Porterville City Council
September 17, 2024

City Council Agenda September 17, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
SEPTEMBER 17, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of September 17, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/84067419632?pwd=8ptBaoIRjFE7sriSLLgkaHHvfl9wk1.1 Or via Telephone: 1-669-900-6833 Webinar ID: 840 6741 9632 Passcode: 899013 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Javier Hamilton. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Karina Villareal. Agency claimed against: City of Porterville. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Curtis Tillery.

Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Pastor Isabel Vela v. Porterville Police Department, Tulare County Superior Court Case No. PCU311765.

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel City Council Agenda September 17, 2024

– Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Weyhrauch.

Invocation

PRESENTATIONS
2025 CDBG Con Plan and AI

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. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - September 5, 2024

2. Library & Literacy Commission - September 10, 2024

3. Arts Commission - September 10, 2024

4. Animal Control Commission

5. Youth Commission - September 11, 2024

6. Transactions and Use Tax Oversight Committee (TUTOC) - August 27, 2024 II. Staff Informational Reports

1. Water Conservation Phase III Status Update - August 2024

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.

There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Approval of Draft Minutes of September 3, 2024
Re: Considering approval of the City Council draft Minutes of September 3, 2024.

2. Authorization to Purchase Routeware Waste Collection Equipment In-Cab City Council Agenda September 17, 2024

Technology and Billing Systems
Re: Council to authorize the purchase of Routeware for Waste Collection Equipment In-Cab Technology and Billing Systems at an estimated project cost of $192,514.32, and a monthly subscription of $15,090.00.

3. Authorization to Purchase Sideloader Elevator
Re: Consideration to authorize the purchase of an elevator and components for a residential sideloader from One Source Parts at a cost not to exceed $10,394.56.

4. Renewal of Public Safety Dell Server Warranties
Re: Council to consider authorization of the purchase of two Dell ProSupport 4-Hour 7x24 Onsite Service warranties for $6,634.12, plus applicable sales tax.

5. Authorization to Distribute Request for Proposals - Purchase of Truck for Encampment Abatement Activities
Re: Considering authorizing staff to distribute an RFP to purchase a vehicle for encampment abatement activities for enforcement of Ordinance 1905 to regulate unsafe camping.

6. Authorization to Distribute a Request for Proposals (RFP) for Architectural and Engineering Design and Support Services for a Zero-Emission Maintenance Facility
Re: Council to authorize staff to advertise Request for Proposals (RFP) for Architectural and Engineering Design and Support Services for a Zero-Emission Maintenance Facility at an estimated project cost of $1,500,000.

7. Authorization to Advertise for Bids - Foundation and Drainage System Project for Future Draeger Prop Installation
Re: Council to authorize staff to advertise for bids on the Foundation and Drainage System Project, located at 500 N Newcomb Street.

8. Authorization to Award Contract - Emergency Board-Up Services Re: Consideration to award emergency board-up services contracts on a rotating oncall basis to MTZ Building Solutions, Benevento's Cleaning & Restoration Service, Inc., and The Lopez Construction Family LLC.

9. Acceptance of Project - Animal Shelter Project
Re: Consideration of acceptance of the Animal Shelter Project located at 185 N. "D" Street, by AMG & Associates, Inc., as complete at the total project construction cost of $7,401,116.68.

10. Acceptance of Project - Hayes Field Lighting Project Re: Consideration to accept the Hayes Field Light Project, located at 945 W. Mulberry Avenue, as complete.

11. Approval of Agreement Between the City of Porterville and Tulare County Health and Human Services Agency
Re: Consideration of an agreement between the City of Porterville and the Tulare County Health and Human Services Agency, to establish a Household Hazardous Waste (HHW) Collection Facility in Porterville.

12. Approval of Measure R Program Supplement to Cooperative Agreement - Santa Fe Byway
City Council Agenda September 17, 2024

Re: Consideration to approve a draft resolution in support of the Measure R Program Supplement to Cooperative Agreement.

13. Approval of Agreement with Enterprise Rent-A-Car Company of Sacramento, LLC for Rideshare Services
Re: Council to consider an agreement with Enterprise Rent-A-Car Company of Sacramento, LLC for Rideshare Services.

14. Request for Authorization to Extend the Zero-Fare Program for Public Transportation Services
Re: Consider authorizing the extension of the zero-fare program for public transportation services, including fixed-route and Dial-A-Colt services, for an additional 90 days. This extension, effective from September 30, 2024, through December 31, 2024 at an estimated cost of $100,000.

15. Approval of Community Civic Event - Word of Victory Church - Community Outreach - September 28, 2024
Re: Consideration to approve the Community Civic Event application from Word of Victory Church, to hold the Community Outreach event on Saturday, September 28, 2024, located in the church parking lot, sidewalk, and the street on the east side of the Word of Victory Church, located at 163 W. Orange, from 2:00 PM to 7:00 PM.

16. Conflict of Interest Code Amendment
Re: Considering adoption of a draft Resolution approving amendments to the City's Conflict of Interest Code pursuant to the provisions of Government Code Sections 87300 et seq.

17. Appointment In-Lieu of Election for District 5 - City Council Member Stan Green Re: Appointment in-lieu of election of the sole qualified candidate in District 5 for the office of City Council Member in the Election of November 5, 2024.

18. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.

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

PUBLIC HEARINGS

19. Public hearing on the Public Health & Safety Element Update and Adoption of the Environmental Justice Element for the Porterville 2030 General Plan Re: Consideration to conduct a public hearing; and adopt the Draft Resolution, amending the General Plan to reflect the Public Health and Safety Element Update and adopt the new Environmental Justice Element as part of the Porterville 2030 General Plan.

SCHEDULED MATTERS

20. Approval of COAR Design Group's Recommendation for Emergency Operations Center & Public Safety Headquarters Location
City Council Agenda September 17, 2024

Re: Consideration to approve COAR Design Group's recommended location for the Emergency Operations Center & Public Safety Headquarters as Centennial Plaza.

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

1. Local Initiatives Navigation Center (L.I.N.C.) - September 4, 2024

2. Eastern Tule Groundwater Sustainability Agency- September 5, 2024

3. Tulare County Association of Governments (TCAG)- September 16, 2024

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of October 1, 2024, at 5:30 p.m.

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

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

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: 1. Water Conservation Phase III Status Update - August 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community. As of June 1, 2024, the city transitioned from Phase IV to Phase III of its Water Conservation Plan. The Plan applies to all municipal water users within or outside the city limits.

The Phase III plan increases outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water on Wednesday and Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed on Monday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for August 2024 show that six (6) notices of violations were issued for water waste, and no administrative citations were issued.

Water production for August 2024 shows a three percent (3%) decrease from the five-year average. The monthly production for August was 415 million gallons, which is a eighteen percent (18%) decrease compared to August 2013, when it was 509 million gallons. Residential consumption for August 2024 was 155 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from August 2015 through August 2024. Porterville's cumulative total production conservation through August 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from August 2015 through August 2024. Porterville's cumulative total GPCD conservation through August 2024 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a seven percent (7%) increase from August 2023 to August 2024. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status August 2024

2. Monthly Production Status GPCD August 2024

3. Drought Response Phase III Flyer -
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through August 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through August 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.

OR
Item No. 1.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of Draft Minutes of September 3, 2024 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of September 3, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of September 3, 2024.

ATTACHMENTS: 1. Draft Minutes of 09-03-2024
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
SEPTEMBER 3, 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, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Eva Lizeth Torres Jimenez. Agency Claimed Against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Melanie Rodriguez. Agency Claimed Against: City of Porterville. 3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-2, as follows:

A-2. On a MOTION made by Council Member Donald Weyhrauch, and SECONDED by Council Member Raymond Beltran the City Council unanimously rejected the claim filed by Melanie Rodriguez.

Documentation: M.O. 01-090324
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Beltran.

Invocation – a moment of silence was observed.

PRESENTATIONS
Employee of the Month - Tori Berry
Outstanding Business Honoree – Imagine Art Center

ORAL COMMUNICATIONS
• Edith Lavonne, Porterville, expressed her opposition to a design for a small library and advocated for the construction of a larger building.
• Alexis Espinoza, Porterville, expressed support for the construction of a sizable library. • Renee Curtley, Porterville, expressed support for the construction of a sizable library. • Cathy Guinn, Porterville, expressed her belief that the Animal Shelter should be named after Augie Gonzalez.
• Julie Ann McGliden, Porterville, expressed support for the construction of a new library. • Brock Neeley, Porterville, expressed his concerns regarding the transition from the Library Board of Trustees to the Library and Literacy Commission. He asserted that he believed this transition was executed in violation of the law. • Kristy Martin, Porterville Chamber of Commerce, provided the Council with updates from the Porterville Chamber of Commerce.
• Vikki Cervantes, Porterville, expressed support for the forthcoming library and the second option for the library's design.

REPORTS
I. Staff Informational Reports

1. Porterville Rescue Mission Update

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Raymond Beltran that the City Council approve Items Nos. 1-

17. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF AUGUST 20, 2024
Recommendation: That the Council approve the draft Minutes of August 20, 2024.

Documentation: M.O. 02-090324
Disposition: Approved.

2. AUTHORIZATION TO REPAIR/UPGRADE TRAFFIC SIGNAL AT OLIVE

AVENUE & E STREET

Recommendation: That the City Council:

1. Approve the purchase of a new traffic signal cabinet and controller from Econolite for an amount not to exceed $25,196, 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 $25,196, 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. 03-090324
Disposition: Approved.

3. AUTHORIZATION TO ENTER INTO AGREEMENT FOR THE LEASE AND

MAINTENANCE OF PRINTER/COPY MACHINES
Recommendation: That the City Council:

1. Authorize the Finance Director to execute an agreement with California Business Machines for the lease and maintenance of 19 Kyocera copiers for a 60-month term; and

2. Authorize the Finance Director to add or delete copiers to this agreement as they are identified, without modifying the terms and conditions of this agreement.

Documentation: M.O. 04-090324
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT -

HEADWORKS GRINDERS
Recommendation: That the City Council:

1. Award the purchase of the grinders to Duperon for an amount not to exceed $240,350, which includes freight, taxes, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Duperon for an amount not to exceed $240,350, which includes freight, taxes, and a ten percent (10%) contingency; and

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

Documentation:

M.O. 05-090324
Disposition: Approved.

5. AUTHORIZATION TO PURCHASE HVAC FOR PORTERVILLE

NAVIGATION CENTER
Recommendation: That the City Council authorize the purchase of a HVAC unit from 559 Heating & Cooling for $12,600.

Documentation: M.O. 06-090324
Disposition: Approved.

6. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS

FOR A PERMITTING SOFTWARE SYSTEM
Recommendation: That City Council authorize staff to distribute a Request for Qualifications for a Permitting Software System and to negotiate a fee with the highest ranking firm.

Documentation: M.O. 07-090324
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE AN AGREEMENT FOR GOLF COURSE

MANAGEMENT SERVICES
Recommendation: That the City Council:

1. Authorize staff to execute a golf course management services agreement with Mr. Casey Butler subject to the City Attorney's approval; and

2. Authorize the Mayor to sign all contract documents when completed.

Documentation: M.O. 08-090324
Disposition: Approved.

8. AUTHORIZATION TO EXECUTE A CONSULTANT AGREEMENT WITH GHD, INC – ACTIVE TRANSPORTATION (AT) PLAN
Recommendation: That the City Council:

1. Authorize the Mayor to execute the Consultant Service Agreement for the development of the City’s Active Transportation Plan with GHD, Inc. at a price of $203,136;

2. Authorize a ten percent (10%) contingency for the contract; and

3. Authorize progress payments up to one hundred percent (100%) of the fee amount.

Documentation: M.O. 09-090324
Disposition: Approved.

9. AUTHORIZATION REQUEST FOR THE PREPARATION OF THE FY 2023- 2024 ANNUAL COMPREHENSIVE FINANCIAL REPORT
Recommendation: That the City Council authorize the Finance Department to utilize CliftonLarsonAllen LLP to prepare the City's FY 2023-2024 Annual Comprehensive Financial Report at a cost of $9,140.00.

Documentation: M.O. 10-090324
Disposition: Approved.

10. IRREVOCABLE OFFER OF DEDICATION FROM BURTON SCHOOL

DISTRICT, A CALIFORNIA PUBLIC SCHOOL DISTRICT
Recommendation: That City Council:

1. Approve the draft resolution accepting the Irrevocable Offer of Dedication from Burton School District, a California Public School District; and

2. Direct the City Clerk to record the Irrevocable Offer of Dedication in the office of the Tulare County Recorder upon the City receiving the final subdivision map for the Brookside Subdivision.

Documentation: Resolution No. 64-2024
Disposition: Approved.

11. ACCEPTANCE OF FINAL SUBDIVISION MAP - BROOKSIDE, PHASE 1 (PRESIDIO JJR BROOKSIDE 110 LLC AND PRESIDIO JJR
LAURELWOOD 110 LLC)
Recommendation: That the City Council:

1. Approve the final subdivision map of Brookside, Phase 1; and

2. Accept all offers of dedication shown on the final map or by separate deed document.

Documentation: M.O. 11-090324
Disposition: Approved.

12. REQUEST FOR WILL SERVE LETTER - 831 E. DATE AVE.

Recommendation: That the City Council adopt the draft resolution approving the second water service connection at 831 E. Date Avenue.

Documentation: Resolution No. 65-2024
Disposition: Approved.

13. AUTHORIZATION FOR STREET CLOSURE - PIONEER DAYS & RIB

COOK-OFF
Recommendation: That the City Council authorize the temporary closure of Main Street from Morton Avenue to Putnam Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street, on October 5, 2024, from 6:00 AM to 4:00 PM, during Pioneer Days.

Documentation: M.O. 12-090324
Disposition: Approved.

14. APPROVAL OF COMMUNITY CIVIC EVENT - CENTRAL CALIFORNIA FAMILY CRISIS CENTER - 24TH ANNUAL DOMESTIC VIOLENCE
CANDLELIGHT VIGIL - OCTOBER 24, 2024
Recommendation: That the City Council approve the Community Civic Event application from Central California Family Crisis Center to hold the 24th Annual Domestic Violence Candlelight Vigil on October 24, 2024 at Centennial Park, subject to the requirements and restrictions contained in the Application and Agreement, and Exhibit A.

Documentation: M.O. 13-090324
Disposition: Approved.

15. CITY OF PORTERVILLE CONFLICT OF INTEREST CODE - 2024

BIENNIAL REPORT AND PROPOSED AMENDMENT
Recommendation: That the City Council:

1. Accept the Conflicts and Disclosure Monitor Agency 2024 Biennial Report; and

2. Direct staff to amend said report for Council's approval within ninety (90) days.

Documentation: M.O. 14-090324
Disposition: Approved.

16. REQUEST FOR PROCLAMATION - CONSTITUTION WEEK -
SEPTEMBER 17 - 23, 2024
Recommendation: That the City Council consider approval of the request to proclaim September 17th - 23rd, 2024, as "Constitution Week" in the City of Porterville.

Documentation: M.O. 15-090324
Disposition: Approved.

17. 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.

Documentation: M.O. 16-090324
Disposition: Approved.

PUBLIC HEARINGS

18. CONSIDERATION OF VESTING TENTATIVE SUBDIVISION MAP FOR

WESTFIELD RESIDENTIAL DEVELOPMENT
Recommendation: That the City Council:

1. Hold a Public Hearing to receive comments on the Westfield Residential Development Project; and

2. Adopt the draft resolution approving the vesting Tentative Subdivision Map with conditions.

City Manager Hildreth introduced the item and City Planner Jell O'Neal presented the staff report.

Mayor Flores opened the Public Hearing at 7:08 p.m.
• Pastor Troy Sawyers, Porterville, expressed his concern regarding the potential impact of the proposed project on the traffic flow to their church, and highlighted the possibility of limited accessibility to the road once the project commences.

Additionally, he raised privacy concerns pertaining to the future residents of the proposed residential development.

Mayor Flores closed the Public Hearing at 7:11 p.m., when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Vice Mayor Kellie Carrillo that the City Council adopt the draft resolution approving the Vesting Tentative Subdivision Map. The motion carried unanimously.

