""), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY

FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF

OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS? LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER?S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF GOODS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.

10. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the court of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement.

11. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

12. CANCELLATION; TERMINATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins. Cummins may terminate this Agreement, in whole or in part, for cause if the Customer breaches its obligations under this Agreement, and such breach is not cured within fifteen (15) days after written notice to Customer, or such longer time that Cummins may specify in its notice. Cummins may, at any time, terminate this Agreement for convenience upon thirty (30) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Goods or Services supplied under this Agreement, in accordance with the payment terms detailed in this Agreement.

If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.

13. REFUNDS; CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

14. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

15. COMPLIANCE WITH LAWS. Customer shall comply with all laws applicable to its activities under this Agreement, including without limitation, all applicable national, provincial, and local export, anti-bribery, environmental, health, and safety laws and regulations in effect. Customer acknowledges that the Goods, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Goods or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach.

16. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

17. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment ('Shipment Date') or, in the case of Services, the date of performance ('Performance Date'), due to economic and market conditions on the Shipment Date or Performance Date, whichever is applicable. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input cost (including without limitation, raw materials, fabrication components, direct or indirect materials, packaging materials, overhead, etc.) and labor cost changes and/or other unforeseen circumstances beyond Cummins' control.

18. MISCELLANEOUS. All notices, including but not limited to disputes of invoices or otherwise, under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote and/or Invoice. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter or the enforceability of the Agreement generally, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. The Parties' rights, remedies, and obligations under this Agreement, which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 9. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement.

These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Goods and/or Services pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof.

19. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract.

Item No. 5.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Request For Renewal of Accela PublicStuff One Year Contract SOURCE: City Manager's Office
COMMENT: At its meeting on August 6, 2013, in consideration of options for implementing a City mobile application and Citizen Relationship Management (CRM) system, the City Council authorized a one-year contract with Accela for the PublicStuff program for the development of the "myPorterville" mobile application. The City utilizes the PublicStuff program to receive code enforcement concerns from the community and to coordinate and track the applicable responses to the concerns from various departments within the City.

The current one-year contract with Accela will expire on September 16, 2024.

Given the community's positive response to myPorterville, as well as staff's utilization for coordinated Code Enforcement, it is recommended that the City enter into a one-year contract with Accela for the PublicStuff Pro application for the renewal price of $15,388.13.

Funding for the contract renewal will come out of the Community Promotions account.

RECOMMENDATION: That the City Council authorize a one year contract renewal with Accela for PublicStuff Pro Services to be used through the myPorterville mobile application.

ATTACHMENTS: 1. Accela Renewal Order Form
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 6.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Renewal of Annual Contract with Vector Solutions Scheduling Software SOURCE: Fire
COMMENT: The Fire Department has been utilizing Vector Solutions Scheduling Software for the past several years to assist in the efficient and effective scheduling of the department's workforce. The software has been an integral part of operations, assisting in managing shifts, tracking employee availability, and ensuring that there is the necessary coverage to meet the needs of the community.

The Vector Solutions Scheduling Software is essential to the operations division of the Fire Department. It provides the following benefits:
• Efficient Scheduling: Allows for seamless scheduling of shifts and management of employee availability.
• Improved Coverage: Ensures that we have adequate staffing at all times to meet the needs of our community.
• Streamlined Operations: Reduces administrative burden and increases efficiency in workforce management.

Given the growing demands of the department, it is imperative that the Fire Department utilize a software solution to maintain operational effectiveness.

The total cost for the renewal of the Vector Solutions Scheduling Software contract is $5,605.20. Funding for the software contract is available in the Fire Department's annual budget.

RECOMMENDATION: That the City Council approve the renewal and continued yearly contract with Vector Solutions Scheduling Software for the Fire Department in the amount of $5,605.20.

ATTACHMENTS: 1. Vector Solutions_Invoice_INV98525
Appropriated/Funded:

Review By:

Department Director:

Shannon Skiles, Deputy Fire Chief
Final Approver: Patrice Hildreth, City Manager
Item No. 6.

Invoice
#INV98525
TargetSolutions Learning LLC
4890 W. Kennedy Blvd.

Suite 300
Tampa, FL 33609
866-546-1212 Opt. 2
[email protected]
Doc Date:  6/26/2024
Invoice Date:  7/26/2024
Due Date: 8/25/2024
Upon expiration of the initial or any Renewal Term of your Client Agreement, access to the Services may remain active for thirty (30) days solely for purpose of Company's record keeping (the "Expiration Period"). Unless otherwise provided in your Client Agreement, any access to or usage of the Services following the Expiration Period shall be deemed Client's renewal of the Agreement under the same terms and conditions. 1 of 2
Bill To
Porterville Fire Department (CA)
40 W Cleveland Avenue
Porterville CA 93257
United States
Contract Customer ID Salesperson ID Payment Terms
0014100000i4ANlAAM Luke Lutz Net 30
Billing Frequency Billing Start Date Billing End Date PO # Annually 7/26/2024 7/25/2025
Qty Item Rate Amount
60 TSSCH - Vector Scheduling 93.42 $5,605.20
Subtotal $5,605.20
Tax (0%) $0.00
Total $5,605.20
Balance Due: $5,605.20
For U.S. customers, Vector is required to collect and remit sales tax in various jurisdictions. Exempt customers should send completed certificates to [email protected]
For a Copy of our W-9:  http://www.vectorsolutions.com/w9/TSw9-19.pdf Invoice
#INV98525
TargetSolutions Learning LLC
4890 W. Kennedy Blvd.

Suite 300
Tampa, FL 33609
866-546-1212 Opt. 2
[email protected]
Doc Date:  6/26/2024
Invoice Date:  7/26/2024
Due Date: 8/25/2024
Upon expiration of the initial or any Renewal Term of your Client Agreement, access to the Services may remain active for thirty (30) days solely for purpose of Company's record keeping (the "Expiration Period"). Unless otherwise provided in your Client Agreement, any access to or usage of the Services following the Expiration Period shall be deemed Client's renewal of the Agreement under the same terms and conditions. 2 of 2
Remittance Information:

Remit Checks To: Courier Deposits (FedEx, UPS, etc.): Electronic Transfers Only:

TARGET SOLUTIONS LEARNING
PO Box 736510
Dallas, TX 75373-6510
** Deposits received by courier may not post
same day **
JPMorgan Chase (TX1-0029)
Attn: Target Solutions Learning, LLC 736510
14800 Frye Road, 2nd Floor
Ft. Worth, TX 76155
JPMorgan Chase
Wire Instructions:

Routing # 021000021
Account # 789086375
SWIFT code CHASUS33
City and State New York, New York
ACH Instructions:

Routing # 072000326
Account # 789086375
If you would like to make a secure online payment via credit card or ACH please use the below link:

Pay Online Here
Item No. 7.