Documentation: Resolution No. 66-2024
Disposition: Approved.

19. 2023-2024 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION

REPORT (CAPER)

Recommendation: That the City Council:

1. Conduct the Public Hearing and consider any comments received;

2. Consider the Draft 2023-2024 Consolidated Annual Performance Evaluation Report; and

3. Direct staff to submit said report to the Department of Housing and Urban Development by the required deadline of September 30, 2024.

City Manager Hildreth introduced the item and Community Development Director Claudia Calderon presented the staff report.

Mayor Flores opened the Public Hearing at 7:27 p.m., and closed the Public Hearing at 7:28 p.m., when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Vice Mayor Kellie Carrillo that the City Council approve the draft 2023-2024 Consolidated Annual Performance Evaluation Report for submission to the Department of Housing and Urban Development by the required deadline of September 30, 2024. The motion carried unanimously.

Documentation: M.O. 17-090324
Disposition: Approved.

SCHEDULED MATTERS

20. VACATION OF A PORTION OF COLLEGE AVENUE
Recommendation: That the City Council:

1. Consider adoption of the draft Resolution of Vacation of a portion of College Avenue, and if approved;

2. Authorize the City Clerk to record said Resolution of Vacation.

City Manager Hildreth introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the draft resolution of Vacation of a portion of College Avenue and authorize the City Clerk to record the Resolution of Vacation. The motion carried unanimously.

Documentation: Resolution No. 67-2024
Disposition: Approved.

21. CONSIDERATION THE LIBRARY FACILITY PLANNING COMMITTEE'S

DESIGN RECOMMENDATIONS FOR THE PORTERVILLE PUBLIC

LIBRARY PROJECT
Recommendation: That the City Council:

1. Review and consider the recommendations of the Library Planning Facility regarding design options; and

2. Direct staff to research and bring back for consideration options for funding of the project.

City Manager Hildreth introduced the item and Parks and Leisure Services Director Donnie Moore presented the staff report.

The Council was provided a list of library designs, provided by the consultant, which were as follows:

Option 1:

Construct full build-out.

Size - 40,000sf. Cost $40,915,500.

Option 2:

Reduction of area across the entire program, such that most (if not all) programmatic areas can be constructed initially within the $30 million budget without requiring future construction or tenant improvements. The design and site layout would provide the potential for future expansion at a later stage. Includes all areas of the program with a 30% reduction of everything.

Size - 24,600sf Cost $30,000,000
Option 3:

Reduction of programmatic area with the potential for future phases. The initial phase would include an approximately 24,000sf building consisting of the core spaces and those programmatic areas identified in the public survey as middle to high priority.

Build-out of core spaces with the ability to add future phases to include remaining spaces.

Size - 24,000sf Cost $30,000,000
Option 4:

Reduction of programmatic area by constructing the entire shell of the full proposed library program, and then only completing the portion of the interior spaces afforded by the remaining budget. The remaining square footage (unfinished interior) would be completed during future phases. (6,900sf finished interior, 33,100sf unfinished interior.) Size - 40,000sf shell Cost $30,000,000
Option 5:

Reduction of area across the entire program to meet a $20,000,000 budget, with site development reduced proportionally. The proposed budget would allow for a 16,100sf library with full programming.

Size - 16,100sf Cost $20,000,000

Option 6:

Construction of a 30,000sf library with site development to meet a $30,000,000 budget.

The proposed budget would allow for a 30,000sf shell building only; no interior buildout would be possible.

Size - 30,000sf shell Cost $33,300,000
Option 7:

Construction of 30,000sf library with full interior build-out and proportional reduction of the site improvements.

Size - 30,000sf Cost $37,300,000
Staff indicated that the above options were presented to the Library Facility Planning Committee at their regularly scheduled meeting on August 15, 2024, to ascertain their preferences for said options and their top rankings of the options were as follows:

1. Option 2

2. Option 1 @ Option 3 (tie)

3. Option 4
Following extensive deliberation among the Council members, it was determined that Option #2 from the provided recommendations should be chosen. The Council directed the staff to prepare alternative funding options for the project's consideration.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Vice Mayor Kellie Carrillo that the City Council considered and selected option #2, of the listed recommendations; and directed staff to research and bring back for consideration options for funding of the project. The motion carried unanimously.

Documentation: M.O. 18-090324
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Task Force on Homelessness - August 21, 2024 Mayor Flores provided a report on the approval of Minutes, updates from various committees and subcommittees, and an update to the bylaws.

2. Tulare County Economic Development Corp. (TCEDC) - August 28, 2024 No report was provided.

3. Eastern Tule Groundwater Sustainability Agency - August 29, 2024 Council Member Weyhrauch reported on the approval of Minutes, the ratification of pending bills, and several reports and action items.

ORAL COMMUNICATIONS
• Alexis Espinoza, Porterville, shared her perspective on the deliberations concerning the

library and the ensuing recommendations that influenced their decision. • Vikki Cervantes, Porterville, stated that Mayor Flores and Vice Mayor Carrillo are setting great examples for your women, and spoke of an event she recently attended. • Dr. Primavera Monnarez, Interim Porterville College President, acknowledged and thanked city staff for their partnering with the Porterville College.

OTHER MATTERS
• Council Member Beltran recognized Tori Berry as the Employee of the Month and offered congratulations to the Imagine Art Center for being honored as an Outstanding Business, suggested for the public to familiarize themselves with the City Charter, particularly regarding the responsibilities of the Library and Literacy Commission, and discussed the Brookside development and appreciation expressed to the city council for their efforts related to the encampment ordinance.
• Council Member Weyhrauch praised the Fire Department for their help with the Shelly Fire, thanked the Library and Literacy Commission for their support with library improvements, and acknowledged Torry Berri as the employee of the month. • Council Member Meister extended congratulations to Shannon Grove and the Council Members for their support in the passing of SB1414, and acknowledged the dedication of city employees to serving the community.
• Vice Mayor Carrillo discussed the recommendations pertaining to the new Library designs and expressed optimism about the potential expansion of the library what will be on the property. Vice Mayor Carrillo expressed gratitude to all those involved in the Library Facility Planning Committee.
• Mayor Flores conveyed her gratitude for the assistance provided by Administrative Analyst Yuriko Velarde, who accompanied her to a radio interview and addressed public comments.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 8:40 p.m. to the meeting of September 17, 2024, at 5:30 p.m.

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

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Purchase Routeware Waste Collection Equipment In-Cab Technology and Billing Systems
SOURCE: Public Works
COMMENT: The City of Porterville’s Refuse Division provides curbside and commercial garbage, organics, and recycling collection services to approximately 16,200 service addresses within the incorporated areas of the City. To improve operational efficiency, enhance customer service, ensure accurate billing, and increase operator safety, the Public Works Department has identified the need for an in-cab technology system.

This system will integrate hardware, software, and professional services to support refuse collection operations. The technology will enable staff to improve customer service by decreasing the number of go-backs and missed stops, continuing compliance with the State-mandated SB 1383, and balancing routes for better efficiency. Given the large scale of refuse collection services in Porterville, the implementation of in-cab technology is critical to modernizing operations and addressing growing service demands.

The proposed in-cab technology system will include the installation of hardware in vehicles, software applications for real-time data tracking, billing and professional services for installation, training, and ongoing support. This system will also be integrated with the City’s existing systems to ensure a seamless transition and continued operations.

The contract for this system is planned for an initial three-year term, with an automatic renewal policy for successive one-year terms. Should the City wish to opt-out, a written notice must be provided 30 days before the auto-renewal date.

Funding for this project is available through the Refuse Division’s Equipment Replacement Fund. The initial cost for the in-cab technology system is $192,514.32, with a 10% contingency to cover any unforeseen costs associated with installation or system integration. The system also requires a monthly subscription fee of $15,090.00, covering ongoing support, data services, and software updates.

City Departments are authorized to purchase goods and services through cooperative purchasing programs, pursuant to California Government Code § 6502 and the City of Porterville Resolution No. 35-93, which was adopted by the City Council on April 20, 1993. This authorization allows the City to Item No. 2.
participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services, resulting in cost savings and faster procurement timelines. Staff is recommending to purchase Routeware, Inc. software, hardware and professional services through the Sourcewell awarded contract, contract number 041521-RCS. Sourcewell is a governmental agency offering cooperative purchase contracts for use by local governments.

All Sourcewell contracts have been competitively solicited, reviewed and evaluated by a committee and recommended to the Sourcewell Board of Directors for award.

RECOMMENDATION: That the City Council:

1. Approve the purchase of in-cab technology and billing system for the Refuse Division at an initial cost of
$192,514.32, including a 10% contingency, and a monthly subscription fee of $15,090.00;

2. Authorize the City Manager to enter into a contract for a three-year term with an automatic renewal clause for
successive one-year terms, with the option for the City to opt out by providing written notice 30 days prior to
renewal;

3. Approve the procurement of the in-cab technology system through a cooperative purchasing program, as authorized by California Government Code § 6502 and City of
Porterville Resolution No. 35-93; and

4. Authorize the Finance Director to make any necessary budget amendments or transfers to effectuate this
purchase.

ATTACHMENTS: 1. Quote

2. Reso 35-93_4-20-93

3. Routeware-Recyclist Order Form
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Routeware, Inc.
16525 SW 72nd Ave
Portland, Oregon 97224
United States
Phone: (503) 906-8500
Email: [email protected]
Order Form
Order #: Q-06838-1
Agreement Term: 36 Months
Offer Good Through: 10/10/2024
Ship To
Briana Spry
City of Porterville - CA
291 N Main St
Porterville, California 93257
United States
(559) 782-7586
[email protected]
Bill To
City of Porterville - CA
291 N Main St
Porterville, California 93257
United States

SALESPERSON PHONE EMAIL PAYMENT TERMS
Kevin Hahn (650) 430-6012 [email protected] Net 10
Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of Porterville - CA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Porterville - CA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent.

Routeware, Inc. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi-media.

BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-06838-1 - 9/10/2024

Hardware

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Heavy Duty Tablet 10" Android TA4PRO with Full
Install Kit - Price included in monthly service fee
Each 36 USD 0.00 USD 0.00
Actuator Kit for HD Android and Windows Each 19 USD 144.00 USD 2,736.00 Camera Controller (Camera Not Included) Each 29 USD 499.00 USD 14,471.00 Standard HD Camera for Camera Controller with
Cable
Each 116 USD 95.00 USD 11,020.00
Monitor for Camera Controller Each 2 USD 42.00 USD 84.00 Camera Power Kit Each 29 USD 40.00 USD 1,160.00
Video Service Hardware Each 29 USD 205.00 USD 5,945.00
Hardware Total: USD 35,416.00
Services

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Vehicle Installation Each 36 USD 380.00 USD 13,680.00
Actuator Signal Installation Each 19 USD 190.00 USD 3,610.00 Camera System Installation Each 24 USD 380.00 USD 9,120.00 Additional Camera Installation Each 92 USD 190.00 USD 17,480.00 Routeware Professional Services Per Hour 160 USD 225.00 USD 36,000.00 EasyRoute Training Each 1 USD 5,000.00 USD 5,000.00
EasyRoute Support Service Pack (30 Hours) Each 1 USD 6,750.00 USD 6,750.00 Services Total: USD 91,640.00
Recurring Subscriptions

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Cellular Data Charge (RD) Per Month 36 USD 15.00 USD 540.00 Auto Pickup System Fee Per Month 19 USD 20.00 USD 380.00 Picture Service Fee Per Month 29 USD 45.00 USD 1,305.00 Premium Video System Fee Per Month 29 USD 61.00 USD 1,769.00 eMobile Plus Per Month 36 USD 189.00 USD 6,804.00
Interface Support Per Month 1 USD 237.50 USD 237.50
EasyRoute Subscription Per Month 1 USD 2,524.50 USD 2,524.50 Q-06838-1 - 9/10/2024

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Additional User Subscription Per Month 10 USD 153.00 USD 1,530.00 Recurring Subscriptions Total: USD 15,090.00
Q-06838-1 - 9/10/2024

Payment Terms -
Hardware is invoiced seven (7) days after execution of the Order.

Software Fees are invoiced thirty (30) days after the Contract Start Date Order (the “Effective Service Date”).

Recurring Subscriptions shall be invoiced quarterly in advance, commencing on the Effective Service Date and on each successive anniversary thereof.

For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company’s invoice will have a date, an invoice number, a purchase order number and a description of the goods or services.

Additional Terms:

If Data usage is greater than 1GB per vehicle per month, Routeware may limit network speeds or limit the actual downloading of video files.

Terms & Conditions Information
This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. http://www.routeware.com/Clients Password: RWClient1!
Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes.

This system requires a specific server to operate Routeware software, which may need to be purchased separately.

This system requires cellular connectivity for each vehicle which may need to be purchased separately.

If route sequencing by Routeware is a requirement, additional professional services fees may apply.

On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware.

Any lapse in support voids perpetual license.

Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred.

Professional Services Project Terms:

The hours included in this order and the accompanying Statement of Work represent our best estimate of hours required for the Project, based on our experience. You understand and agree that actual fees may differ. All fee and timeline estimates are based on the information provided to us to-date, including your system requirements and resource allocations. It does not account for presently unknown circumstances that create uncertainty. These include, for example, your level of participation, complexity of your processes and requirements, unknown system and data elements, changes in scope of work, changes in assumptions, delays caused by you or third parties, or other conditions outside of our reasonable control. We will notify you if we expect to exceed cost or timeline estimates, and this will be addressed through the change order process described below.

We will work with your Project Manager to help manage the scope of the Services within the estimate provided. However, both parties acknowledge and agree that actual fees may differ from this estimate. If we determine there has been a change in or unsuccessful completion of responsibilities or assumptions set forth in this Proposal, a change order may be required. In addition, any Project changes, including to address unknown circumstances, additional work requested by you or changed requirements, will require a Change Order. Change Orders may also impact the Project timeline. You understand that, in all instances, Routeware's compensation will be based upon the work actually performed and expenses actually incurred.

Subscription Hardware Additional Terms -
All Hardware on this Order sold as a subscription is the property of Routeware. Throughout the term of this Order and at no additional cost to the Customer, Routeware will repair or replace defective Subscription Hardware purchased on this Order with a comparable unit, provided that, in Routeware's sole determination, the unit has not been damaged beyond normal wear and tear. Normal wear and tear includes battery/component failure, scratches and superficial damage to the top, bottom, and corners of the unit. That not covered under the replacement program includes, but is not limited to, damage from (a) drops, (b) immersion in water, (c) cracked screens Q-06838-1 - 9/10/2024

caused by excess pressure or hard devices, or (d) deliberate damage to the unit. Unit replacement costs resulting from damage not covered by the warranty is the responsibility of Customer. Customer shall surrender to Routeware any computers that are replaced under this program. Notwithstanding any other agreements or clauses on this matter in this agreement or others, Routeware reserves the right to increase monthly service if, in Routeware's sole determination, units are routinely abused or mishandled to the point of failure. Refer to Section 7.2 of the Routeware Master Sales and License Agreement for additional warranty details. At the conclusion of the License Period, Customer shall return all Subscription Hardware to Routeware in good condition and working order. In the event the Customer does not return all Subscription Hardware, or the Subscription Hardware is damaged, lost, or stolen while in the Customer’s possession, the Subscription Hardware will be deemed sold to Customer, and Customer agrees to pay the then-current list price (plus any applicable taxes) upon receipt of an invoice.

Q-06838-1 - 9/10/2024

City of Porterville - CA
Signature: \s1\ Date:\d1\
Name (Print): \n1\ Title:\t1\
Routeware, Inc., and affiliates
Signature: \s3\ Date:\d3\
Name (Print): \n3\ Title:\t3\
Please sign and email to Kevin Hahn at [email protected]

FOR INTERNAL USE ONLY
Reviewed By:
\s2\
Q-06838-1 - 9/10/2024

16525 SW 72nd Ave.

Portland, OR 97224
www.Routeware Inc..com
(503) 906-8500 | Corporate Offices
(877) 906-8550 | Toll Free
(503) 906-8544 | Fax
ROUTEWARE INC. CONFIDENTIAL PAGE 1 OF 6

STATEMENT OF WORK
Purpose
This statement of work (“SOW”) and any addenda attached hereto, sets forth the deliverables associated with the Routeware Inc. implementation of licensed software/subscription services (hereafter “Product” or “Services”) as determined by the applicable Master Sales and License Agreement and Professional Services Agreement, hereafter “Agreement”, executed by the city of Porterville CA (“Licensee” or “Customer” or “Subscriber”) and Routeware Inc. (“Licensor” or “Provider”).

This SOW and attached Addenda set forth the scope and objectives, project stages, project governance and objectives, gate checks and lifecycle stages, and change management, applicable to the implementation of the Product or Services as further identified within the Routeware Inc. line of business below:
☒EnCore (CORE)
☒EasyRoute (ER)
Routeware Inc.’s Gate Checks
Routeware Inc. will develop a project plan to manage the implementation lifecycle and to report on progress. Any requests for deviations to the project plan will be documented, reviewed, and approved by the respective project managers for the Customer and Routeware Inc. In addition, a summary of requested changes will also be reviewed during the scheduled gate check reviews. Changes must be mutually approved by both parties.

As part of its standard and proven project execution, Routeware Inc. will structure the project into several phases designed to ensure success. Routeware Inc. will work collaboratively with the Customer to develop a plan that details requirements, assigns responsibilities, and sets due dates – to best achieve the goal of meeting the designated go-live date with a minimum of business disruption. From the onset of the project, Routeware Inc. will assign a core implementation team.

Routeware Inc. will execute gate check reviews at the completion of the Discover, Design, and Deploy stages of the project lifecycle. The gate check reviews provide the following:

ROUTEWARE INC. CONFIDENTIAL PAGE 2 OF 6
Stage 1 - Discover
The Discover stage includes the comprehensive planning and resource scheduling for the duration of the project, including a review of the approach and governance, the cadence for status reporting, and clarification of roles and responsibilities for Routeware Inc. and Customer project team members. It also includes the requirements confirmation interview, documentation, and approval, along with the initial solution configuration based on Routeware Inc.’s best practices for a specific Customer’s needs, and the import of Customer data.

Stage 2 - Design
The “future state” is documented, reviewed, and approved by the Customer, including a validation of the data imported, upon which time the environment is provisioned, the solution installed, and the Customer provided access to the solution. There will be progressive “targeted” training and begin the solution familiarization process for key users, along with the creation of a validation plan to be used during the Deploy stage. The Routeware Inc. team performs an internal verification that the solution, as configured, is operating properly, and aligns with the approved requirements and future state configuration, reaching the milestone referred to as being “solution complete”.

Stage 3 - Deploy
The Deploy stage includes scenario-based training, followed by the Customer’s end-to-end validation of the solution across business scenarios/use cases identified and configured during the Discover and Design stages. Scenario-based training - typically conducted with Customer-identified “super users” - follows a tell, show, do model, where the individual delivering the training outlines the scenario, then demonstrates the scenario, and finally the super users complete an end-to-end example themselves using the “happy path”, a clean, well-executed process without exceptions. Upon completion of the validation plan, the milestone of “solution acceptance” is confirmed by the Customer. At go-live there is final training and practice for end users and drivers, with a focus on what a user needs to do in the system to complete the duties of a particular role, including handling of typical “operational exceptions” encountered on a day-to-day basis. The final system cutover is performed and Routeware Inc. aids the Customer during the go live event and stabilization period, helping to triage, manage and resolve issues that may arise, followed by a transition to support, and project closeout.

Services
The scope of Services outlined below provides a breakdown of the key components and gate checks of the Routeware Inc. implementation and the corresponding deliverables provided by Routeware Inc. and the Customer.

Routeware Inc. Deliverables Customer Deliverables
Discover Key activities include:
● Project kick-off
● Develop implementation plan/key
milestones
● Complete pre-implementation documents
● Review, document, and approve business
requirements:
o Scenarios
Key activities include:
● Define/assemble project team
● Project planning
● Define measures of project success
Key deliverables include:
● Process questionnaires
ROUTEWARE INC. CONFIDENTIAL PAGE 3 OF 6
o Reporting
o Integrations
o Data workshop/Data import
Key deliverables include:
● Draft project plan
● Session agendas
● Documented business requirements
● Environment provisioning/solution
installation
● Provide documented process to
model recommended configuration
● Provide sample data sets
Design Key activities include:
● Define, configure, document and approve
future state
● Conduct status meetings
● Update project plan
● Install solutions(s)
● Targeted training on data maintenance,
transactions etc.
● Solution familiarization exercises
● Drafting solution validation plan
● Creation of scenario-based training plan
● Conduct status meetings
Key deliverables include:
● Data import (3 imports into test
environment)
● Solution configuration
o Users
o Customers
o Equipment
o Routes
o Codes
o Other applicable data
● Session agendas
● Targeted training
● Final solution configuration
● Design gate check
● Project plan revisions
Key activities include:
● Customer completes recommended
Product training
● Attend all system configuration
sessions
● Complete all action items after each
system configuration session
● Required configuration and testing
● Internal process review
● Attend all design sessions
● Complete solution familiarization
exercises
● Attend all status meetings
● Begin work on change management
activities
Key deliverables include:
● Approved business requirements
● Provide data for import
o Accepted file formats
include .csv or .xml
o Updated data sets as
required
● Approved future state
configurations
● Enumeration of test plans
● Solution familiarization activities
● Data maintenance
● Transaction practice
● Solution validation
● Usage documentation and/or
standard operating procedures
(SOPs)
● Approval/sign-off
Deploy Key activities include:
● Scenario-based super user training
● Solution validation (user acceptance
testing, UAT)
● Creation of end-user training plan
● Solution acceptance milestone
● Conduct status meetings
● Update project plan
Key activities include:
● Solution validation activities
● End-user training plans
● Approval/sign-off
● Solution acceptance
Key deliverables include:
● End-user training and practice
ROUTEWARE INC. CONFIDENTIAL PAGE 4 OF 6
● End-user training and practice
● Go-live cutover
● Issue management and stabilization
● Transition to support
● Project closeout
Key deliverables include:
● Scenario-based training
● Readiness gate check
● Project plan revisions
● Go-live cutover and stabilization assistance
● Issue management and resolution
● Transition to support
● Project closeout
● Issue triage and management
Assumptions
● All data to be imported will be provided in the Routeware Inc.-approved .csv, .sql or .xml format, and will not require transformation during the import process.
● The Customer will provide adequate resources and key decision makers required to meet tasks associated with implementation milestones.
● The Routeware Inc. project manager will be the primary contact throughout the project, will coordinate the efforts of implementation consultants and subject matter experts (SMEs) throughout the project, and will establish a cadence of status meetings with the Customer. ● The data import process will validate the integrity of the data, and exceptions provided back to the Customer for resolution prior to final import.

Out of Scope
● Interfaces – No interfaces to 3rd party applications are included in this estimate. ● Custom Reports – Reporting is robust across all Routeware Inc. solutions. If you require unique custom reports, those will be scoped separately with an estimate for your consideration.

SOW Change Order
Changes to a SOW will require a written change order signed by the parties prior to implementation of the changes. Such changes may include, for example, changes to the scope of work and any corresponding changes to the estimated fees and schedule for the performance of the applicable Services. Upon Routeware Inc.’s receipt of a change order request from the Customer, Routeware Inc. will promptly notify the Customer if Routeware Inc. believes that the change order request requires an adjustment to the fees or to the schedule for the performance of the applicable Services. In such an event, the parties will negotiate in good faith a reasonable and equitable adjustment to the fees and/or schedule, as applicable. During such negotiations, Routeware Inc. may continue to perform Services pursuant to the existing SOW and will have no obligation to perform Services pursuant to the change order request unless and until the parties have executed an applicable change order. Any time and materials that are required to evaluate a change order request are billable at Routeware Inc.’s then-current standard rates.

ROUTEWARE INC. CONFIDENTIAL PAGE 5 OF 6
Pricing
An estimate for the Routeware Inc. Professional Services stated herein is set forth in the Order Form(s) # Q-06838 and is based on time and materials required as related to the Product or Service, Routeware Inc.’s current understanding of the Customer’s business requirements, and the expected future state of the project or a fixed fee. Any new SOW or changes or requests for additional Services hereunder shall incur additional charges billed at Routeware Inc.’s then-current rates.

The estimated fees are provided for budgetary purposes only. Fees for Professional Services will be billed on either a time and materials or fixed fee basis, as specified below, and shall be payable to Routeware Inc. in consideration of the Professional Services provided under this SOW. ☒ EnCore - Time and Materials
☒ EasyRoute – Fixed Fee
Professional Services Description Hours Rate Total
Project Management Project planning, resource coordination, status reporting, budget, risk and issue management
40 $225 $9,000.00
Implementation
Consultant(s)
Requirements confirmation, solution
configuration, documentation, training, go live
assistance
60 $225 $13,500.00
Data Migration Initial data import 60 $225 $13,500.00
EasyRoute Implementation
Consultant
Requirements confirmation, solution
configuration, documentation, virtual and onsite training, go live assistance ----- ----- $5,000.00
EasyRoute Service Pack Each service pack includes 30-hours of Professional Services hours for ongoing system
training and support
----- ----- $6,750.00
TOTALS $47,750.00
Fees shall be payable in accordance with the terms of the governing Agreement. Fees do not include charges for any taxes imposed by any government authority on the provision of Professional Services to you, and you shall pay any such taxes upon our invoice, including without limitation any sales or use tax a governmental authority may impose on the provision of Professional Services to you (but excluding any taxes based upon our net income).

ROUTEWARE INC. CONFIDENTIAL PAGE 6 OF 6
In addition to paying the fees described above, you will reimburse us for reasonable travel, lodging and other expenses incurred in connection with Professional Services under this SOW, provided that such expenses shall not be reimbursable unless we have provided you with receipts or other documentation reasonably substantiating such expenses or costs as part of the reimbursement request. Final acceptance of this SOW will follow the formal quote which includes this document.

Confidentiality Statement
This SOW, including all attachments, copies, and derivatives thereof, is considered Routeware Inc. confidential information, and is subject to all obligations of confidentiality set forth in the Agreement.

Routeware, Inc.
16525 SW 72nd Ave
Portland, Oregon 97224
United States
Phone: (503) 906-8500
Email: [email protected]
Order Form
Order #: Q-07082-1
Agreement Term: 36 Months
Offer Good Through: 10/9/2024
Ship To
Briana Spry
City of Porterville, CA
291 N Main St
Porterville, California 93257
United States
(559) 782-7586
[email protected]
Bill To
City of Porterville, CA
291 N Main St
Porterville, California 93257
United States

SALESPERSON PHONE EMAIL PAYMENT TERMS
Sean Ostlund (503) 906-8530 [email protected] Net 10 Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of Porterville, CA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Porterville, CA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent.

Routeware, Inc. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi-media.

BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-07082-1 - 9/9/2024

Services

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Program Tracker Implementation Each 1 USD 5,000.00 USD 5,000.00 Services Total: USD 5,000.00
Recurring Subscriptions

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Program Tracker Per Month 1 USD 2,285.00 USD 2,285.00
RST Data Import - Prepaid Per Month 4 USD 83.33 USD 333.32 Recurring Subscriptions Total: USD 2,618.32
Q-07082-1 - 9/9/2024

Payment Terms -
Software Fees are invoiced thirty (30) days after the Contract Start Date Order (the “Effective Service Date”).

Recurring Subscriptions shall be invoiced annually in advance, commencing on the Effective Service Date and on each successive anniversary thereof.

For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company’s invoice will have a date, an invoice number, a purchase order number and a description of the goods or services.

Terms & Conditions Information
This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. https://www.routeware.com/Clients Password: RWClient1!
Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes.

This system requires a specific server to operate Routeware software, which may need to be purchased separately.

This system requires cellular connectivity for each vehicle which may need to be purchased separately.

If route sequencing by Routeware is a requirement, additional professional services fees may apply.

On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware.

Any lapse in support voids perpetual license.

Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred.

Additional Terms -
"RST Data Import - Prepaid" allows four (4) data import per every twelve (12) months. A quote for any additional imports will be provided upon request.

Q-07082-1 - 9/9/2024

City of Porterville, CA
Signature: \s1\ Date:\d1\
Name (Print): \n1\ Title:\t1\
Routeware, Inc., and affiliates
Signature: \s3\ Date:\d3\
Name (Print): \n3\ Title:\t3\
Please sign and email to Sean Ostlund at [email protected]

FOR INTERNAL USE ONLY
Reviewed By:
\s2\
Q-07082-1 - 9/9/2024

Item No. 3.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Purchase Sideloader Elevator
SOURCE: Public Works
COMMENT: Vehicle #6681, a 2014 Peterbilt Residential Refuse Truck, has experienced failure of the container-lift elevator. The elevator and associated parts are proprietary components which can only be purchased directly from the manufacturer. This residential sideloader has at least three years of expected service life remaining.

Staff is requesting authorization to purchase the parts from One Source Parts, the manufacturer of the truck, as they are able to sell directly to the City. The estimated cost of the elevator and components, (bearings, rollers & bushings) is $10,394.56 (inclusive of all parts, taxes, freight, and a 10% contingency).

Funding is available in the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of the sideloader elevator and components from One Source Parts at a cost not to exceed $10,394.56 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment upon receipt of parts.

ATTACHMENTS: 1. One Source Parts Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Renewal of Public Safety Dell Server Warranties SOURCE: Police
COMMENT: At the March 5, 2019, City Council meeting, the Police Department was authorized to upgrade its Communications Center with the Motorola Solutions Spillman Flex Computer Aided Dispatch system. This upgrade included two Dell PowerEdge R640 servers that host the dispatch system. Currently, these servers are protected under a 5-year Dell ProSupport 4-Hour 7x24 Onsite Service warranty, which is set to expire this year.

To ensure continued support, we recommend extending this warranty for an additional two years at a cost of $6,634.12, plus the applicable sales tax. The requested warranty extension will provide ongoing access to Dell’s ProSupport, which includes on-site technician services and rapid delivery of replacement parts within 4 hours, 24/7, including most holidays. This swift response is essential for minimizing downtime and ensuring the reliability of one of our city’s critical services.

Staff obtained quotes from the following vendors:

Vendor Price
Dell Technologies $6,634.12
StrictlyTech $6,726.07
Southern Computer Warehouse $6,824.06
Based on the quotes provided, staff is requesting to purchase the Dell ProSupport warranty extension directly from Dell Technologies for two servers at the cost of $6,634.12, plus applicable sales tax. Funding for this warranty extension is available within the Police Department's General Fund, Measure H, and Measure I budgets.

RECOMMENDATION: That the City Council authorize the purchase of two Dell ProSupport 4-Hour 7x24 Onsite Service warranties for $6,634.12, plus applicable sales tax.

ATTACHMENTS: 1. DELL - US_Quote_3000178609377_4

2. StrictlyTech - 28316-Q7183531-135052-Robert Campos

3. SCW - Quote 1837468
Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Your quote is ready for purchase.

Complete the purchase of your personalized quote through our secure online checkout before the quote expires on Jun. 02, 2025.

You can download a copy of this quote during checkout.

Place your order
Quote No. 3000178609377.4
Total $6,634.12
Customer # 4023319
Quoted On Jul. 30, 2024
Expires by Jun. 02, 2025
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
Sales Rep Abdul Augusto
Phone (800) 456-3355, 6181696
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Message from your Sales Rep
Please use the Order button to securely place the order with your preferred payment method online. You may contact your Dell sales team if you have any questions. Thank you for shopping with Dell.