CITY COUNCIL AGENDA – AUGUST 6, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Fuel System Upgrades SOURCE: Public Works
COMMENT: A Request for Proposals (RFP) has been prepared for the Fuel System Upgrade Project. The project will include a turnkey Fuel Management System upgrade at each of the City's fueling sites. The primary goals of the project are to:
1) reduce labor managing legacy mag-strip cards,
2) reduce dependency on local computer hardware to run fuel management systems,
3) improve real-time monitoring of equipment,
4) improve customer service for public and private users, 5) improve reliability of fuel management system and equipment, 6) improve operations by integrating technology, and
7) replace outdated and end-of-life equipment.

The Independent Cost Estimate (ICE) for the project is $300,000. Funding is sourced from a Federal Transit Administration (FTA) grant amounting to $240,000. A local match of $60,000 is required, which will be covered by Local Transportation Funds (LTF). These funds have been appropriated in the FY 2024-2025 Budget. The negotiated contract will be brought back to the City Council for final approval.

RECOMMENDATION: That the City Council:

1. Approve the draft Request for Proposals;

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

3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.

ATTACHMENTS: 1. Draft Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 7.

CITY OF PORTERVILLE
REQUEST FOR PROPOSAL RFP No. XXXXX

FUEL SYSTEM UPGRADES
August 6, 2024
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.

The project is funded in part by the Federal Transit Administration Catalog of Federal Domestic Assistance (CFDA) 20.500 and 20.507. The City of Porterville reserves the right to reject any or all proposals.

City of Porterville
Fuel System Upgrades

CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. XXXXX

FUEL SYSTEM UPGRADES
SEALED PROPOSALS will be received by the Transportation Department located at 291 N. Main Street, Porterville, CA 93257, until 2:00 P.M. on Thursday, September 26, 2024, for the Contract to provide Fuel System Upgrades
A mandatory site visit is REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Richard Tree at (559) 782-7514 or [email protected]. The site visit will be concluded on September 21, 2024, at 10:00 am.

This contract is federally funded and as such, the Federal Requirements associated with the performance of services under this contract have been included with this RFP. The awarded Proposer will be responsible for adherence to all local, state, and federal requirements listed herein. These requirements are hereby incorporated into the subsequent contract arising from this RFP.

Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City.

All addenda and correspondence during the process will be handled electronically through the Public Purchase website.

The City has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville overall DBE goal is 1% of total contracts (including subcontracts) awarded.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice.

Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military or veteran status in any consideration leading to the award of contract.

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates:

City of Porterville
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Table of Contents
Section I - Instructions................................................................................................................................4 Section II – Standard Terms and Conditions.........................................................................................14 Section III – Special Terms and Conditions...........................................................................................26 Section IV – Insurance and Indemnification..........................................................................................36 Section V - SCOPE OF WORK...............................................................................................................40 Section VI – Federal Transit Administration (FTA) Terms and Conditions......................................46 Exhibit A – Required Forms....................................................................................................................72 Exhibit B – Sample General Services Agreement..................................................................................79 Attachment 1 .............................................................................................................................................88

City of Porterville
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Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public August 13, 2024
Required Site Tour Pre-Scheduled
Deadline to submit questions August 29, 2024
Proposal submittal deadline @ 2:00 pm PST September 26, 2024 Short list established and vendors notified October 3, 2024 Interviews/Presentation with short-listed vendors (if required) October 9, 2024 Award of Contract @ City Council Meeting October 15, 2024 Contract Begins November 1, 2024
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website.

Background
The City of Porterville (“CITY”) is located in Tulare County, which is part of the Central San Joaquin Valley of California. The San Joaquin Valley is a rich agricultural area and Tulare County is recognized as the largest agricultural-producing county in the world.

Porterville has a land area of approximately 14.3 square miles (9,161 acres), situated at the base of the foothills of the Sierra Nevada Mountain Range. It is approximately 30 miles southeast of Visalia (the County seat); 60 miles northeast of Bakersfield, 165 miles northeast of Los Angeles, and 254 miles southeast of San Francisco. State Routes 65 and 190 bisect the community.

The Porterville City Council is the policy-making body for the City of Porterville’s Transportation Department. It adopts the Short-Range Transit Plan, and through the annual budgetary process, establishes operational and funding levels for the system. The City Council also sets operational policies and parameters.

Management of the City’s public transportation system, referred to as Porterville Transit, is an integrated function of the City of Porterville. The Transportation department is responsible for the overall management of the service. The City is also responsible for the maintenance of the transit fleet, through its Field Services Division.

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The City outsources, to a private contractor, to perform daily operations of Porterville Transit. The Director of Transportation is responsible for the overall administration, planning, monitoring, and marketing of the system. The Director of Transportation also acts as a liaison to the Tulare County Association of Governments (TCAG), the California Department of Transportation (Caltrans) and the Federal Transit Administration (FTA). The contracted local General Manager is responsible for the day-to-day operations management; the hiring, testing, training and supervision of all drivers and dispatch staff; fare collection; reporting; ridership data collection; and the operation of Porterville Transit vehicles in accordance with City policy and all State and Federal regulations.

The County of Tulare contracts with the City of Porterville to provide transit service to unincorporated areas surrounding Porterville. The County reimburses the City for service provided to County residents using Local Transportation Funds (LTF).

Porterville Transit provides an array of transportation services in the form of fixed route bus services, ADA complementary paratransit, and innovative On-Demand services.

Preparation of Offer

1. Any person (“Proposer”) submitting a Proposal (“Proposal”) in response to this Request for Proposals (“RFP”) shall examine the Scope of Work carefully and be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract to the awarded under this RFP (the “Contract”). No allowances shall be made because of lack of knowledge of any specifications, conditions, or requirements of this RFP.

2. All forms provided must be completed and submitted with your Proposal.

3. It is permissible to copy submittal forms if necessary. Erasures, interlineations, or other modifications of the Proposal must be initialed in original ink by the authorized person signing the offer. No Proposal will be altered, amended, or withdrawn after the specified offer due date and time. The City is not responsible for Proposer’s errors or omissions.

4. All time periods stated as a number of days will be calendar days.

5. It is the responsibility of all Proposers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after due date and time. Proposers are strongly encouraged to:
1) Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

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2) Study and carefully correlate Proposer’s knowledge and observations with the RFP document and other related data.
3) Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which a proposer has discovered in or between the RFP document and such other related documents.
4) The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Proposer is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
5) Proposers are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Proposals offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. 6) Proposers’ responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products proposed. Proposals submitted without this product information may be considered as non-responsive and rejected.

The City will be the sole judge as to the acceptability of alternate products offered. 7) Prices shall be submitted on a per unit basis by line item, when applicable. Failure to submit any unit pricing will be sufficient grounds for the City to consider the proposal to be non-responsive. In the event of a disparity between the unit price and extended price, the unit price shall prevail unless obviously in error.

Exceptions
Proposer must not take any exceptions to any terms, conditions or material requirements of this solicitation. Proposals submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Proposals must conform to all the requirements specified in the solicitation. The City encourages Proposers to send inquiries to the procurement officer rather than including exceptions in their Proposal.