Regards, Abdul Augusto
Shipping Group
Shipping To
IT DIV

CITY OF PORTERVILLE
291 NORTH MAIN ST
PORTERVILLE, CA 93257-3737
(559) 791-7777
Product Subtotal
PowerEdge R640 Upgrades and Extensions $6,634.12
Service Tag: F62ZNY2
Service Description: ProSupport 4-Hour 7x24 Onsite Service Service Contract: Aug. 16, 2024 - Aug. 15, 2026
Service Tag: F630PY2
Service Description: ProSupport 4-Hour 7x24 Onsite Service Service Contract: Aug. 16, 2024 - Aug. 15, 2026
Service Tag: F62ZNY2
Service Description: ProSupport 4-Hour 7x24 Technical Support and Assistance Service Contract: Aug. 16, 2024 - Aug. 15, 2026

Service Tag: F630PY2
Service Description: ProSupport 4-Hour 7x24 Technical Support and Assistance Service Contract: Aug. 16, 2024 - Aug. 15, 2026
Subtotal:

Shipping & Handling:

Estimated Tax:

Total:
$6,634.12
$0.00
$0.00
$6,634.12

Unit Price Quantity Subtotal
PowerEdge R640 Upgrades and Extensions
Estimated delivery if purchased today:

Aug. 02, 2024
Contract # C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
$6,634.12 1 $6,634.12
Description SKU Unit Price Quantity Subtotal
ProSupport 4-Hour 7x24 Onsite Service 885-5841 - 1 - ProSupport 4-Hour 7x24 Technical Support and Assistance 885-5843 - 1 - Subtotal:

Shipping:

Estimated Tax:

Total:
$6,634.12
$0.00
$0.00
$6,634.12

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request.

Commercial Warranty Subscription Customers: By accepting your order confirmation, you are opting in to a recurring subscription for the services listed and allowing Dell to charge your payment method on file either monthly, quarterly or annually based on the selection in this order for the duration of the committed period. Dell has the right to charge an Early Termination Fee (ETF) if cancelled prior to the committed period. Other Subscription Customers: By accepting your order confirmation, you are opting into a subscription for the services listed and are allowing Dell to charge your payment method on file on a recurring basis. See the offer specific Terms and Conditions for details.

Commercial: https://www.dell.com/learn/us/en/uscorp1/commercial-sector-auto-renewal-terms You may opt out of automatic renewal at any time through the web portal used to manage your subscription. You may update payment and billing information through the Dell Digital Locker.

2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 28316
Date: 08/23/2024
Quote prepared for: Robert Campos
Bill To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7432
Email: [email protected]
Ship To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 862-BMDP ProSupport with 4-Hour Onsite Service Reinstate - Serial # F62ZNY2 8/25/2024 8/15/2026
Mfr:
$ 3,363.04 1 $ 3,363.04
*2 862-BMDP ProSupport with 4-Hour Onsite Service Reinstate - Serial # F630PY2 8/25/2024 8/15/2026
Mfr:
$ 3,363.03 1 $ 3,363.03
2 item(s) Sub-Total $ 6,726.07
Tax @ 0% $ 0.00
Freight $ 0.00
Total $ 6,726.07
(*) Tax exempted Part(s)
Quote Valid Until: 09/22/2024
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 541519, 334111
Unique Entity ID (SAM): DEGDRGZ32898
Terms and Conditions
Prepared by: Brandon Cullen Email: [email protected] Phone: 954-606-5440 Mobile: 304-240-9918 Southern Computer Warehouse
1395 S. Marietta Parkway
Building 300
Marietta, Georgia 30067
United States
http://www.scw.com
(P) 877-GOTOSCW
(F) 770.579.8937
Date
Aug 22, 2024 01:07 PM EDT
Modified Date
Aug 22, 2024 01:12 PM EDT
Quote (Open)
Quote #
1837468 - rev 1 of 1
Description
Server Warranty Renewal
SalesRep
Ortiz, Andres
(P) 877-GOTOSCW ext. 320
Customer Contact
Campos, Robert
(P) (559) 782-7432
[email protected]
Customer
City of Porterville CA (CO36053)
Campos, Robert
291 North Main Street
Porterville, CA 93257
United States
Bill To
City of Porterville CA
Payable, Accounts
291 N Main St
Porterville, CA 93257
United States
Ship To
City of Porterville CA

PO, REF
291 N Main St
Porterville, CA 93257
United States
Customer PO: Terms:

Undefined
Ship Via:

GROUND
Special Instructions: Carrier Account #:
# Image Description Part # Tax Qty Unit Price Total
1 Dell - ProSupport with 4-Hour Onsite Service Reinstatement 862-BMDP No 2 $3,412.03 $6,824.06 Note: No Reinstatement Fee
Period: Aug. 22, 2024 - Aug. 15, 2026
Assets: F630PY2, F62ZNY2
Contract
Open Market - Open Market
Quote valid for 30 days unless formal bid provides different term. Promotional pricing is valid only during term of promotion and while supplies last. All returns must be authorized and clearly marked with a valid RMA number. RMA's are subject to restock fees when applicable.

These prices may not include applicable taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or material unless specifically listed above.

Please note that expedited shipping charges are estimated, and could decrease or increase when invoiced. All prices are subject to change without notice. Supply subject to availability.
�
Subtotal: $6,824.06
Tax (9.2500%): $0.00
Shipping: $0.00
Total: $6,824.06
Item No. 5.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Distribute Request for Proposals - Purchase of Truck for Encampment Abatement Activities
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 during post-encampment removal.

Encampment vehicles travel through rugged terrain at times in route to encampment sites. Thus, one key asset to perform these encampment-related duties is a four-wheel drive truck, which was an item accounted for in the initial encampment budget, to be purchased. Features of the truck needed to satisfy performance measures include for it to be a four-wheel drive, have a V8 engine to tow a trailer, and for it to have a crew cab to haul multiple staff. In order for the truck purchase to be paid for from ARPA funds, a Request for Proposals process must be adhered to.

RECOMMENDATION: That the City Council authorize staff to distribute Request for Proposals for the purchase of a truck for the encampment abatement activities associated with enforcement of Ordinance 1905 to regulate unsafe camping.

ATTACHMENTS: 1. Draft RFP Encampment Program Truck
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR

PURCHASE OF TRUCK FOR ENCAMPMENT PROGRAM
RFP No. 24/25-XXXXXXX
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from businesses that are qualified to provide a bid on the basis of the truck meeting all necessary specifications, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The City intends to select one (1) qualified applicant to purchase the truck from for the City of Porterville. This document identifies the general scope and procedures in this process. Responding applicants must have relevant experience and the ability to provide the requisite professional services.

Submittal: One PDF version must be received by:
5:00 p.m., PST Friday, October 18, 2024
Addressed to: City of Porterville
Parks and Leisure Services Department
Attention: Donnie Moore
[email protected]
Email Subject: RFP No. 24/25-XXXXX Encampment Program Truck Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Proposals can also be submitted by email in a PDF format to [email protected].

Questions regarding this project are due no later than Wednesday, October 16, 2024.

The City of Porterville is an Equal Opportunity Employer.

I. INTRODUCTION
City, through its Parks Department, is initiating this RFP to solicit Proposals from businesses that are qualified to provide a bid on the basis of the truck meeting all necessary specifications, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The selected business shall be selected and determined through the City’s review of each response, considering the factors identified in this RFP, and any other factors that it considers relevant to serving the best interests of the City and its mission.

II. BIDS
All bids are to be compared on the basis of the vehicles meeting ALL necessary specifications. The City reserves the right to reject any and all bids or to waive any irregularities or informalities in any bid or in the bidding. Failure on the part of the bidder to comply with all requirements and conditions of the invitations for bid may subject their bid to rejection. No exception or deviation from these specifications will be considered unless each exception or deviation is specifically stated by the bidder as an exception and/or deviation. If bid is based on a cooperative agreement, include entity and contract number.

III. AWARD OF CONTRACT
The City reserves the right to award the bid to a bidder other than the low bidder if it is deemed to be in the best interest of the City. Consideration will be given, but not necessarily restricted to, price, terms, delivery, and prior performance, availability of parts and service, and warranty period.

IV. DESCRIPTION OF VEHICLE
Bids shall only include: (a) new, current model year or later, and unused, or are the manufacturer’s model in current production; (b) complete and standard in all respects; (c) fully assembled; (d) suitable for the intended purposes; and (e) shall not have been used for demonstration purposes.

Truck to include the following:
• Year- 2024 new
• Vehicle size – half ton
• Drive train- 4x4
• Engine- V8
• Fuel type- gasoline
• Transmission- automatic
• Cab type- crew cab
• Color- white
V. WARRANTY
In no event will a full warranty term of less than 12 months be considered. The purchase option of additional warranty coverage is required. The successful bidder shall furnish the City with a properly prepared and signed warranty prior to City acceptance of the delivered vehicles. The warranty shall guarantee the material and workmanship, and that the vehicles are properly designed and constructed to perform as intended. All materials, parts, labor, assemblies, and components shall be subject to the warranty conditions and terms, unless specifically exempted in writing and agreed to by the City.

VI. SAFETY/REGISTRATION
Vehicles shall be equipped to comply with all requirements of the State of California, Division of Industrial Safety, OSHA, and all other regulatory agencies affecting the final use of the vehicles.

VII. PAYMENT
The full contract price will be paid within 30 days following final acceptance by the City and receipt of a properly completed invoice.

VIII. REJECTION OF PROPOSALS
The City reserves the right to reject all Proposals received as a result of this RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City.

IX. ADDENDA
It is the responsibility of Proposer to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.

X. QUESTION DEADLINE
Questions regarding this project are due no later than Wednesday, October 16, 2024, through https://www.publicpurchase.com.

XI. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 5:00 p.m. PST on Friday, October 18, 2024.

XII. PROPOSALS
To be considered, Proposers must submit a complete response to this RFP using the format required on the Public Purchase website https://www.publicpurchase.com. One (1) original Proposal must be submitted to the City of Porterville’s Parks and Leisure Services via Public Purchase’s website, or submitted by email in a PDF format to [email protected].

XIII. RESPONSIBILITIES OF SELECTED BUSINESS
The selected business will be required to assume responsibility for all services offered in his/her Proposal, regardless of who produces them. Furthermore, the City will consider the selected business to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

XIV. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The selected business shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority businesses and women owned business enterprises are encouraged to apply.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.

XV. EVALUATION CRITERIA
The Proposals received will be reviewed by City Staff. This RFP is competitive and priority will be given to Proposals that most closely meet the needs of the City. All Proposals will be fully considered and rated by the evaluation team. The City may use some or all of the following criteria in its evaluation of Proposals submitted. The following list of criteria is not necessarily an all-inclusive list. The order in which criteria appear is not intended to indicate their relative importance:

A. Price: Analysis of cost competitiveness.

B. Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.

C. Understanding: The level to which the Proposer understands the needs of the City, and the scope of the RFP.

D. Proposer’s Experience: Recent experience in selling similar trucks.

E. References: Ability to provide references for the City’s review.

Item No. 6.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Distribute a Request for Proposals (RFP) for Architectural and Engineering Design and Support Services for a Zero-Emission Maintenance Facility
SOURCE: Public Works
COMMENT: The purpose of this report is to seek City Council authorization to distribute a Request for Proposals (RFP) to secure Architectural and Engineering (A&E) Design and Support Services for the development of a Zero-Emission Maintenance Facility.

As the City continues its commitment to sustainability and reducing greenhouse gas emissions, the transition to zero-emission vehicles within the City's fleet is a critical component of our environmental strategy. The construction of a ZeroEmission Maintenance Facility is a key step in supporting this transition, providing the necessary infrastructure to maintain and service electric vehicles and other zero-emission technologies.

To proceed with this project, the City requires the expertise of qualified architectural and engineering firms to provide design and support services.

These services will include, but are not limited to, the conceptual and final design of the facility, preparation of construction documents, cost estimating, construction support, and the preparation of required environmental documents, including compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).

The RFP will invite qualified firms to submit proposals detailing their experience, qualifications, and approach to providing the required services. The selected firm will work closely with City staff to ensure the facility meets operational needs, regulatory requirements, and sustainability goals.

The design of the Zero-Emission Maintenance Facility will emphasize sustainability by integrating green building practices and energy-efficient technologies. Functionality will be a priority, with design elements tailored to the specific needs of zero-emission vehicles. Additionally, the facility will be designed with scalability in mind, ensuring flexibility to accommodate future growth and advances in technology. Compliance with all relevant local, state, and federal regulations, including the preparation and submission of CEQA and NEPA documentation, will be mandatory.

The engineer's estimate for the project is $1,500,000, covering the anticipated costs of design and environmental documentation. At its Board Meeting on Item No. 6.

August 19, 2024, the Tulare County Association of Governments (TCAG) approved a resolution adopting the attached Revised SB 125 Project List, which identified the City of Porterville receiving $9,000,000 for this project. This funding will significantly contribute to the realization of the Zero-Emission Maintenance Facility.

The RFP process will follow the City's standard procurement procedures, ensuring a fair and transparent selection process.

Funding for this project will be provided through California Senate Bill 125 (SB 125) and the $9,000,000 allocated by the Tulare County Association of Governments (TCAG) as per the Revised SB 1125 Project List. These funds will cover the costs associated with the A&E services, environmental documentation, and other project-related expenses. The final contract award will be presented to the City Council for approval. 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 the distribution of a Request for Proposals (RFP) to provide Architectural and Engineering Design
and Support Services for a Zero-Emission Maintenance
Facility, including the preparation of all required
environmental documents such as CEQA and NEPA; 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. TCAG SB125 Project List

2. Draft Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
DRAFT TCAG ‐ SB 125 ‐ Amendment No 1
Allocation
TIRCP $    87% 48,671,620
ZETCP $       13% 7,372,833
$    56,044,453
TCAG 9,743,358 $
$    Balance 46,301,095
Project  Cost VT 19,311,832 $    42%
Lindsay Transfer Center Cost Increase 2,000,000 $       TCRTA 17,989,263 $    39%Farmersville Transfer Center Cost Increase 500,000 $          PT 9,000,000 $      19%VT ‐ Charging Infrastructure/ On Demand ZE Vans/Sedans 8,628,262 $       $   56,044,453TCRTA ‐ Charging Infrastructure (Transit Centers) Maintenance Facility Improvements $       9,257,702 $                  ‐ Balance TCRTA ‐ New Porterville ZE Maintenance Facility  9,000,000 $       TCRTA ‐ On Demand ZE Vans (19) 2,800,000 $      VT ‐  ZE Replacement Buses (5) 7,372,833 $      TCAG Admin (0.5%) 243,358 $         Cross Valley Express Bus Operations ‐ 3 Year Pilot 7,000,000 $      VT ‐ Microtransit Operations ‐ 3 Year Pilot  3,310,737 $      TCRTA ‐ Microtransit Operations ‐ 2 Year Pilot  5,931,560 $ $    56,044,453$                  ‐ Balance
New ProjectsAdjusted Projects

CITY OF PORTERVILLE
REQUEST FOR PROPOSALS NO. XXXXX

ZERO-EMISSION MAINTENANCE FACILITY DESIGN
September 24, 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 City of Porterville reserves the right to reject any or all proposals.

City of Porterville
Zero-Emission Maintenance Facility

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

ZERO-EMISSION MAINTENANCE FACILITY DESIGN
PROPOSALS will be received by the Transportation Department until 2:00 P.M. on Thursday, October 24, 2024, to provide California licensed Architectural and Engineering Design and Support Services for a Zero-Emission Maintenance Facility. Proposals must be submitted through the Public Purchase website.

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. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. In order to view bid information, vendors must properly register and complete their Public Purchase account with the City of Porterville. To register your account with the City, select the “Tools” menu and select the “Agencies” option.

Search for the City of Porterville and select “Register.” You will then be prompted to complete the registration process. It could take up to 24 hours for your account to become active.

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.

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:

September 24, 2024

City of Porterville
Zero-Emission Maintenance Facility
Table of Contents
Solicitation Instructions and Conditions...................................................................................................5

1. RFP/Agreement Schedule...............................................................................................................5

2. Background .....................................................................................................................................5

3. Knowledge of Conditions................................................................................................................6

4. Omission...........................................................................................................................................6

5. Communications to City.................................................................................................................6

6. Pre-Bid Meeting ..............................................................................................................................6

7. Request for Clarifications/Questions ............................................................................................7

8. DBE Participation Goals................................................................................................................7

9. Non-Solicitation of the City............................................................................................................7

10. Proposal Preparation..................................................................................................................8

11. Proposal Requirements...............................................................................................................8

12. Proposer’s Licensing Requirements..........................................................................................9

13. Minimum Qualifications.............................................................................................................9

14. Submission of Proposal...............................................................................................................9

15. Proposal Modification or Withdrawal ....................................................................................10

16. Validity/Terms of Proposals.....................................................................................................10

17. Revisions and Amendments to the Proposal...........................................................................10

18. Proposal Rejection ....................................................................................................................10

19. Protest Procedures....................................................................................................................11

20. Review of Proposals..................................................................................................................11

21. Scoring Criteria.........................................................................................................................12

22. Award.........................................................................................................................................12

23. Next Most Advantageous Bid...................................................................................................13

24. The Public Records Act and Trade Secret Information........................................................13

25. Proposer Affirmation................................................................................................................13 SCOPE OF WORK...................................................................................................................................15 Project Description and Statement of Purpose ..................................................................................15 Project Scope Elements ........................................................................................................................16 Exhibit B – Required Forms....................................................................................................................31 Exhibit C – Sample Professional Services Agreement...........................................................................35

City of Porterville
Zero-Emission Maintenance Facility

City of Porterville
Zero-Emission Maintenance Facility
Solicitation Instructions and Conditions

1. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public September 24, 2024
Informational Proposer Conference and Facility Tour N/A Deadline to submit questions October 8, 2024
Proposal submittal deadline @ 2:00 pm PST October 24, 2024 Short list established and vendors notified November 1, 2024 Interviews/Presentation with short-listed vendors (if required) November 7, 2024 Award of Contract @ City Council Meeting November 19, 2024 Contract Begins December 1, 2024

2. 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 City's sphere of influence includes rural areas surrounding the incorporated city and an urban area known as East Porterville.

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.

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

City of Porterville
Zero-Emission Maintenance Facility
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.

3. Knowledge of Conditions
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.

4. Omission
Notwithstanding the provision of drawings, technical specifications, or other data by the City, Bidders shall have the responsibility of supplying all details required to make an accurate offer of services even though such details may not be specifically mentioned in the scope of work or elsewhere in this RFP.

5. 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.

In order to receive bid notifications and view bid information, vendors must properly register and complete their Public Purchase account with the City of Porterville. To register your account with the City, select the “Tools” menu and select the “Agencies” option. Search for the City of Porterville and select “Register.” You will then be prompted to complete the registration process.

It could take up to 24 hours for your account to become active.

6. Pre-Bid Meeting
Not Applicable

City of Porterville
Zero-Emission Maintenance Facility

7. Request for Clarifications/Questions
All questions from any Proposers regarding the RFP or matters relating thereto shall be submitted to the City in writing no later than October 8, 2024. Each question shall identify the section number in this RFP for which clarification is being requested. The City shall respond via an Addendum to all properly submitted questions at least five (5) business days prior to the date that Proposals are due. The Addendum will be posted on the Public Purchase website. All such questions shall be submitted on the Public Purchase website.

8. DBE Participation Goals
If a DBE participation goal has been established for the RFP, Proposers must meet one (1) of the following criteria to be considered for the Contract:

A. Achieve the DBE participation goal as specified;
OR
B. Submit documentation detailing its good faith efforts.

If a DBE participation goal has not been established for this project, Proposers are encouraged to make every attempt to secure a level of DBE participation that contributes toward the achievement of the City’s overall DBE goal of 3.6%. When a goal has been established, the failure of the Proposer to either meet the participation goal or submit satisfactory evidence of good faith efforts may result in the Proposal being rejected as non-responsive.

9. Non-Solicitation of the City
During the period from the date of this RFP, through the period that the Porterville City Council approves the award of a Contract (including any period during which a procurement protest (“Protest”) has been filed and is pending), Proposers may not directly or indirectly contact any City Council Member, any City employee, or the City’s legal counsel regarding this RFP except for questions directed to the City as expressly provided in Section 5 above or except as expressly authorized under the Protest procedure set forth in Section 15. Any prohibited contact may result in the immediate disqualification of the Proposer from consideration for the award of the Contract and the rejection of any Protest.

Additionally, Proposers are hereby advised as follows:

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

City of Porterville
Zero-Emission Maintenance Facility

10. Proposal Preparation
Each Proposal shall be made only on this RFP. Each Proposal shall include the RFP number, title, and due date on the Proposal cover page, and shall be in the form of Portable Document Format (PDF) (Proposal Format)
The Proposer shall include in its proposal, at a minimum, the following information presented in a clear and concise format, in order to demonstrate the Proposer’s competence and professional qualifications for the satisfactory performance of the services outlines in the “Scope of Work” of this Request for Proposals.
1) A list of the most recent projects for which the Proposer has performed similar services of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.
2) A list of the Proposer’s principals, employees, agents, and subconsultants which the Proposer anticipates assigning to this Project. This list shall include a summary of the qualifications, licenses, and experience of each individual; the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual. The CITY will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement. 3) A detailed description of the methods by which the Proposer intends to perform the work set forth in the Scope of Work. The description shall include, at a minimum, the following items:

11. Proposal Requirements
Proposals should include the following:
• A cover letter summarizing the firm’s qualifications and experience. • A detailed approach to the project, including methodology, project management strategies, and quality control measures.
• Resumes of key personnel who will be assigned to the project, including their relevant experience.
• Examples of similar projects completed by the firm, including references. • A detailed fee proposal, including a breakdown of costs for each phase of the project. • A proposed project schedule, including key milestones and deliverables.

City of Porterville
Zero-Emission Maintenance Facility

12. Proposer’s Licensing Requirements
All personnel designated to work on this Project must possess valid licensing with all authorities having jurisdiction throughout the entirety of the Project. The performance specifications and any plans shall be prepared by a design professional (architect and engineer) who is duly licensed and registered in California. Proposers shall be licensed as an Architect or Engineer in accordance with California Business and Professions Code §§ (6700 – 6799) the laws of the State of California, County of Tulare, and City of Porterville.

Furthermore, the Proposing Company shall ensure that any and all sub-contractors fully comply with any other appropriate licensing requirements. The Proposing Company certifies that all information provided and representations made in the Proposal are true and correct, and made under penalty of perjury. Failure to provide the information requested on any certification forms or elsewhere as part of the Proposal may be cause for rejection of the Proposal.

13. Minimum Qualifications
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance.

Non-compliance with these requirements may disqualify the Proposal from further consideration.

A. The performance specifications and any plans shall be prepared by a design professional (architect and engineer) who is duly licensed and registered in California.

B. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.

C. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

D. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.

E. Firm must have a minimum of ten (10) years' experience and a demonstrated track record of quality work, knowledge, skills, and abilities in A&E services for designing public transit facilities preferably in an environment of similar size and scope as defined in this solicitation.

F. Licensed to do business in the State of California.

14. Submission of Proposal
Submit Proposal as a consolidated Portable Document Format (PDF) document to the Public Purchase website. Your Proposal must be received by CITY no later than until 2:00 P.M. on Thursday, October 24, 2024

City of Porterville
Zero-Emission Maintenance Facility

15. Proposal Modification or Withdrawal
Prior to the date and time set for the receipt of Proposals, a Proposal may be modified or withdrawn by the Proposer. All such modifications shall be made in writing, any request to withdraw a Proposal shall be in writing and received by CITY (in the same manner as the Bid was submitted) by no later than the deadline date and time set forth for the receipt of Proposal. If timely received, CITY shall discard Proposal, to the Proposer, with the Proposer’s consent. If a modification is timely received by CITY prior to the date and time set for the receipt of Proposals, then that modification shall be considered by CITY as a part of the original Proposal.

16. Validity/Terms of Proposals
Proposals shall be valid for not less than one hundred and eighty (180) days after the due date and time for the receipt of Proposals. In the event of a Protest, the one hundred and eighty (180) day period shall be extended, and the Proposals shall remain valid for a period of ninety (90) days after the earlier of (i) the resolution of the Protest, and the posting of said award (see below), and no further Protest. Please see Exhibit P for submission of this requirement.

17. Revisions and Amendments to the Proposal
CITY reserves the right, in its absolute discretion, to revise or amend this RFP, including the Scope of Work, up to the time set for receipt of the Proposals. Any such revision or amendment, if any, notification shall be sent via Public Purchase to all Proposers who have requested a copy of this RFP and furnished CITY with their correct email address. In the event that this RFP is revised or amended within five (5) business days of the date set for opening Proposals, CITY may extend the RFP opening date. The form transmitting the revision or amendment shall be signed by the Proposer, acknowledging its receipt, and copy of the signed document shall be included in the Proposal documents. Failure to (i) sign the form transmitting the revision or amendment, and (ii) include the signed form in the Proposal may, in CITY’s sole and absolute discretion, result in the rejection of the Bid.

18. Proposal Rejection
CITY may at any time reject any (i) Proposal which CITY deems, in its sole and absolute discretion, to be incomplete, (ii) Proposal which CITY deems, in its sole and absolute discretion, fails to conform to the requirements of this RFP, or (iii) Proposal which CITY deems, in its sole and absolute discretion, takes exception to the Scope of Work. CITY reserves the right in any event to (a) waive any informalities or irregularities in any Proposal which CITY determines, in its sole and absolute discretion, to be minor, or (b) reject all Proposals and resolicit the procurement.

City of Porterville
Zero-Emission Maintenance Facility

19. Protest Procedures
In the event any person wishes to file a Protest regarding this RFP, such Protest shall be made in accordance with CITY 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. 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 CITY FTA Procurement and Contract Administration Manual and the provisions of this Section, CITY in its discretion shall determine which provision governs.

By way of background, all Bidders understand and agree that the procurement process undertaken by virtue of this RFP is solely for the benefit of CITY, and it is for CITY to determine in its discretion which Proposal CITY desires to accept. CITY has provided for a Protest procedure not to grant any rights to any particular Proposer but, rather, to provide 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 CITY may, in its discretion, determine whether or not to reject any Protest.

In the event a Protest is rejected, the Bidder may appeal the rejection as set forth in CITY FTA Procurement and Administration Manual or herein but, again, said appeal shall be decided by 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 CITY FTA Procurement and Contract Administration Manual. In addition, the appeal process set forth in the CITY FTA Procurement and Contract Administration Manual is exclusive and upon the exhaustion of the appeal, no further appeal may be taken, or separate suit filed against CITY.

By virtue of submitting its Bid, any Protesting Party expressly agrees that its remedies are exclusively limited to the CITY Protest procedure set forth in CITY 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 CITY. The foregoing is a material consideration in the consideration by CITY of any Proposal.

20. Review of Proposals
After the proposals are received and opened by the CITY, the CITY shall review and evaluate all proposals for responsiveness to the Request for Proposals to determine whether the Proposer possesses the professional qualifications necessary for the satisfactory performance of the services required. The CITY shall also investigate qualifications of all Proposers to whom the award is contemplated, and the CITY may request clarifications of proposals directly from one or more Proposers. It is anticipated that this review period could last up to approximately thirty (30) days.

In reviewing the proposals, the CITY may consider the following:

City of Porterville
Zero-Emission Maintenance Facility
1) The experience and past performance of the Proposer and its agents, employees, and subconsultants in completing the project of a similar type, size, and complexity. The CITY may consider Proposer’s timely and accurate completion of similar projects within budget. 2) The feasibility of the proposal based upon the performance and cost schedules, and the methodology to be used by the Proposer.
3) Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this Request for Proposals. 4) Proposed budget and timeline to complete the work.
5) Any requested changes to the CITY’s standard Professional Services Agreement. 6) Understanding of community growth and the impacts to community transit. 7) Ability to use traffic modeling reports to assist in transit analysis. 8) Each Proposer must be an equal opportunity employer and agree to comply with all applicable required Federal clauses.

21. Scoring Criteria
The RFP received by the CITY for the Zero-Emission Maintenance Facility will be scored according to the following criteria:
• (10) Qualifications and experience of the firm and key personnel • (10) Understanding of the project and proposed approach • (30) Experience with similar projects, particularly in the design of zero-emission or sustainable facilities
• (20) Quality and completeness of the proposal
• (15) Proposed fee and alignment with the project budget • (15) Ability to meet the project schedule

22. Award
The Contract may be awarded to the responsive and responsible Proposer whose proposal, in the sole and absolute discretion of CITY, conforms to the Solicitation and is most advantageous to CITY. The Proposer recommended for award must sign a complete Contract prior to final award (which will be based on the sample Contract provided in the Solicitation). The selected Proposer is required to enter into a Contract with CITY in accordance with the terms of its Proposal.

City of Porterville
Zero-Emission Maintenance Facility

23. Next Most Advantageous Bid
In the vent that the selected Proposer fails or refuses to enter into a contract with CITY, then CITY may award the contract to the Proposer who submits a Proposer that CITY determines, in its sole and absolute discretion, is the next most advantageous to CITY. CITY also reserves the right at any time, in its absolute discretion, to cancel the RFP.

24. The Public Records Act and Trade Secret Information The Proposer is aware and understands that CITY is a public entity and, as such, is subject to the California Records Act. Subject to certain exemptions, Proposals received by CITY are public records and may be subject to disclosure upon the earlier of such time as CITY provides notice of its decision or intended decision to award a contract or thirty (30) days after the date that Proposals are opened. The Proposer is aware of this fact and that it is possible that its Proposal may be disclosed by CITY pursuant to a public records request, particularly if another Proposer files a protest to the procurement.

A Proposer’s Proposal may include certain information which the Proposer believes to be a “trade secret.” If a Proposer would like CITY to treat such information as confidential, particularly in the event CITY receives a public records request, then the Proposal shall clearly, in bold and large type, identify the specific information which it deems to constitute a trade secret and be confidential. It is unacceptable to CITY for the Proposer to classify, for example, its entire Proposal as trade secret and thus confidential.

In the event CITY receives a request for a copy of a Proposer’s Proposal, CITY shall endeavor to notify the Proposer and shall endeavor to comply with the Public Records Law as to what is required to be produced. Absent any clear identification by the Proposer that a portion of its Proposal is a trade secret and is confidential, CITY shall furnish a copy of the Proposal in response to any valid public records request and CITY shall have no liability whatsoever for such disclosure.

If the Proposer so identifies a portion of its Proposal as being a trade secret and confidential, or if CITY, in its discretion, determines that a portion of the Proposal is not subject to disclosure and should not be disclosed (such as if the disclosure would compromise CITY security systems), CITY shall endeavor to assert said exemption. In the case of any exemption being asserted by CITY based upon action by the Proposer (e.g., the Proposer asserts that information in its Proposal is a trade secret and, as a result, CITY declines to satisfy a public records request for the portion of the Proposal which has been identified as a trade secret), the Proposer shall indemnify and hold CITY harmless for any claims, expenses, including attorney’s fees, that CITY may incur if the person requesting said information pursues its demand that the public record be furnished.

25. Proposer Affirmation
By submitting its Proposal, the Proposer affirms and declares:

City of Porterville
Zero-Emission Maintenance Facility

1. That the Proposer or its subcontractors have the capability to assure performance of work within the time specified under the Contract.

2. That the Proposer has the capability of providing personnel to satisfy any technical or service problems that may arise during the term of the Contract.

3. That the Proposer has the necessary labor, tools, and financial resources to complete the Contract in a satisfactory manner and within the required time.

4. That no other person, form or corporation has any interest in its Proposal, or the Contract proposed.

5. That the Proposer has not divulged to, discussed, or compared its Proposal with other Proposers and has not colluded with any other Proposers or parties to a Proposal whatsoever. (NOTE: No premiums, rebates, or gratuities are permitted either with, prior to, or after any delivery of goods or services.) Any such violation shall result in the cancellation and/or return of goods or services (as applicable) and the removal of the offending vendor from Proposal List(s).

6. That the Proposer and its subcontractor are not currently in arrears to CITY and have not defaulted, as a surety or otherwise, under any obligation to CITY.

7. That the Proposer is not on the Comptroller General’s list of ineligible contractors.

8. That, if awarded the Contract, the Proposer shall no discriminate against any employee or applicant for employment because of race, religion, color, sex, creed, age, disability, or national origin.

City of Porterville
Zero-Emission Maintenance Facility

SCOPE OF WORK
The City of Porterville is seeking proposals from qualified California licensed architectural and engineering firms to provide comprehensive design and support services for the development of a Zero-Emission Maintenance Facility. This facility will support the City’s growing fleet of zeroemission vehicles and contribute to our sustainability goals. The selected firm will be responsible for delivering a fully functional facility that meets all regulatory requirements, operational needs, and environmental standards.