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Communications to City
All questions pertaining to this RFP, or any matters relating thereto the Scope of Work, or any questions pertaining to the RFP or RFP documents, shall be in writing and shall be submitted only through the Public Purchase website. Communications sent to any other person at the City or at any other address may, in the City’s sole discretion, be deemed to be "non-responsive" and the City in its discretion may elect to disregard any such questions. The City shall not respond to oral inquiries, and oral statements of any nature by the City or any of its representatives may not be relied upon for any purpose whatsoever.

Addenda
The City of Porterville will not be responsible for any oral instructions made by any employees or officers of the City of Porterville regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the offer submittal.

Business in California
The City will not enter contracts with Proposers (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of California, unless the proposer asserts a statutory exception prior to entering a contract with the City.

Licenses
If required by law for the operation of the business or work related to this Proposal, Proposer must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

Certification
By signing the Proposal, proposer certifies:
• The Proposer’s submission of the Proposal did not involve collusion or other anticompetitive practices • The Proposer shall not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
• The Proposer has not given, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal.

Minimum Qualifications
• Proposer must have been in operation a minimum of five years.

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Certificates of Insurance
Upon notification of a recommended award, the Proposer will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

Award of Contract
Unless otherwise indicated, award(s) will be made to the most responsive and responsible Proposer whose proposal, in the sole and absolute discretion of City, for providing the goods and/or services contained in this solicitation, who have demonstrated the ability to perform in an acceptable manner, and is most advantageous to the City.

Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

A response to a solicitation is a Proposal to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Proposals do not become contracts until they are executed by the Mayor. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual proposers or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated procurement officer) at a public meeting, posted under California Statutes, until the resulting contract(s) are awarded to all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Proposers may not discuss the solicitation with any City employees or evaluation panel members.

Proposers may discuss their proposal or the solicitation with the Mayor or one or more members of the Porterville City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

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With respect to the selection of the successful Proposals, the City Manager will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Proposer, regardless of whether the City responds to the contact. Proposers that violate this policy will be disqualified until the resulting contract(s) are awarded, or all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

Protest Process
In the event any person wishes to file a Protest regarding this RFP, such Protest shall be made in accordance with City’s FTA Procurement and Contract Administration Manual (which is available at www.ci.porterville.ca.us), the terms of which are hereby included herein by this reference. The City reserves the right to modify the terms of the protest procedure if it determines that such modification is in its best interest. Should there be any dispute between the City’s FTA Procurement and Contract Administration Manual and the provisions of this Section, the City in its discretion shall determine which provision governs.

By way of background, all Proposers understand and agree that the procurement process undertaken by virtue of this RFP is solely for the benefit of the City, and it is for the City to determine in its discretion which Proposal the City desires to accept. The City has provided for a Protest procedure not to grant any rights to any particular Proposer but, rather, to provide the City the opportunity to review and examine any information regarding any Proposal which it may not have fully evaluated. Thus, no Proposer has any legal right in connection with any Protest Proceeding and the City may, in its discretion, determine whether or not to reject any Protest.

In the event a Protest is rejected, the Proposer may appeal the rejection as set forth in the City’s FTA Procurement and Administration Manual or herein but, again, said appeal shall be decided by the City based upon what it determines to be in its best interest. As such, legal concepts (such as the California or Federal Rules of Civil Procedure and the Judicial Rules of Evidence) and other matters which may be applicable to judicial or other proceedings are not applicable to a Protest in accordance with the City’s FTA Procurement and Contract Administration Manual. In addition, the appeal process set forth in the City’s FTA Procurement and Contract Administration Manual

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is exclusive and upon the exhaustion of the appeal, no further appeal may be taken, or separate suit filed against the City.

By virtue of submitting its Proposal, any Protesting Party expressly agrees that its remedies are exclusively limited to the City’s Protest procedure set forth in the City’s FTA Procurement and Contract Administration Manual (as the same may be modified hereby) and that there shall be no appeal or litigation resulting from the final award of any Contract by the City. The foregoing is a material consideration in the consideration by the City of any Proposal.

Public Record
All Proposals submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to California State law. If a Proposer believes that a specific section of its Proposal response is confidential, the Proposer will isolate the pages marked confidential in a specific and clearly labeled section of its Proposal response. A Proposer may request specific information contained within its Proposal is treated by the Procurement Officer as confidential provided the Proposer clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Proposers as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Proposer in writing of any request to view any portion of its Proposal marked “confidential.” The Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Proposer does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

Right to Disqualify
The City reserves the right to disqualify any Proposer who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Proposer on the basis of any real or apparent conflict of interest that is disclosed by the Proposer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Proposer waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City of Porterville or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Proposer.

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Late Proposals
Late Proposals must be rejected, except for good cause. If a late Proposal is submitted, the Department will document the date and time of the submittal of the late Proposal, keep the Proposal and notify the Proposer that its Proposal was disqualified for being late.

Pre-Bid Meeting
A mandatory site visit is REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Richard Tree at (559) 782-7514 or [email protected]. The site visit will be concluded on the date indicated in Section 1 (“RFP Schedule”).

Contract Award
The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award contracts.

Determining Responsiveness and Responsibility
Proposals will be reviewed for documentation of any required minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Proposals will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Proposals will render a Proposal nonresponsive.

Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and a Proposal that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Proposer remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so in writing, the City may determine the Proposal to be nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Proposer be a responsible contractor. Responsibility includes the Proposer’s integrity, compliance with public policy, skill, capacity, experience, record of past performance, financial and technical resources, and facilities for conducting the work to be performed.

The Procurement Officer will review each Proposal to determine if the Proposer is responsible.

The City’s determination as to whether an Proposer is responsible will be based on all information furnished by the Proposer, interviews (if any), any information at the City’s request and information received from Proposer’s references, including information about Proposer’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other

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sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Proposal, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.

The Proposer’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such Proposal.

Clarifications
The City may request written clarifications for such purposes as information gathering or eliminating minor irregularities in offers. Clarifications shall not otherwise afford the Offerors the opportunity to alter or change their offers.

Detailed Evaluation of Proposals and Determination of Competitive Range During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Proposer’s rankings and which Proposals are within the Competitive Range, when appropriate.

Proposals Not Within The Competitive Range
The City may notify Proposers of Proposals that the City determined are not in the Competitive Range.

Discussions With Proposers In The Competitive Range
The City will notify each Proposer whose Proposal is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Proposer. Each Proposer so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Proposal. The Proposers in the competitive range may be required to provide a demonstration of their product.

Demonstrations - Proposers in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Porterville. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).

If a Proposal in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Proposer to remove the conditions, exceptions,

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reservations or understandings. If the Proposer fails to do so, the City may determine the Proposal is nonresponsive, and the City may revoke its determination that the Proposer is in the Competitive Range.

To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Proposer about other Proposals received in response to this solicitation. During discussions with Proposers in the Competitive Range, the City will not give Proposers specific prices or specific financial requirements that Proposers must meet to qualify for further consideration. The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Proposers will not be told of their relative rankings before Contract award.