Project Description and Statement of Purpose
The City’s Maintenance Facility located at 555 N. Prospect St., Porterville, CA 93257 was constructed over 50 years ago. To meet the California Air Resources Board’s (CARB) Innovative Clean Transit regulation, the City of Porterville must transition to a fully zero-emission fleet by 2040. The City approved a battery-electric bus (BEB) preferred path. The current maintenance facility is undersized and cannot meet the needs of the City. In addition, the current maintenance facility does not have on-site employee parking, adequate office space, and adequate breakroom facilities.

The City is seeking Architectural and Engineering (AE) Design and Support Services for a ZeroEmission Maintenance Facility that will accommodate both Compressed Natural Gas (CNG) and Zero-Emission vehicles, office spaces and a training room, employee restrooms, parts rooms, and on-site parking for both employees and vehicles staged for servicing. The goal of the project that are set forth to be accomplished in the architectural concept are to provide a zero-emission maintenance facility design that meets the city’s needs, and supports the fleet’s transition to zeroemission.

This is a public works Project. The successful awardee shall be responsible for the payment of prevailing wage rates, the training of apprentices, and compliance with other related requirements.

Contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) at the time of contract award. (See Labor Code sections 1725.5 and 1771.1.) Each Proposer must submit proof of contractor registration with the DIR prior to commencing work (e.g., electronic copy of the relevant page of the DIR's database found at https://www.dir.ca.gov/publicworks/contractor-registration.html. This Agreement is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.

The proposed project will be located adjacent to the City’s Corporation Yard, 555 N. Prospect St., Porterville, CA 93257. A map of the proposed project area is located below.

City of Porterville
Zero-Emission Maintenance Facility
It is the City’s desire to construct the Zero-Emission Maintenance Facility that will consist of a new operations, training, and maintenance facility. The Zero-Emission Maintenance Facility calls for approximate 15,000 sq. ft maintenance space and 5,000 sq. ft operations and training space, along with lighted staff and stagged vehicle parking, and include energy resiliency features such as on-site solar power generation and on-site power storage. The facility will be designed for the maintenance of CNG and Battery-Electric vehicles, and as such, should include charging infrastructure within maintenance bays.

No preliminary studies have been completed for this project. Consultants are required to perform all work necessary to obtain environmental clearance from the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), including environmental site assessments, geotechnical engineering report, and water and soil testing.

Consultant services firm shall provide for the incorporation of the following project scope elements, including but not limited to:

Project Scope Elements
City’s Preferred Features
Commercial Pre-Engineered Metal Building
• Insulated panels and roof
• Energy Efficient & Green Build Design
• (10) Service Bays
o (4) Service Bays with in-ground lifts
o (1) Pull-Through Service Bay

City of Porterville
Zero-Emission Maintenance Facility
• (1) Welding Bay
• (3) Office Spaces
• (1) Break/Training Room
• (2) Employee Restrooms/Lockers/Shower
• (1) Parts Room
• (40) Parking Spaces for vehicles to be staged
• (15) Employee Parking Spaces
• PV-BESS Ready
• Designed with planned growth
Task - Project Management
• Meetings and Coordination: Consultant shall support the coordination of planning and engineering design development activities with other involved stakeholders for compatible design and construction phasing with existing or planned conditions. • Project Administration: Consultant shall provide timely and accurate reports, meeting minutes, schedules, field reviews, tracking of action items for the City and any Consultant sub-contractors, and preparation of all required submissions to local, State, and Federal stakeholders. Additionally, the Consultant shall provide data to the City’s staff over the Project lifecycle for administrative controls, meetings, progress reports, design reviews, and schedules.
• The Engineering plans, specifications, estimates, calculations, sequencing plans, and related reports shall be prepared under the responsible charge of the appropriate Registered Engineers(s) (e.g.: civil, electrical, mechanical, geotechnical) and Architect(s). • All design work for the City facility shall conform to the City’s standards, guidelines, manuals, and policies as of the date of contract execution. • Construction specifications and cost estimates for the Project shall use the edition of CSI/MasterFormat deemed appropriate by the City.
• All work shall conform to applicable federal, state, and local codes and other regulatory requirements.

Task – Design Work Sessions
The Consultant will be expected to meet with administrative, operations and maintenance staff as needed to develop an understanding of the desired outcome through up to 3 (three) design work sessions. The design work sessions should include the development of relevant sketches and basic modeling to help determine the Project’s design direction. At the conclusion of this phase, it is expected that the Consultant will have a clear vision of the Project to be developed to support the environmental review process. The Consultant shall establish applicable design criteria for the facility and obtain approval from the City. This effort is expected to include but may not necessarily be limited to the following tasks:

City of Porterville
Zero-Emission Maintenance Facility
• Analysis of facility needs and equipment (Initial estimates of facility approximate size, building type and functions are identified as follows, and are not necessarily inclusive of ultimate facility needs).
o Operations & Training Space – 5,000 sq. ft.
o Maintenance Building – 15,000 – 20,000 sq. ft.
 10 bays
o Parts Storeroom – 2,000 sq. ft.
o Outside Storage – 2,000 sq. ft.
o Staff Parking – 15 spaces.
o Stagged Vehicle Parking – 40 spaces.
• Accommodation of adjacent property needs.
• Facility outdoor seating and lighting for employees.
• Accommodation of City requirements and future conditions such as, street lighting, storm drain, sewer, sidewalk/roadway improvements and utility upgrades • Safety and security of facility and assets
• American with Disabilities Act (ADA) compliance
• Incorporation of green building and resiliency technologies (including solar) Task – Site Civil Design
Consultant will provide a geotechnical survey of the Zero-Emission Maintenance Facility. At a minimum, surveying shall locate physical features such as sidewalks, trees, utilities, building footprints, storm drain, sewer and any other features considered customary for the development of 3-Dimensional surface topographic mapping. Surveying shall be accurate to the City’ssatisfaction, prior to proceeding with assessment of any building design, roadways alignments, and structural alternatives in association with the adjacent roadway and/or property improvements. The Consultant will provide a geotechnical report and recommendations corresponding to the design intent of the site.
• Pavement and curbs. The Consultant will develop a conceptual pavement and curbing plan that is designed to accommodate the infrastructure, structures, landscape, irrigation, lighting, and transit operation needed for the Project site. Structural Best Management Practices (BMPs) shall be incorporated into the street design for stormwater quality improvements prior to entering natural waterways.
• Lighting. The Consultant will develop a lighting plan. The photometric plan will maximize the efficiency of the anticipated lighting infrastructure and explore options for passive lighting where possible.

Task – Power Design & Charging Infrastructure
• Evaluation of Transformer and Facility Charging Locations.

City of Porterville
Zero-Emission Maintenance Facility
• The Consultant will coordinate with the local utility provider (SCE) regarding the service size/load, the utility infrastructure location(s), and construction schedule, and provide a conceptual layout for the utility and charger locations. The City considers this element of the Project to be critical for advancing coordination with SCE to ensure sufficient power can be provided, produced or stored on site to ensure the operability of the facility upon completion.
• Maintenance shop chargers shall be consistent and convenient with vehicle charging ports and the maintenance shop layout.
• The conceptual design should account for the anticipated operational needs, benefits from planned redundancy and system resiliency, and phased battery-electric vehicle deployment.
• The design will maintain a minimum level of 50% operational capacity in the event of failure of any one (1) major component of the charging system. The design will be resilient in that failure of any one individual component should not disable other components as well.
• The Consultant will identify potential risks, develop a planning/conceptual level cost estimate, and identify regulatory requirements regarding the power supply. • The Consultant shall evaluate the concept and provide a preliminary charger layout based on the currently available technology to optimize space, flexibility, traffic flow, and maintainability.

Task – Solar Panel Design
• The Conceptual solar panel design shall also include the preliminary coverage as well as panel alignment to maximize the solar capture.
• While BEB chargers will be installed in stages, the City would like to consider installing a significant portion of the solar panels during the initial construction phase. Solar interconnection to the grid is to be coordinated with SCE during the conceptual design. • A one-line diagram of the solar generation subject to change in future phases, including inverter, metering, and connection to the existing electrical system. • Battery Energy Storage System (BESS) Design is addressed separately; see below.

Task – Energy Management Systems

City of Porterville
Zero-Emission Maintenance Facility
• The Consultant shall evaluate and recommend which automatic charge management systems (i.e., smart charging) are optimal for the City to provide a fully operational fleet while also reducing electrical fees and demand charge rates.

Task – Future Provisions
To reduce electrical outages, minimize excavations, and minimize the impact on operations during future construction and deployments, the conceptual design shall include future provisions for the items listed below.
• Provide means to minimize electrical outage time
• Provide means to minimize the impact on facility operations • Locations for future backup power supply:
o Future connections to Battery Energy Storage System (BESS). o Locations/footprint for such future BESS applications have not yet been determined; such units/modules may be located stand-alone, building roof-top, etc. o Provide a one-line diagram for BESS/inverter interconnections o Provide BESS panel and inverter cut sheets, if any
o Provide SCE requirements for BESS interconnection, if any. o Electrical supply conduits and capacity for future conversion to electric vehicles.

Task – Architecture/Structural
Structures shall be constructed of suitable materials required for durability and longevity in a highly corrosive environment. Consultant to provide performance specifications. At-grade paving, curbing, parking, and walkways shall be concrete. • All at-grade areas are to be designed accessible for people with disabilities and confirmed ADA compliant.
• Consider the City’s commitment to LEED Silver Certification, Natural Lighting, Clean Energy, and Renewables
• Future: Consultant to allow provision for future utilities and infrastructure. • Consultant shall prepare Conceptual Structural Engineering drawings for all anticipated structures at the Zero-Emission Maintenance Facility.

Task – Transit and Facilities
Consultant shall provide conceptual layouts for BEB Charging Infrastructure, located within maintenance bays and associated employee and stagged vehicle parking. All options must be scalable for future fleet growth.
• Parking Layout and Circulation
• Consultant shall present Site Circulation options for the layout of the initial CNG and BEB mixed fleet including the anticipated bus flow, bus turn radius, employee parking,

City of Porterville
Zero-Emission Maintenance Facility
employee walkways, etc. All layouts shall include both an initial state and a final zeroemission state. • Consultant’s Site Circulation Plan shall include the anticipated flow of buses through cleaning, maintenance, servicing, and storage. Additionally, employee parking space requirements and the flow of employee and fleet vehicles to and from the street and within the property shall be considered in the layout.

Task – Opinion of Probably Cost
Consultant shall develop an Opinion of Probable Cost memorandum that identifies the cost estimate for the entire construction of the project broken down by task and construction element.

Construction specifications and cost estimates for City projects shall use the CSI/MasterFormat determined by the City. Cost estimate must show separate labor and materials unit cost detail.

Task – Coordination During Work in Progress
Project Meetings:

Coordinate with City Staff through progress meetings and participate in discussions, meetings, and/or teleconferences with City Staff and designated consultants as needed. Progress meetings shall be scheduled in advance by mutual agreement; typically, at 2-week intervals. • Prepare agenda and conduct Project status meetings bi-weekly. Record, provide, and distribute meeting notes/minutes for review and comments to all attendees within 3 workdays of such meetings. All such documents (in addition to all material Project documentation created pursuant to the Agreement) will be made available to any potential proposers in future Project phases.
• Any meetings, either in the field or at the City’s office shall be attended by the Project Manager and members of key staff. The City will decide which meetings will be held virtually and in person. The City anticipates primarily utilizing virtual meetings.

Project Progress Reports:

Submit Monthly Progress Reports to the City’s Project Manager which shall include the following information:
• Scope of services: issues that may affect the scope of baseline services. • Progress Schedule: a milestone list showing the chronology of deliverables and other key events in a simple and helpful way to discuss the schedule. • Key Activities: key activities occurring during the previous reporting period as well as the ones planned for the next reporting period. Ensure that key activities are consistently identified/indexed across all Project documents.
• Issues: explanation of unusual events that have occurred or may occur that could affect the Project scope, schedule, budget, and quality.

City of Porterville
Zero-Emission Maintenance Facility
• Risk Report: explanation of risk items to be added to the risk register and suggest solutions to mitigate the risk so their impacts are minimized.

Pre-Construction Project Schedules:

Schedule(s) shall be prepared and updated as follows:
• Identify key milestones or decision points to ensure the Project progresses efficiently, and with the concurrence of the City’s Project Manager prior to starting each major activity. • Monitor activities for each task and identify deadlines or cut-off dates for decisions and changes.
• Identify each discipline or subtask as appropriate required for each task. • Reflect requirements outlined in the Deliverables as shown for each task/subtask.

Design Review Meetings:
• Consultant shall prepare a presentation and conduct a meeting/discussion at the City’s office for design work. This presentation will include the design approach, the key features of the design, significant design and constructability and logistical issues, and any significant estimating assumptions, regulatory and local issues as well as other constraints.

Record and provide meeting notes/minutes.
• The presentation and supporting documents will identify design features and developments applicable to obtaining CEQA and NEPA environmental clearances. The Design Review meeting will include the latest Project documents to date. These shall include, but not be limited to: plans, specifications, cost estimates, field data/measurements, preliminary calculations, OEM literature, construction schedules, and supporting documents/reports. • Consultant shall furnish presentation media in one or more of the following formats – MS Word, MS Excel, MS PowerPoint, and/or Adobe PDF. The Design Review meetings shall be attended by the Consultant’s Project Manager and may include one or two member(s) of key members and/or sub-consultants of the project team. The City’s participants may include broad members from various departments and may include third-party consultants as well.

Draft Project Design Report:
• Consultant shall prepare and submit “Draft” Project design report which will document all obtained information, any proposed alternatives, and features (maximum of 75 pages).

Upon review by the City, Consultant shall prepare six (6) final copies of the Project Preliminary Design Report.
• Provide a time schedule estimating the anticipated time for completion of major design components associated with preliminary design activities.

Design Review Meeting at Project Manual Completion Stage:

City of Porterville
Zero-Emission Maintenance Facility
• Consultant shall deliver the complete Project Manual presentation after the City has accepted the complete Project Manual. Consultant shall schedule the presentation in coordination with the City’s Project Manager prior to delivering the final presentation.

Consultant shall anticipate requested changes and allot adequate revision time for the City prior to finalizing the Project Manual and delivering the final presentation. • Consultant shall prepare a presentation and conduct a meeting/discussion at the City’s office for design work at the Project Manual completion stage. This presentation will include the conceptual design approach, the key features of the conceptual design, significant design and constructability and logistical issues, and any significant estimating assumptions, regulatory and local issues as well as other constraints. Record and provide meeting notes/minutes.
• Consultant shall furnish presentation media in one or more of the following formats – MS Word, MS Excel, MS PowerPoint, and/or Adobe PDF. The presentation will include conceptual plans, drawings, specifications, cost estimates, construction schedules, and support documents. Support documents shall include, but are not limited to, a ‘design basFTAis’ memorandum, drawing set, specifications, probable cost estimate, engineering support data, preliminary calculations, constructability review, design variance request summary (if applicable); site data and Geotech report, and utility coordination. • The Design Review meeting at the Project Manual completion stage shall be attended by the Consultant’s Project Manager and may include one or two member(s) of key members and/or sub-consultants of the project team. City participants may include broad members from various departments and may include third-party consultants as well.

Task – Technical Design Support
• Upon successful completion of the Project Manual, the Consultant shall provide technical support through construction.
• Consultant shall provide technical support to the City in procuring the Construction Contractor. Tasks include but are not limited to providing specifications, drawings, responding to proposer's questions, evaluation support, and other support during the procurement process in accordance with the City’s procurement and Project delivery schedule.
• Consultant shall provide technical resource support to the awarded Construction Contractor during the Project delivery as requested. Tasks include, but are not limited to, responding to Request for Information (RFI’s), reviewing proposed changes, and Project schedule considerations. The deliverables and schedule will be aligned with the City’s Project delivery schedule in coordination with the Construction Contractor.