Best and Final Offers (BAFO)
A BAFO is an option available for negotiations. Each Proposer in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Proposal and make one BAFO.

If a Proposer’s BAFO modifies its initial offer, the BAFO should include a “Change Log” identifying all modifications made to the Proposal. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Proposals. The City will adjust appropriately, at its sole discretion, the initial scores for criteria that have been affected by Proposal modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.

The Evaluation Panel will recommend the Proposal that is the most advantageous to the City based on the evaluation criteria.

The City reserves the right to make an award to a Proposer whose Proposal is the highest rated and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Offeror, without negotiations, and without soliciting BAFOs.

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Section II – Standard Terms and Conditions
Contract Interpretation
Applicable Law
This Contract will be governed by the law of the State of California, and suits pertaining to this Contract will be brought only in Federal or State courts in Tulare County, State of California.

Contract Order Of Precedence
In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:
• Federal Terms and Conditions
• Special Terms and Conditions
• Standard Terms and Conditions
• Amendments
• Scope of Work
• Specifications
• Attachments
• Exhibits
• Instructions to Contractors
• Other documents referenced or included in the RFP
Organization – Employment Disclaimer
The Agreement resulting hereunder is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons and will save and hold the City harmless with respect thereto.

Severability
The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

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Non-Waiver of Liability
The City of Porterville as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable California law.

Parol Evidence
This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

Contract Administration and Operation
Records
All books, accounts, reports, files, and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract.

Such records will be produced at a City of Porterville office as designated by the City.

Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements vendor has in place.

Discrimination Prohibited
Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The Contractor will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who

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may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts.

Equal Employment Opportunity and Pay
For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship.

The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts.

For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.

Documentation: Contractors may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.

Monitoring: The City shall monitor the employment policies and practices of Contractors subject to this article as deemed necessary. The City is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.

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Health, Environmental and Safety Requirements
The Contractor’s products, services and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City.

At the request of City representatives, the Contractor will provide the City:
• Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract.
• A list of all federal, state, or local (EPA, OSHA, Tulare County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.

The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this Agreement. The City further reserves the right to make unannounced inspections of the Contractor’s facilities (during normal business hours).

Compliance With Laws
Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance.

Because the Contractor will be acting as an independent Contractor, the City assumes no responsibility for the Contractor’s acts.

Continuation During Disputes
Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by a California Court of competent jurisdiction.

Emergency Purchases
The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.

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Costs and Payments
General
Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Proposal.

Payment Deduction Offset Provision
Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.

Late Submission of Claim By Contractor
The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued.

Discounts
Payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

No Advance Payment
Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received, unless addressed specifically in the Scope of work for subscription services.

Fund Appropriation Contingency
The Contractor recognizes that any agreement entered into will commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions.

The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City, which ends on June 30th of each year, will be subject to the approval of the budget of the City providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.

Maximum Prices
The City will not be invoiced at prices higher than those stated in any contract resulting from this Proposal. Contractor certifies, by signing this Proposal that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions,

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as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Proposal and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions.

F.O.B Point
All prices are to be quoted F.O.B. destination, unless specified elsewhere in this solicitation.

Contract Changes
Contract Amendments
Contracts will be modified only by a written contract amendment signed persons duly authorized to enter into contracts on behalf of the Contractor. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the contract, will affect or modify any of the terms or obligations contained or to be contained in the contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties.

Assignment – Delegation
No right or interest in this contract nor monies due hereunder will be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor will be made without prior written permission of the City, which may be withheld for good cause. Any assignment or delegation made in violation of this section will be void.

Non-Exclusive Contract
Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary.

Risk of Loss and Liability
Title and Risk of Loss
The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.

Acceptance
All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor.

Noncompliance will conform to the cancellation clause set forth in this document.

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Force Majeure
Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition.

If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.

Loss of Materials
The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the project manager.

Contract Performance
Contractor will furnish all necessary labor, tools, equipment, permitting, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor.

The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default.

Damage to City Property
Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City.

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Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.

City’s Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made, and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.

Non-Exclusive Remedies
The rights and remedies of the City under this Contract are non-exclusive.

Default In One Installment To Constitute Breach
Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.

On Time Delivery
Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.

Default
In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the bid and/or performance bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.

Covenant Against Contingent Fees
Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.

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Cost Justification
In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Proposal price is fair and reasonable.

Work Product, Equipment and Materials
All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract.

Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this contract that are “works for hire” within the meaning of the copyright laws of the United States, including any right to derivative use of the material.

Contract Termination
Gratuities
The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

Conditions and Causes for Termination
This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Contractor will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.

The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
• In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
• In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;

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• In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality. • Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
• In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.

State and Local Transaction Privilege Taxes
In accordance with applicable state and local law, transaction privilege taxes may be applicable to this transaction. The state and local transaction privilege (sales) tax burden and legal liability to remit taxes are on the vendor that is conducting business in California and the City of Porterville.

Any failure by the Contractor to collect applicable taxes from the City will not relieve the Contractor from its obligation to remit taxes. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on speculation or application of any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your offer. Once your proposal is submitted, the Proposal is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.

Tax Indemnification
Contractor shall, and require the same of all subcontractors, pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require the same of all subcontractors, hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation, and require the same of all subcontractors.

Tax Responsibility Qualifications
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of California for any License or Transaction Privilege taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in California statutes relative to State Transaction Privilege Taxes or Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the California State Department of Revenue to release tax information relative to California Transaction Privilege Taxes or California Use Taxes in order to assist the Department

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in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract.

Russia Sanctions
Executive Order N-6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, which shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

Mitigation of Heat-Related Illnesses and Injuries in the Workplace Any contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to prevent heat-related illnesses and injuries in the workplace. The plan must also be posted where it is accessible to employees. At a minimum, the heat safety and mitigation plan and documentation required under this provision shall include each of the following as it relates to heat safety and mitigation:
• Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
• Ability to take regular and necessary breaks as needed and additional breaks for hydration. • Access to shaded areas and/or air conditioning.
• Access to air conditioning in vehicles with enclosed cabs. All such vehicles must contain functioning air conditioning by no later than May 1, 2025. • Effective acclimatization practices to promote the physiological adaptations of employees or contract workers newly assigned or reassigned to work in an outside environment. • Conduct training and make it available and understandable to all employees and contract workers on heat illness and injury that focuses on the environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures, and how to report heat illness and injury to emergency medical personnel.

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The Contractor further agrees that this clause will be incorporated in all subcontracts with subcontractors, sublicensees or sublessees who may perform labor or services in connection with this contract. Additionally, the Contractor agrees to require all subcontractors, sublicensees or sublessees to include this clause in all contracts with any third party who is contracted to perform labor or services in connection with this contract. It is the obligation of the Contractor to ensure compliance by its subcontractors.

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Section III – Special Terms and Conditions
Term of Contract and Option To Extend
The Contract shall commence on the date both the City and Contractor execute the Agreement (“Contract’s start date”), and end when the City Council accepts the project as completed (“Contract’s end date”).

Post Award Conference
A post award conference may be held by the City prior to commencement of any work. Contractor will be required to attend. The purpose of this conference would be to discuss critical elements of the work schedule, operational problems, the transition plan and procedures.

Estimated Quantities
Quantities listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during the period of this Contract, as determined by actual needs.

It is expressly understood and agreed that the Contract is to supply the City with its complete actual requirement for the Contract period.

Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both.

Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the City Council prior to the institution of the change
Alteration In Character Of Work
No changes in the scope, character, or complexity of work may be made by Contractor without first receiving approval by contract amendment properly defining and limiting the change. The City will not pay any claim for extra work done or materials furnished by Contractor except as provided in this Contract, and Contractor may not do any work or furnish any materials not covered by this Contract unless first approved by the City through contract amendment. Any such work or materials furnished by Contractor without prior contract amendment is Contractor’s sole risk, cost, and expense, and Contractor may not make any claim for compensation for any such work or materials.

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Method Of Invoicing And Payment
The CITY will compensate Contractor for satisfactory and complete performance of work under the Contract at the prices set forth in the Contract, with no additional charges for equipment, supplies, overhead, travel or administrative support.

Contractor shall be paid monthly in arrears. On or before the 10th day of each calendar month, Contractor shall submit one (1) invoice to the City for services provided during the previous month and each invoice shall contain the date, contract number, supporting documentation, and invoice amount. Advance payments are not authorized. Payment may only be made for actual goods and/or services that have been received, less liquidated damages.

The invoice must contain the associated purchase order number on the invoice itself and must be free of mathematical errors and/or missing supporting documentation. Upon finding an error and/or missing documentation, the City will return the invoice to Contractor. Contractor shall promptly resubmit the revised invoice to the City. Failure to identify an error does not waive any of the City’s rights. The City shall make every effort to process payment for the purchase of services within 45 calendar days after receipt and approval of a correct invoice.

Any prompt payment discounts offered must be clearly noted by Contractor on all invoices submitted to the City. Monthly invoice must be sent for review to the City’s Project Manager. The City shall notify the Contractor if the invoice has been approved or if it requires additional documentation and/or correction.

Following invoice approval, Contractor will email the invoice in PDF format to [email protected], copying the City’s Project Manager. Each PDF attachment will contain only one invoice, although multiple PDFs may accompany an email. The email will be in plain text format free of any signatures or images (jpeg, bmp, etc.).

A “remit to” address must also be on the invoice and must match the address on file with the City.

Any changes to the remit to address must be updated by the vendor.

Key Personnel
Contractor shall maintain the Key Personnel identified in its proposal for a minimum of 24 months from the “Effective Date” of contract award by City Council unless they are no longer employed by Contractor. Contractor shall notify the City in writing prior to removing, reassigning, or appointing an individual from or to any Key Personnel position whether in an acting or permanent capacity. For all Key Personnel, Contractor shall fill vacancies with City approval within 45 calendar days of the vacancy, unless otherwise approved by the City in writing. All of Contractor’s Key Personnel shall be assigned full-time (a minimum of 40 hours per week) to this project, unless otherwise approved in writing by the City. In the event one or more of Contractor’s Key Personnel is permanently replaced, Contractor shall notify the City in writing at least 72 hours prior to the replacement date and time. The replacement personnel shall be subject to the City’s prior approval in writing.

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Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.

Performance Interference
Contractor shall notify the City’s Project Manager immediately of any occurrence and/or condition that threatens to interfere with the full performance of the contract and confirm it in writing within 24 hours.

Unsatisfactory Performance
Contractor will furnish all necessary labor, tools, equipment, permitting, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the Scope of Work, or elsewhere in this Contract. The City shall decide all questions as to the quality and acceptability of any work performed under the Contract as monitored and documented by the City. If, in the opinion of the City, performance becomes unsatisfactory, the City shall notify Contractor. Contractor shall have a reasonable time to cure the unsatisfactory performance.

If the unsatisfactory performance is not cured within the time specified, the City may immediately correct or complete the work to its satisfaction and deduct the associated costs from any balances due or to become due to Contractor. Contractor will be liable for difference between cost to the City to complete the Work with other forces and the cost to the City for completion of the Work by Contractor per the contract. Repeated incidences of unsatisfactory performance may result in cancellation of the Contract for default.

Employee Identification and Facility Access
Only authorized Contractor employees are allowed on the premises of City facilities. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contractor or subcontractor employee.

Confidentiality
“Confidential Information” means all non-public, confidential, sensitive, or proprietary information disclosed or made available by City to Contractor or its affiliates, employees, contractors, partners, or agents (collectively “Recipient”), whether disclosed before or after the “Effective Date” of contract award by City Council, whether disclosed orally, in writing, or via permitted electronic access, and whether or not marked, designated, or otherwise identified as confidential. Confidential Information includes, but is not limited to: user contents, electronic data, meta data, employment data, network configurations, information security practices, business operations, strategic plans, financial accounts, personally identifiable information, protected health

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information, protected criminal justice information, and any other information that by the nature and circumstance of the disclosure should be deemed confidential. Confidential Information does not include this document or information that: (a) is now or subsequently becomes generally available to the public through no wrongful act or omission of Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its possession prior to receiving such information from the City; (c) Recipient can demonstrate by its written records to have been independently developed by Recipient without direct or indirect use of any Confidential Information; (d) Recipient lawfully obtains from a third party who has the right to transfer or disclose it; or (e) the City has approved in writing for disclosure.

Recipient shall: (a) protect and safeguard Confidential Information with at least the same degree of care as Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, such as ensuring data is encrypted in transit and at rest and maintaining appropriate technical and organizational measures in performing the Services under the Contract; (b) not use Confidential Information, or permit it to be accessed or used, for any purpose other than in accordance with the Contract; (c) not use Confidential Information, or permit it to be accessed or used, in any manner that would constitute a violation of law, including without limitation export control and data privacy laws; and (d) not disclose Confidential Information except to the minimum number of recipients who have a need to know and who have been informed of and agree to abide by confidentiality obligations that are no less restrictive than the terms of this Contract. If Recipient is required by law or court order to disclose any Confidential Information, Recipient will first give written notice to the City and provide the City with a meaningful opportunity to seek a protective order or limit disclosure.

Upon the City’s written request or expiration of this Contract, whichever is earlier, Recipient shall, at no additional costs to the City, promptly return or destroy all Confidential Information belonging to the City that Recipient has in its possession or control. After return or destruction of the Confidential Information, Recipient shall certify in writing as to its compliance with this paragraph.

If applicable, Contractor agrees to comply with all City information technology policies and security standards, as may be updated from time to time, when accessing City networks and computerized systems whether onsite or remotely.

In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. Contractor’s obligations pursuant to this Section shall not be subject to any limits of liability or exclusions as may be stated elsewhere in the Contract.

A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.

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Data Protection
The parties agree this Section shall apply to the City’s Confidential Information and all categories of legally protected personally identifiable information (collectively “PII”) that Contractor processes pursuant to the Contract. “Personally identifiable information” is defined as in the Federal Privacy Council’s Glossary available at: fpc.gov/resources/glossary.