Task – CEQA and NEPA Environmental Clearances
• Consultant shall complete all work, provide all documentation, coordinate and attend all meetings necessary to obtain CEQA, NEPA, and all other permitting entities environmental clearance approval for the Project.

City of Porterville
Zero-Emission Maintenance Facility
• Consultant shall first assess the Project's eligibility for CEQA and NEPA Categorical Exclusions, considering environmental factors, compliance requirements, Project design, and the intent of the Project. Obtaining Categorical Exclusions should be the primary objective of the Consultant in pursuit of environmental clearance for the Project. • This Project will be coordinated with the City which will ultimately determine the depth and breadth of the CEQA Environmental Analysis.
• If the Project is ineligible for a Categorical Exclusion, Consultant shall prepare all CEQA documents per the requirements of the California Environmental Quality Act for the proposed Project. Consultant shall conduct all required studies and provide all required documents including, but not limited to, Initial Study, Negative Declaration or Mitigated Negative Declaration as required by the California Environmental Quality Act for the proposed Project. The documents shall analyze all potential environmental factors affected by the proposed Project and evaluate all environmental impacts as required by California State law.
• If the Project is ineligible for a Categorical Exclusion, Consultant shall prepare all NEPA documents per the requirements of the National Environmental Policy Act for the proposed Project. Consultant shall conduct all required studies and provide all required documents including, but not limited to, an Environmental Assessment and an Environmental Impact Statement as required by the Federal Transit Administration for the proposed Project. The documents shall analyze all potential environmental factors affected by the proposed Project and evaluate all environmental impacts as required by the National Environmental Policy Act. If NEPA documentation is required, Consultant shall integrate an Environmental Justice Analysis into its NEPA documentation consistent with the requirements listed in the City’s FTA Title VI Program. • Consultant shall keep the City informed of progress and promptly address any comments or concerns raised by the State of California during the review process.

Task – Additional Considerations
• Risk Protector/Vandalism/Accidental Incidents. The inclusion of Bollards and/or other protective design elements necessary to protect vital equipment at the Zero-Emission Maintenance Facility.
• The inclusion of CNG methane detection systems
Consultant Deliverables
Project Completion Dates
• Project Manual: Due 6 months after contract execution.

City of Porterville
Zero-Emission Maintenance Facility
Project Management
• Meetings and Coordination: The Consultant shall support the coordination of planning and engineering design development activities with other involved stakeholders for compatible design and construction phasing with existing or planned conditions. • Project Administration: Consultant shall provide timely and accurate reports, schedules, and data to City staff over the Project lifecycle for administrative controls, meetings, progress reports, design review, and schedules.
• The Engineering plans, specifications, estimates, calculations, sequencing plans, and related reports shall be prepared under the responsible charge of the appropriate Registered Engineers(s) (e.g.: civil, electrical, mechanical, geotechnical) and Architect(s). • All design work for the Project shall conform to City standards, guidelines, manuals, and policies as of the date of contract execution.
• Construction specifications and cost estimates for the Project shall use the edition of CSI/MasterFormat deemed appropriate by the City.
• All work shall conform to applicable federal, state, and local codes and other regulatory requirements.

Design Work Sessions
• Establish applicable design criteria for the facilities and obtain approval from the City. • Meet with administrative, operations and maintenance staff as needed to develop an understanding of the desired outcome through up to three (3) design work sessions.

Site Civil Design
• Civil Plan Set
o Site plans (2)
o Utility plan
o Civil details
o Lighting plan
• Site Survey Report
• Geotechnical Report
Power Design & BEB Charging Infrastructure
• Conceptual transformer layout drawing;
• Conceptual charger layout drawing
• Pro/con list of transformer and charger locations
• Pro/con list for charging equipment manufacture/type
• Lists of applicable electrical regulatory requirements Solar Panel Design
• Conceptual solar design drawings

City of Porterville
Zero-Emission Maintenance Facility
• Solar panel cut sheets, including inverters
• One-line diagram for solar interconnection, subject to change in future phases • Description of SCE requirements for solar interconnection Energy Management Systems
• Analysis, for independent City evaluation of available energy management software systems that meet the City’s requirements.

Future Provisions
• Analysis, for independent City evaluation, of available backup power systems based on evaluation above
Architecture/Structural
• Conceptual Architectural Drawings including plans and details demonstrating ADA accessibility compliance, showing the overall Project site and enlarged areas, PV canopy and charging bay layouts, typical elevations and sections advancing the functional and architectural design; existing maintenance bay modifications, and service equipment layouts.
• Service equipment drawings and technical data to support modifications, if any • Electrical Engineering drawings including single-line diagrams, power and lighting plans, standard details, and equipment schedules.
• Structural Engineering drawings (does not include structural calculations) including overall site and enlarged plan areas, foundation plans, framing plans, brace frame elevations, and typical reinforcement, base plate, and structural details. • Mechanical and Plumbing Plans including automatic fire sprinklers.

Transit And Facilities
• Parking Layout and Site Circulation Plan
Opinion of Probable Cost
• Opinion of Probable Cost memorandum based on the completed Project Manual Coordination During Work in Progress
Project Meetings
• Prepare agenda and conduct Project status meetings bi-weekly. Record, provide, and distribute meeting notes/minutes for review and comments to all attendees within 3 workdays of such meetings. All such documents (in addition to all material Project documentation created pursuant to the Agreement) will be made available to any potential proposers in future Project phases.

City of Porterville
Zero-Emission Maintenance Facility
• Coordinate with City Staff through progress meetings and participate in discussions, meetings, and/or teleconferences with Authority Staff and designated consultants as needed. Progress meetings shall be scheduled in advance by mutual agreement; typically, at 2-week intervals.
• Any meetings, either in the field or at the City’s office shall be attended by the Project Manager and members of key staff.

Project Progress Reports
• Submit Monthly Progress Reports to the City’s Project Manager Pre-Construction Project Schedules
• Schedule(s) shall be prepared and updated as follows
• Identify key milestones or decision points to ensure the Project progresses efficiently, and with the concurrence of the City’s Project Manager prior to starting each major activity. • Monitor activities for each task and identify deadlines or cut-off dates for decisions and changes.
• Identify each discipline or subtask as appropriate required for each task • Reflect requirements outlined in the Deliverables as shown for each task/subtask.

Design Review Meetings
• Consultant shall prepare a presentation and conduct a meeting/discussion at the City’s office for design work. This presentation will include the design approach, the key features of the design, significant design and constructability and logistical issues, and any significant estimating assumptions, regulatory and local issues as well as other constraints.

Record and provide meeting notes/minutes.

Draft Project Design Report
• Consultant shall prepare and submit “Draft” Project design report which will document all obtained information, any proposed alternatives, and features (maximum of 75 pages).

Upon review by the City, Consultant shall prepare six (6) final copies of the Project Preliminary Design Report.
• Provide a time schedule estimating the anticipated time for completion of major design components associated with preliminary design activities.

Design Review Meeting at Project Manual Completion Stage • Consultant shall prepare a presentation and conduct a meeting/discussion at the City’s office for design work at the Project Manual completion stage. This presentation will include the conceptual design approach, the key features of the conceptual design, significant design and constructability and logistical issues, and any significant estimating assumptions, regulatory and local issues as well as other constraints. Record and provide meeting notes/minutes.

City of Porterville
Zero-Emission Maintenance Facility
• Deliver 100% Complete Project Manual to the City.

Technical Design Support
• Upon successful completion of the Project Manual, the Consultant shall provide technical support through construction.
• Consultant shall provide technical support to the City in procuring the Construction Contractor.
• Consultant shall provide technical resource support to the Construction Contractor during the Project delivery as requested. Tasks include, but are not limited to, responding to Request for Information (RFIs), reviewing proposed changes, and Project schedule considerations. The deliverables and schedule will be aligned with the City’s Project delivery schedule in coordination with the Construction Contractor.

CEQA and NEPA Environmental Clearances
• Facilitate coordination and communication with relevant stakeholders, ensuring the completion of all required tasks in pursuit of securing a CEQA and NEPA Categorical Exclusions for this Project.
• Coordinate with local, State, and Federal agencies, and other permitting entities to meet all environmental approvals and establish related permitting requirements. Consultant shall identify and comply with all permit applications necessary to satisfy all environmental agencies in order to receive approval for the construction of the Project. • Provide the City with official CEQA and NEPA Environmental Clearance documentation from the environmental authorities having jurisdiction over the Project. • Plan to lead and attend public meetings as required by the City, CEQA, NEPA, and all other environmental permitting authorities to verbally and in writing respond and address public comment regarding environmental topics, the environmental process and environmental documents. The Consultant shall anticipate in participating/leading a minimum of two (2) public meetings within City and a minimum of one (1) public hearing before the City Council.
• Consultant shall receive community buy in to the Project with emphasis on community leaders, adjacent property owners and community members.

Additional Considerations
• Appropriate signage and pavement markings to navigate the gantry system day or night. • Security fencing
• Resilience for the Authority is of utmost importance, to that end, an appropriately sized Natural Gas-powered Emergency Generator must be incorporated into the overall design. • Risk Protector/Vandalism/Accidental Incidents. The inclusion of Bollards and/or other protective design elements necessary to protect electrical cabinets and any other vital equipment necessary for the 24-hour operation of the system.

City of Porterville
Zero-Emission Maintenance Facility
Safety Requirements
Proposer must comply with the following Safety Guidelines:

A. Proposer shall recognize the importance of performing services safely and responsibly to prevent damage, injury, or loss to individuals, and the environment. Proposer assumes responsibility for implementing and monitoring all Environmental Health and Safety precautions and programs related to the performance of services.

B. The Proposer is solely responsible for providing a safe work environment for its employees, agents, and subcontractors. Any hazards or unsafe practices the Proposer may identify that it is unable to correct or are outside the Proposer's scope of responsibility must be promptly reported to the City. City reserves the right to discontinue operations at any time if it determines that actions are creating an unsafe environment or situation.

C. The Proposer must refrain from creating work hazards for others and for individuals authorized to be within or in proximity to City work areas.

D. Proposers must abide by all applicable local, state, and federal rules and regulations Engineering Services:

While it is believed that the project requirements set forth in this Request for Proposal are in a logical sequence and include all elements essential for a comprehensive project evaluation, improvement plan and services, those submitting proposals are advised to include any subject or procedure they believe may have been overlooked. They may also note any required items they believe have been overlooked. They may also note required items they believe to be excessive or extraneous. The cost of such items to be added or deleted should be separately noted in the proposal.

Similarly, any additional costs that must be expended to make the project complete shall be identified.

Project Guarantee:

The Consultant shall be diligent during the investigation and mitigation stages of this project to address all site-specific construction challenges. The final approved and permitted design will be understood to be the best, most efficient, design available to the City of Porterville. The City will verify that the final design meets City’s design standards. All plans are subject to review and approval by the City of Porterville and all other governing bodies required under local, state, and federal law. With regard to the constructability of the project the City relies on the Consultant’s in-house Quality Control and Quality Assurance to ensure the integrity of the design product. As the Design Engineer of Record the Consultant will stand fully behind its design product and step in, resolve, and mitigate and correct any unexpected problems that may arise during construction as the result of any inaccurate design assumptions, errors, or omissions, and shall do so at no additional charge to the City of Porterville. Exceptions to this policy will be approved by the City Engineer.

City of Porterville
Zero-Emission Maintenance Facility
At the completion and final approval of the project, the Consultant shall provide the City of Porterville with signed and stamped Record Drawings at no additional charge.

City of Porterville
Zero-Emission Maintenance Facility
Exhibit B – Required Forms
Form A

ADDENDUM RECEIPT
______________________(PROPOSER) acknowledges it has received and read the following Addenda:

Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Signature __________________________ Date _____________________ Title ___________________________ Company Name _________________________

City of Porterville
Zero-Emission Maintenance Facility
Form B

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Porterville, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Porterville or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Contract on the part of the proposer or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

I certify (or declare) under penalty of perjury, that the foregoing is true and correct.

Dated this day of , 2024, at , California.

Signed: ____________________
Title:______________________

City of Porterville
Zero-Emission Maintenance Facility
Form C

CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, , hereby certify on behalf of
, that:

1. No Federal appropriated funds have been paid or will be paid, by on or behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative Contract.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the undersigned shall complete and submit Standard Form LLL-- Disclosure Form to Report Lobbying, in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, loans, and cooperative Contracts) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this day of , of 2024.

Signature of Authorized Official _______________________________ Title of Authorized Official ___________________________________

City of Porterville
Zero-Emission Maintenance Facility
Form D
ACKNOWLEDGEMENT OF “BEST VALUE” SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a “Best Value” basis, which the Federal Transit Administration’s (FTA) Best Practices Manual defines as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

As a result, PROPOSER further acknowledges that pricing will not be the sole basis upon which Proposals are evaluated.

An individual authorized to bind the PROPOSER to this Agreement must sign below acknowledging and understanding of the foregoing.

Signature _______________________________
Name __________________________________
Title ___________________________________
Date ___________________________________
Company Name __________________________

City of Porterville
Zero-Emission Maintenance Facility
Exhibit C – Sample Professional Services Agreement

CITY OF PORTERVILLE

PROFESSIONAL SERVICES AGREEMENT WITH
[insert full name of Consultant and Project Name and/or number] This Professional Services Agreement (Agreement) is entered into between the City of Porterville, a municipal corporation (City), and _______________________ [complete name of legal business entity], a __________________ [business status, such as a California corporation] (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain Consultant to complete a XXXXXXXXX (Project); and B. On XXXXXX, 2024, the City issued a Request for Proposals (RFP) for the XXXXXXXXX (Project). On XXXXXXXX, Consultant submitted its proposal for the Project to the City. City has determined that Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the service.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. ______-2024 approved by the Porterville City Council on ____________, 2024.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services and complete the Project, which includes the services described in Exhibit “A” attached hereto and incorporated herein by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: __________________. Consultant shall not replace its Authorized Representative, nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement, or uses any unapproved subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance promptly upon the mutual execution of this Agreement, and shall substantially complete all required services no later than July 1, 2025. Any services for which times for performance are

City of Porterville
Zero-Emission Maintenance Facility
not specified in this Agreement shall be stated and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant by the City. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City may grant or deny such request in its sole and absolute discretion.

2.1. Term. The Term of this Agreement shall begin on _____________ and end on ___________, unless terminated in accordance with Section 6.

3. Compensation. City shall pay Consultant on a lump sum basis, at the billing rate set forth in Exhibit “C”, attached hereto and incorporated herein by this reference.

3.1. Not to Exceed Amount. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval. Notwithstanding anything contained herein to the contrary, the payment of any funds under this Agreement shall be subject to the City of Porterville’s appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated.

3.2. Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

3.2.1. Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3. Payment. Subject to the City acceptance of the Services as discussed in Exhibit A attached hereto and completion of the Project to the City’s satisfaction, within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s).

3.4. The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

3.5. Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall

City of Porterville
Zero-Emission Maintenance Facility
adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In the event there is a finding and/or determination that Consultant is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.

In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

1. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representative, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

1.1. Professional Liability
A. Include “errors and omissions” coverage or “malpractice” coverage’

City of Porterville
Zero-Emission Maintenance Facility
B. Afford “practice specific” or “project specific” coverage; C. Provide limits of liability in an amount not less than; 1) One Million Dollars ($1,000,000) per claim, and
2) Two Million Dollars ($2,000,000) in the aggregate;
D. Cover a claim or claims arising out of the performance of professional services by; 1) Consultant’s or Subconsultant(s);
2) Anyone whom Consultant or its Subconsultant(s) directly or indirectly employs or uses; or
3) Anyone whose acts Consultant or its Subconsultant(s) may be liable; and E. Provide coverage for:
1) The duration of this Agreement; and
2) At least three (3) years after the Project’s completion:
a) Consultant shall obtain, pay for, and maintain an endorsement that adds an “extended reporting period” (“ERP”) or a “discovery” feature— to allow City to report a claim— for a period of not less than three (3) years following the initial policy’s expiration, or following City’s recordation of its “notice of completion” for the Project, whichever date is later. The endorsement for the ERP or discovery feature must provide identical policy limits, and meet the conditions, described in subparagraphs 1.2 (A) through (D) above; or
b) Consultant shall obtain, pay for, and maintain successive renewal or replacement policies (with “prior acts” coverage), for a period of three (3) years following the initial policy’s expiration, or following CITY’s recordation of its “notice of completion” for the Project, whichever date is later. Each policy must have a “retroactive date” that coincides with, or is earlier than, this Agreement’s Effective Date. Additionally, each policy must provide identical policy limits, and meet the conditions, described in subparagraphs 1.2 (A) through (D) above.