As between the parties, the City is the data controller and owner of PII and Contractor is a data processor. In this Section, the term “process,” “processing,” or its other variants shall mean: an operation or set of operations which is performed on PII, whether or not by automated means, including without limitation: collection, recording, copying, analyzing, caching, organizing, structuring, storage, adaptation, alteration, retrieval, transmission, dissemination, alignment, combination, restriction, erasure, or destruction.

When Contractor processes PII pursuant to the Contract, Contractor shall, at no additional cost to the City:
(1) process PII only within the United States and only in accordance with the Contract and not for Contractor’s own purposes, including product research, product development, marketing, or commercial data mining, even if the City’s data has been aggregated, anonymized, or pseudonymized;
(2) implement and maintain appropriate technical and organizational measures to protect PII against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including at a minimum, and as applicable, those measures specified by the National Institute of Standards and Technology (NIST) SP800-53; Health Information Technology for Economic and Clinical Health (HITECH) Act; Payment Card Industry Data Security Standards; and good industry practice. (When considering what measures are appropriate and in line with good industry practice, Contractor shall keep abreast of current regulatory trends in data security and the state of technological development to ensure a level of security appropriate to the nature of the data to be protected and the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction, damage, theft, alteration or disclosure. At minimum, Contractor will timely remediate any vulnerabilities found within its network that are rated medium or more critical by the Common Vulnerability Scoring System (CVSS); however, Contractor must remediate vulnerabilities that are rated critical within 14 days and vulnerabilities that are rated high within 30 days. If requested by the City, Contractor shall promptly provide a written description of the technical and organizational methods it employs for processing PII.) (3) not subcontract any processing of PII to any third party (including affiliates, group companies or sub-contractors) without the prior written consent of the City; and Contractor shall remain fully liable to the City for any processing of PII conducted by a sub-processor appointed by Contractor; (4) as applicable, implement and maintain appropriate policies and procedures to manage payment card service providers with whom Contractor shares sensitive financial information or cardholder data; and provide the City with a Qualified Security Assessor Attestation of Compliance for

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Payment Card Industry Data Security Standards on an annual basis, but no later than within 30 days of attestation report completion;
(5) take reasonable steps to ensure the competence and reliability of Contractor’s personnel or subprocessor who have access to the PII, including verifications and background checks appropriate to the security level required for such data access;
(6) maintain written records of all information reasonably necessary to demonstrate Contractor’s compliance with this Contract and applicable laws;
(7) allow the City or its authorized agents to conduct audit inspection during the term of the Contract, but no more than once per year, which may include providing access to the premises, documents, resources, personnel Contractor or Contractor’s sub-contractors use in connection with the Services; provided however, the City may at its sole discretion accept a qualified and industry recognized independent third-party assessment report or certification (such as SSAE 18 SOC 2 or ISO/IEC 27001) provided by Contractor at no cost to the City in lieu of the audit inspection rights of this Section.

If Contractor becomes aware of any actual or potential data breach (each an “Incident”) arising from Contractor’s processing obligations pursuant to the Contract, Contractor shall notify the City without undue delay within 48 hours; and:
(1) provide the City with a detailed description of the Incident, the type of data that was the subject of the Incident, and the identity of each affected person as soon as such information can be collected or otherwise becomes available;
(2) take action immediately, at Contractor’s own expense, to investigate the Incident and to identify, prevent, and mitigate the effects of the Incident and to carry out any recovery or other action necessary to remedy the Incident;
(3) cooperate with the City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or as otherwise required by the City; and
(4) not directly contact any individuals who may be impacted by the Incident or release or publish any filing, communication, notice, press release, or report concerning the Incident without the City’s prior written approval (except where required to do so by applicable laws).

In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. Contractor’s obligations pursuant to this Section shall not be subject to any limits of liability or exclusions as may be stated elsewhere in the Contract.

A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of

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this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.

Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.

The City, in its sole discretion, reserves the right, but not the obligation to:
(1) require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information; (2) act on newly acquired information whether or not such information should have been previously discovered;
(3) unilaterally change its standards and criteria relative to the acceptability of Contractor’s employees and/or prospective employees; and
(4) object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Contract. Contractor will bear the costs of all inquiries requested by the City.

Contacts With Third Parties
Contractor or its subcontractors shall not contact third parties to provide any information in connection with the deliverables provided under this Contract without the prior written consent of the City. Should Contractor or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Contract or any other prior or existing contract with the City, Contractor or its subcontractors shall promptly inform the City, giving the particulars of the information sought, and shall not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Contractor and its subcontractors under this Section shall survive the termination of this Contract.

Contractor agrees that the requirements of this Section shall be incorporated into all subcontractor agreements entered into by Contractor. It is further agreed that a violation of this Section shall be

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deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Contract without notice.

No Third Party Beneficiaries
The parties expressly agree that this Contract is not intended by any of its provisions to create any right of the public or any member thereof as a third-party beneficiary nor to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract.

Non-Disclosure
Contractor shall not disclose, without the City’s prior written consent, any information in the performance of the Services under this Contract to any person, firm, corporation, association, or other entity other than persons in the City’s organization qualified to receive such information, for any reason or purpose whatsoever, nor shall Contractor make use of any such confidential or proprietary information for its own purposes or for the benefit of any person, firm, corporation, or other entity, except the City.

Contractor agrees to act as a trustee of the foregoing information and as trustee of any other confidential information learned in connection by Contractor’s relationship with the City.

Contractor further represents to the City that, as an inducement to enter this Contract, Contractor will hold this information in trust and confidence for the City’s sole benefit and use.

Further, there shall be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City.

Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Contract, then, and in that event, upon written demand, Contractor shall relinquish to the possession and control of the City its entire file related to this Contract and only those portions of said file deemed by the City to be not privileged shall be returned to Contractor pending the resolution of the existing or anticipated litigation.

Contractor agrees that the requirements of this Section shall be incorporated into any subcontractor agreements entered into by Contractor. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.

Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Contract or any part thereof without the prior written consent of the City. The

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name of any City site on which services are performed by the Contractor pursuant to this Contract shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.

Accrued Liabilities
Contractor shall be responsible for the payment of all liabilities to its employees accrued during the contract term, including but not limited to accrued vacation, sick time, and any other benefits accrued under the terms of any collective bargaining agreement between Contractor and the union representing its employees or under the terms of any employment contract or agreement. All such payments shall be made by Contractor at the end of the contract term and no additional compensation shall be provided by the City for such accrued liabilities. Contractor shall not have any obligation for the liabilities of the prior contractor to its employees.

Claims or Demands Against The City
Contractor acknowledges and accepts the provisions of the Charter of the City of Porterville pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in the Charter of the City of Porterville alters, amends or modifies the supplemental and complementary requirements of the State of California Notice of Claim statutes pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control.

Moreover, nothing in this Contract will constitute a dispute resolution process, an administrative claims process, or contractual term sufficient to affect the date on which the cause of action accrues.

Conflicts of Interest
Contractor acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Contract upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Porterville City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Contract without liability, including any such commission, percentage, brokerage or contingent fee.

The City reserves the right to immediately terminate the contract in the event that the City determines that Contractor has an actual or apparent conflict of interest.

Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Contract, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract, the City may, by one calendar day written notice to Contractor,

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terminate the right of Contractor to proceed under this Contract, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in a California court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.

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Section IV – Insurance and Indemnification
Standard General Defense and Indemnification
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Porterville and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Indemnitor or Indemnitor’s Agents for the City of Porterville. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.

Contractor’s Insurance
Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees and subcontractors. Contractor and subcontractors must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.

The City in no way warrants that the limits stated in this Section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors and Contractor may purchase such additional insurance as they determined necessary.

Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.

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Commercial General Liability – Occurrence Form
General Aggregate - $4,000,000
Products – Completed Operations Aggregate - $1,000,000
Personal and Advertising Injury - $1,000,000
Fire Damage - $1,000,000
Each Occurrence - $1,000,000
The policy must name the City of Porterville as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations, and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Contractor related to this Contract.

There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Phoenix as an additional insured.

City of Porterville is an additional insured to the full limits of liability purchased by the Contractor.

The Contractor’s insurance coverage must be primary insurance and non- contributory with respect to any insurance or self-insurance carried by the City.

Automobile Liability
Bodily injury and property damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000
UM/UIM Per Person Limit $1,000,000
UM/UIM Per Accident Limit $1,000,000
• The policy must be endorsed to include the City of Porterville as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, relating to this Contract.
• City of Porterville is an additional insured to the full limits of liability purchased by the Contractor.
• The Contractor’s insurance coverage must be primary insurance and non-contributory with respect to any insurance or self-insurance carried by the City.

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Worker’s Compensation and Employers’ Liability
Workers’ Compensation
Employers’ Liability: Statutory
Each Accident $100,000
Disease – Each Employee $100,000
Disease – Policy Limit $500,000
• Policy must contain a waiver of subrogation against the City of Porterville. • This requirement does not apply when a contractor or subcontractor is exempt, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

Property Insurance – Contractor’s Property and Equipment Contractor must maintain all risk property insurance for Contractor’s personal property. The CITY will have no responsibility for any damage to Contractor’s personal property and Contractor’s property insurance must be endorsed to include a waiver of subrogation against the CITY.

Additional Insurance Requirements
Policies must include, or be endorsed to include, the following provisions:
1) On insurance policies where the City of Porterville is named as an additional insured, the City of Porterville must be an additional insured to the full limits of liability purchased by Contractor even if those limits of liability are in excess of those required by Contract. 2) Contractor’s insurance coverage or self-insurance must be primary insurance and noncontributory with respect to all other available sources. 3) Coverage provided by Contractor must not be limited to the liability assumed under the indemnification provisions of the Contract.

Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to City of Porterville.

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Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of California and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Verification of Coverage
Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project.

Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract must be mailed, emailed, or hand delivered to City of Porterville.

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Section V - SCOPE OF WORK
The scope of work set forth in this Request for Proposals represents an outline of the goods and services which the CITY anticipates the successful Proposer to perform, and is presented for the primary purpose of allowing the CITY to compare proposals. The precise scope of work to be incorporated into the General Services Agreement shall be negotiated between the City and the successful Proposer. The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) in order to achieve the CITY’s Project Objectives.

Background
The City of Porterville’s Fuel Management System (GASBOY) operates multiple fueling sites, one bus wash, and two gates for its fleet of approximately 300 vehicles and equipment. The fueling sites are located at the 555 N. Prospect Street, Porterville, CA 93257 and 1893 Newcomb St., Porterville, CA 93257.

The main fueling site (private) has two 20,000 gallon in-ground tanks one for diesel and one for gasoline. The fuel is dispensed from two fuel islands, each with two fast fill single-hose dispensers for diesel and two for gasoline. There is a single controller for the fuel islands (Pictures Below)

The second fueling site (public) has a standalone, fast fill two-hose Compressed Natural Gas (CNG) dispenser and standalone controller. The standalone controller is setup for payment and authorizations. (Pictures Below)

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The bus wash system is controlled by a single controller. (Picture Below).

Two entrance gates are each controlled by standalone controllers. (Picture Below)

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The main fuel station, with in-ground tanks, is monitored by a Veeder-Root TLS-350 automatic tank gauge. (Picture Below)
Data is collected using mag-strip cards with manual entry for utilization. All data is stored on a City computer and is integrated into the City’s Fleet Maintenance Software, RTA.

General Scope of Work
Proposer shall provide all necessary equipment, software/licensing, data plans, and labor required to perform a turnkey Fuel Management System Upgrade at each fueling site. The primary goals of this project are to:

1. Reduce labor managing legacy mag-strip cards.

2. Reduce dependency on local computer hardware to run fuel management system.

3. Improve real-time monitoring of equipment.

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4. Improve customer service for public and private users.

5. Improve reliability of fuel management system and equipment.

6. Improve operations by integrating technology.

7. Replace outdated or end-of-life equipment.

The objectives in meeting the primary goals are to:

1. Replace existing dispensers with next-generation commercial equipment.

2. Replace existing site controllers with next-generation commercial equipment.

3. Replace legacy fuel management system with next-generation cloud-based software.

4. Utilize automated and contactless payment/authorization whenever possible.

5. Offer fleet card features for self-service operations.

The City is seeking a fuel management system that requires no human intervention in the authorization of fueling and data collection. The system must also be able to work simultaneously with a wide range of authorization and secure payment methods. In addition to the fuel management system, the selected vendor must replace all out dated equipment, including but not limited to dispensers, site controllers, and tank monitoring.

A full list of bid specifications is provided in Attachment 1.

Proposal Format
Vendors should organize Proposals into the following Sections:

A. System
B. Maintenance and Repairs
C. Retrofitting
D. Technology
E. Qualifications and Experience
F. References
G. Fee Proposal (include in a separate sealed envelope clearly marked “Fee Proposal”) H. Authorized Negotiator
I. Attachments

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The following describes the elements that should be included in each of the proposal sections and the weighted point system that will be used for evaluation of the proposals.

A. System – 30 points
a. A written description of the proposed fuel management system. Itemizing its ability to perform each of the functions listed in Attachment 1.

B. Technology - 15 points
a. A Detailed description of systems technology and how it conforms all the items listed Attachment 1.

C. Retrofitting - 15 points
a. A description of the steps needed to change over all existing City assets from the City’s current fuel management system to the vendors system. This should include, if required, providing temporary cards or key for each asset in the City’s fleet for use during site installation.
b. Estimated time required to complete retrofitting of fleet and fueling sites. c. Lead time need to begin project after award of a signed contract.

D. Maintenance and Repairs – 10 points
a. Supply the name, address and phone number for the nearest services center with factory trained service technicians. The services center should have the ability to have a technician on site within 3 hours for emergency repairs.

E. Qualifications and Experience - 10 points
a. Provide a written description of qualifications and experience in providing fuel management systems. This must include a description of the firm’s overall qualifications and experience, plus a description of the qualifications and experience of the individuals to be assigned to the project.

F. References - 5 points
a. Include three references to similar projects completed by the vendor for local government clients of similar size to the City of Porterville in the past two years. These references should include a description of the work performed, date on which the work was performed, the contact name, telephone number, and address for the client agency G. Fee Proposal - 15 points
a. The information requested in this section is required to support the reasonableness of your quotation and is for internal City use only. The Cost should be separated in an itemized list for each of the following, Site Installation, Asset Retrofitting, Hardware,

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Software, Technical Support to Interface Data, Conversion of Existing Data, and an estimated annual cost to operate the system including Technical Support. b. The fee proposed must include the total estimated cost for the project when it is 100% complete. This total may be adjusted after negotiations with the City and prior to signing a formal contract, if justified.

H. Authorized Negotiator
a. Include the name, phone number, and e-mail address of persons(s) in your organization authorized to negotiate the agreement with the City.

I. Attachments
a. Required forms to be completed and attached with the proposal.

Project Restrictions
A. Time is of the essence for the project. The Proposer shall complete the specified work within ninety (90) working days from the date of execution of the Agreement.

B. The City hours of operation are from 6:00 a.m. to 5:00 p.m., Monday to Friday. The Proposer may work outside of these hours with prior approval from the City. No request to work outside operating hours will be unreasonably denied.

C. Proposer is expected to provide a price proposal and detailed budget to complete all work detailed in the scope of work. All fees for elements contained in this scope of work should be included in the proposal. A total proposed “Not to Exceed” Fee for goods and services, including a Fee Schedule describing all charges and hourly rates for services shall be negotiated between the CITY and Proposer for this project.

D. Proposer is required to obtain a CITY Business License and must be registered to do business in California with the Secretary of State.

E. Proposer is required to obtain all necessary permits, certifications, testing, and authority to construct and permit to operate from the San Joaquin APCD.

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Section VI – Federal Transit Administration (FTA) Terms and Conditions These clauses are required because this procurement is funded in whole or in part by the United States Department of Transportation (USDOT), Federal Transit Administration. The requirements in these clauses are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Contract. If any requirements in these clauses are inconsistent with a provision found elsewhere in this Contract and is irreconcilable with such provision, the requirement in these clauses shall prevail.

Contractor shall comply with the following FTA requirements. For purposes of these clauses, the AGENCY is the City of Porterville (FTA recipient) that is entering the Contract with Contractor.

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES.
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. NOTIFICATION TO FTA.
[These requirements apply to all contracts and subcontracts in excess of $25,000.] If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the AGENCY, which must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 9. Contractor must include an equivalent provision in its subagreements at every tier for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

A. Types of Legal Matters Requiring Notification. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

B. Matters Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

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C. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the AGENCY, which must then promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for Region 9 if Contractor has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between the AGENCY and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the AGENCY. It also applies to subcontractors at any tier.

Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision also applies to all divisions of the

AGENCY,

3. PROGRAM FRAUD & FALSE/FRAUDULENT STATEMENTS OR RELATED ACTS. [These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.

Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

B. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.

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C. Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

4. ACCESS TO RECORDS, REPORTS, and SITES
A. Record Retention. Contractor shall retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subagreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

B. Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

C. Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, the Agency, and their duly authorized representatives to inspect and audit records and information, including such records and information the AGENCY or Contractor may regard as confidential or proprietary related to performance of this contract as reasonably may be required.

D. Access to the Sites of Performance. Contractor shall permit FTA, the Agency, and their duly authorized representatives’ access to the

5. FEDERAL CHANGES
Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Phoenix and the FTA, as they may be amended or promulgated from time to time during the term of the Contract.

Contractor’s failure to so comply shall constitute a material breach of the Contract.

6. CIVIL RIGHTS
The AGENCY must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless an AGENCY or federal program, including any Indian Tribe or Tribal Transit Program, is specifically exempted from a civil rights statute,

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FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.

A. Nondiscrimination in Federal Public Transportation Programs.

1. Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

2. Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.

B. Nondiscrimination – Title VI of the Civil Rights Act.

1. Contractor must prohibit discrimination based on race, color, or national origin;

2. Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49 U.S.C. § 5332; and

3. Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.

C. Equal Employment Opportunity.

1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO)

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Requirements and Guidelines for Federal Transit Administration Recipients.” Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.

2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes, but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.

3. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age.

4. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

5. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

6. Equal Employment Opportunity for Construction Activities. When undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), Contractor must comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.

Chapter 60 (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and Executive Order 13672, "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity," 42 U.S.C. § 2000e note).

7. Access for Elderly Individuals and Individuals with Disabilities. Contractor agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., and the Architectural Barrier Act of 1968, as amended, 42 U.S.C. § 4151, et seq. In addition, Contractor agrees to comply with applicable Federal implementing regulations.

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7. INCORPORATION OF FTA TERMS
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the AGENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

8. FREE SPEECH & RELIGIOUS LIBERTY
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.

9. FEDERAL TERMINATION RIGHTS
The termination rights under this Contract are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.

10. DEBARMENT, SUSPENSION, INELIGIBILITY, & VOLUNTARY EXCLUSION [This requirement does not apply to contracts and subcontracts under $25,000.] A. Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.

B. Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any

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Fuel System Upgrades
federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.

C. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that Contractor available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor shall comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer.

Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

D. Contractor agrees that it will not enter into any “covered transaction” (as defined at 2 CFR 180.220 and 1200.220) with any “third party participant” (as defined in Section 1 of FTA’s Master Agreement (Version 31, dated May 2, 2024), as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Contractor further agrees that it will review the Federal Government’s “System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by USDOT regulations (2 C.F.R. Part 1200).

11. TERMINATION
The AGENCY must include provisions in their contracts and subcontracts that allows for termination for cause and for convenience by the AGENCY, including the manner by which it will be effected and the basis for settlement. See Appendix II(B) to 2 CFR part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination.

12. VIOLATION & BREACH OF CONTRACT
[These requirements are not applicable to contracts and subcontracts under the simplified acquisition threshold (currently set at $250,000).]
Unless otherwise provided for by the AGENCY, the following provisions shall apply:

A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise

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Fuel System Upgrades
furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.

B. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.

C. Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.

13. LOBBYING RESTRICTIONS
[These requirements do not apply to contracts and subcontracts under $100,000.] Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the AGENCY.

14. CARGO PREFERENCE (USE OF U.S.-FLAG VESSELS)
[These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
A. At least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S.

Government under this Contract, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.

Contractor shall use privately owned United States-Flag commercial vessels to ship at least

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Fuel System Upgrades
50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels (46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381); B. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-oflading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the AGENCY (through the Contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
C. Contractor shall include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

15. FLY AMERICA
[These requirements apply to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.]
A. As used in this clause: (1) “international air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2) “United States” means the 50 States, the District of Columbia, and outlying areas; and (3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

B. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143, requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreignflag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.