1.2. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an mount not less than $1,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

City of Porterville
Zero-Emission Maintenance Facility

1.3. Automobile Liability (with coverage at least as broad as ISO CA 00 01 07 097, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

1.4. Workers’ Compensation coverage shall be maintained as required by the State of California.

1.5. Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

1.6. Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

1.6.1. The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

1.6.2. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

1.7. Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

1.8. Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

1.9. Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

1.10. Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

1.11. Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems

City of Porterville
Zero-Emission Maintenance Facility
necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

2. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

3. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

3.1. Each Party shall designate a senior management or executive level representative to negotiate the dispute.

3.2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority,

3.3. If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

3.4. The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

3.5. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

3.6. The dispute resolution process is a material condition of this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

4. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s Services, upon termination of this Agreement, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

City of Porterville
Zero-Emission Maintenance Facility

5. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City. Consultant, and its agents or employees, are not entitled to City benefits.

Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services that Consultant is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.

6. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.

7. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants this this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

8. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City: To Consultant
City of Porterville ____________________________
Transportation Department ____________________________
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________

City of Porterville
Zero-Emission Maintenance Facility

9. Miscellaneous

9.1. Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

9.2. Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

9.3. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

9.4. Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will void. City’s consent to one assignment, transfer or delegation shall not be deemed to be consent to any subsequent assignment, transfer or delegation.

9.5. Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Tulare.

9.6. Compliance with Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

9.6.1. Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

9.6.2. Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, color, national origin,

City of Porterville
Zero-Emission Maintenance Facility
handicap, ancestry, sex or age. Consultant shall also comply with all applicable antidiscrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.)

9.7. Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

9.8. Business License. Before the City signs this Agreement, Consultant shall obtain a City of Porterville Business License. Consultant shall maintain an active City of Porterville Business License during the term of this Agreement.

9.9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

9.10. Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel.

Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

9.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

9.12. Controlling Provisions. In the case of any conflict between the terms of this Agreement and Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

9.13. Entire Agreement. This Agreement and the Attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed.

This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

9.14. Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

9.15. Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

City of Porterville
Zero-Emission Maintenance Facility

10. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.

The Parties agree to the full performance of these terms set forth here.

City of Porterville Consultant
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________
By: Martha A. Flores____________ By: _________________________ Title: Mayor _____ Title: ________________________
Date: __________________ Date: ________________________ Federal Employer Tax ID No. ____________
Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Patrice Hildreth, City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:

A. RFP No. XXXXXXX
B. Consultant Proposal
C. Compensation

Item No. 7.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Advertise for Bids - Foundation and Drainage System Project for Future Draeger Prop Installation
SOURCE: Engineering and Project Management
COMMENT: At its meeting on October 3, 2023, the City Council authorized the purchase of a live burn training tower manufactured by Draeger, Inc. in response to the Multi-Agency Serious Accident Review Teams (SART) recommendation to provide comprehensive training on commercial vs. residential structure fires, search techniques, firefighter survival, as well as a continuing live fire training program. Draeger, Inc. is responsible for manufacturing and installing the live burn training tower, while the City is responsible for prepping the site and installing the engineered pad and drainage for the live burn training tower to be installed on.

The Plans and Project Manual have been prepared for the Foundation and Drainage System Project for the future installation of the Draeger Fire Training Prop. The project includes grading of the site and the construction of the engineered concrete pad and drainage system that Draeger will utilize to install the fire prop they are currently manufacturing. This project is the required first step in the process to allow the installation of said prop.

The Engineer's Estimate of Probable Cost is $350,000. An additional $35,000 is required for construction contingency (10%) and $35,000 is required for construction management, surveying, and quality control and inspection services (10%); equating to a total construction cost of $420,000. Funding for this project is approved in the 2024-2025 Fiscal Year Budget at an amount not to exceed $500,000.

RECOMMENDATION: That the City Council:

1. Approve 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 materials testing services with one of the on-call firms as approved by Council MO#09-081523.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Item No. 7.

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Deputy City Manager

FOUNDATION AND DRAINAGE

PROJECT FOR FUTURE
DRAEGER PROP N NEWCOMB ST.

W MORTON AVE.

SUBJECT

LOCATION
0 150 300
SCALE: 1"=150'
Item No. 8.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Award Contract - Emergency Board-Up Services SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville is in need of board-up services for City and/or privately owned structures caused by fire, vehicle accident, vandalism, trespassing and related activities, natural disaster, nuisance, and/or other causes. Emergency board-up service is initiated by a City officer to secure unsafe conditions and is authorized by the Municipal Code as a requirement to enforce health and safety regulations. When the City takes action to board-up property, the property owner is charged for the cost of board-up, in addition to any applicable administrative fees.

The scope of services from the RFP included: all windows and doors, fire escapes, and other external wall openings shall be boarded in an approved manner to prevent entry by unauthorized persons; board-up work to be performed in the timeframe deemed appropriate by City staff on a case by case basis; and the Contractor must prepare a work order/invoice upon project completion.

On July 16, 2024, City Council authorized staff to distribute a Request for Proposals (RFP's) for emergency property board-up services. Three RFP's were received by the City from MTZ Building Solutions, Benevento's Cleaning & Restoration Service, Inc., and The Lopez Construction Family LLC. The City's review committee deemed all three submittals to have adequate experience, and to be capable of performing all required duties. Similar to when the City last contracted out board-up services, staff recommends the City's dispatch center be given the names of all three vendors to be included on a rotating on-call basis as needed. This will ensure the job gets done, as there are times a vendor could pass on a job for whatever reason, thus the need for alternative options.

RECOMMENDATION: That the City Council award emergency board-up services contracts on a rotating on-call basis to MTZ Building Solutions, Benevento's Cleaning & Restoration Service, Inc., and The Lopez Construction Family LLC.

ATTACHMENTS: 1. Board-up RFPs
Appropriated/Funded:

Review By:

Item No. 8.

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Acceptance of Project - Animal Shelter Project SOURCE: Engineering and Project Management
COMMENT: AMG & Associates, Inc. has completed the Animal Shelter Project per plans and specifications. This project included the remodel of an existing building to create an Animal Shelter at 185 N. D Street, the required frontage improvements along D Street, and the construction of a dog park.

Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on September 6, 2022, the Council authorized an expenditure of up to $7,500,000 for construction, construction management, and quality control and inspection services. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost is $7,213,612.13

2. Construction management, quality control, and inspection service costs are $187,504.55
Total project construction costs equate to $7,401,116.68, which is less than the $7,500,000 overall budget approved by Council at the time of award. Funding for this project includes $4,850,000 in funding from the American Rescue Plan Act (ARPA), $300,000 in Local Transportation Funds (LTF) for the D Street Improvements, up to $550,000 in Measure R Alternative Transportation (AT) Funds for the dog park portion of the project, and up to $1,800,000 from the City's Capital Construction/Improvement Designated Fund (to be reimbursed by donations and the land sale of the Animal Shelter in Lindsay). Please note that the special purchases separately approved and appropriated for this project will be brought to City Council at a future date for acceptance.

AMG & Associates, Inc. requests that the Council accept the project as complete. Staff has reviewed the work and found it acceptable.

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.

ATTACHMENTS: 1. Locator Map
Item No. 9.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Mill Ave
Cherry Ave
Oak Ave
Division St
Cleveland Ave
Willow Ave
E
St
D
St
Putnam Ave
H
o
ckett St
M
ain
St
Porterville Animal Shelter
185 North D Street
Project Locator Map
Project
Location
Item No. 10.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Acceptance of Project - Hayes Field Lighting Project SOURCE: Engineering and Project Management
COMMENT: Green Energy Innovations has completed the Hayes Field Lighting Project per plans and specifications. Their contract included full-service materials and installation of replacement lights for the three softball fields located at Hayes Field.

Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on November 21, 2023, the Council authorized an expenditure of $946,055 for construction, construction contingency, construction management, and quality control and inspection services. At its meeting on August 6, 2024, the City Council approved a re-appropriation of $11,943 from this project to fully fund the Golf Course Driving Range Netting Project for an adjusted authorized expenditure of $934,112. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost is $866,790.04

2. Construction management, quality control, and inspection service costs are $2,574.73
Total project construction costs equate to $869,364.77, which is less than the $934,112 overall budget approved by Council at the time of award. Funding for this project is provided by federal American Rescue Plan Act (ARPA) funds in the amount of $738,057 and up to an additional $196,055 in General Fund Capital Construction/Improvement Designated Fund. Staff respectfully requests that the remaining General Fund Capital Construction/Improvement Designated Funds in the amount of $64,747.23 be earmarked for needed improvements to the storm drain connections in and around Hayes Field. Staff will bring back a separate item authorizing the work and seeking approval of the updated resolution for the funds.

Green Energy Innovations requests that the Council accept the project as complete. Staff has reviewed the work and found it acceptable.

RECOMMENDATION: That City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion by the City Item No. 10.

Clerk; and

3. Authorize the remaining $64,747.23 in General Fund Capital Construction/Improvement Designated Funds be earmarked for needed improvements to the storm drain connections in and around Hayes Field.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

NORTH NORTH
Item No. 11.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of Agreement Between the City of Porterville and Tulare County Health and Human Services Agency
SOURCE: Public Works
COMMENT: The City entered into an agreement with Tulare County Health and Human Services Agency (TCHHSA) on September 29, 2009, to establish a Household Hazardous Waste (HHW) Collection Facility in Porterville. This agreement is for a Recycle-Only HHW Collection Facility which only accepts latex paint, used oil, used oil filters, antifreeze, spent lead-acid batteries, nickel-cadmium, alkaline, or carbon-zinc batteries, intact spent fluorescent lamps, and intact spent high intensity discharge (HID) lamps. The expiration date in 2019 was inadvertently missed by both parties. The County is proposing a new agreement with a 3-year term, effective at the time of signing, and will expire June 30, 2029.

The City of Porterville will continue to be responsible for providing the site, facility, and staffing for collection and documentation of the Collection Facility.

TCHHSA will continue to be responsible for obtaining any necessary permits and providing equipment and collection containers to operate, transportation and disposal of materials, and signage and flyers. The City will provide fourteen (14) work hours per month for the staffing of the Collection Facility.

Expenditure for the staffing of the facility will be from the Solid Waste Fund.

RECOMMENDATION: That the City Council authorize the Mayor, or designee, to sign the Agreement with Tulare County Health and Human Services Agency.

ATTACHMENTS: 1. 2024 City of Porterville Agreement-Recycle-Only HHW Program-revised
Appropriated/Funded:

Review By:

Department Director:

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

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT FORM
REVISION APPROVED 07/2021

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into as of ________________, between the COUNTY OF TULARE, a political subdivision of the State of California (“COUNTY”), and the CITY OF PORTERVILLE (“CONTRACTOR”). COUNTY and CONTRACTOR are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:

A. COUNTY wishes to continue to operate a recycle-only household hazardous waste collection facility (FACILITY)as defined in California Health and Safety Code §25218.1(n) within the CITY OF PORTERVILLE B. CONTRACTOR and COUNTY each have the power to operate, and maintain such a FACILITY as recognized by California Health and Safety Code§25202(c)r and 25218.8.

C. CONTRACTOR is willing to enter into this Agreement with COUNTY upon the terms and conditions set forth herein and CONTRACTOR and COUNTY are authorized by Government Code §6500 et seq. to enter into this Agreement.

THE PARTIES AGREE AS FOLLOWS:

1. TERM: This Agreement becomes effective upon signature and expires at 11:59 PM on June 30, 2029, unless earlier terminated as provided below, or unless the Parties extend the term by a written amendment to this Agreement.

2. SERVICES: CONTRACTOR shall provide COUNTY with the services shown on the attached Exhibit A.

3. PAYMENT FOR SERVICES: There is no cost associated with this agreement.

4. INSURANCE: Before approval of this Agreement by COUNTY, CONTRACTOR must file with the Clerk of the Board of Supervisors evidence of the required insurance as set forth in the attached Exhibit B.

5. GENERAL AGREEMENT TERMS AND CONDITIONS: COUNTY’S “General Agreement Terms and Conditions (Form revision approved as of 01/01/2021)” are hereby incorporated by reference and made a part of this Agreement as if fully set forth herein. COUNTY’S “General Agreement Terms and Conditions” can be viewed at http://tularecountycounsel.org/default/index.cfm/public-information/

6. ADDITIONAL EXHIBITS: CONTRACTOR shall comply with the terms and conditions of the Exhibits listed below and identified with a checked box, which are by this reference made a part of this Agreement.

Complete Exhibits D, E, F, G, G-1, and H can be viewed at http://tularecountycounsel.org/default/index.cfm/public-information/

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT FORM
REVISION APPROVED 07/2021

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT
Exhibit D Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement
Exhibit E Cultural Competence and Diversity
Exhibit F Information Confidentiality and Security Requirements Exhibit G Contract Provider Disclosures (Must be completed by Contractor and submitted to County prior to approval of agreement.)
Exhibit G1 National Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care
Exhibit H Additional terms and conditions for federally-funded contracts Exhibit ___ [Insert name of any other exhibit needed and attach]

7. NOTICES: (a) Except as may be otherwise required by law, any no�ce to be given must be writen and must be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: With a Copy to:

TULARE COUNTY HEALTH AND HUMAN SERVICES
AGENCY- Environmental Health
5957 S..Mooney Boulevard
Visalia, CA 93277
Phone No.: 559-624-8000

COUNTY ADMINISTRATIVE OFFICER
2800 W. Burrel Ave.

Visalia, CA 93291
Phone No.: 559-636-5005
Fax No.: 559- 733-6318
CONTRACTOR:

CITY OF PORTERVILLE
291 N. Main Street
Porterville, CA 93257-3737
Phone No.:559-782-7514
Fax No.: 559-782-8937
(b). No�ce personally delivered is effec�ve when delivered. No�ce sent by facsimile transmission is deemed to be received upon successful transmission. No�ce sent by first class mail will be deemed received on the fi�h calendar day a�er the date of mailing. Either Party may change the above address by giving writen no�ce under this sec�on.

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT FORM
REVISION APPROVED 07/2021

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT

8. AUTHORITY: CONTRACTOR represents and warrants to COUNTY that the individual(s) signing this Agreement on its behalf are duly authorized and have legal capacity to sign this Agreement and bind CONTRACTOR to its terms. CONTRACTOR acknowledges that COUNTY has relied upon this representation and warranty in entering into this Agreement.

9. COUNTERPARTS: The Parties may sign this Agreement in counterparts, each of which shall be deemed an original and all of which taken together form one and the same agreement. A signed copy or signed counterpart of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of a signed original or signed copy of this Agreement.

10. MANUAL OR ELECTRONIC SIGNATURES: The Parties may sign this Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as a manual signature. For purposes of this Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Agreement and executed and adopted by a Party with the intent to sign this Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time. [THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE]

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT FORM
REVISION APPROVED 07/2021

COUNTY OF TULARE

HEALTH & HUMAN SERVICES AGENCY

SERVICES AGREEMENT
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE
Date: By
Print Name
Title
Date: By
Print Name
Title
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]

COUNTY OF TULARE
Date: By
Chair, Board of Supervisors
ATTEST: JASON T. BRITT
County Administrative Officer/Clerk of the Board
of Supervisors of the County of Tulare
By
Deputy Clerk
Approved as to Form

COUNTY COUNSEL
By
Deputy
Date: ____________________________
Matter # 2024611
Exhibit A

CITY OF PORTERVILLE RECYCLE-ONLY HOUSEHOLD HAZARDOUS WASTE

COLLECTION FACILITY
The COUNTY OF TULARE, referred to as COUNTY, and the CITY OF PORTERVILLE, referred to as CITY, seek to partner to establish a Recycle-Only Household Hazardous Waste Collection Facility (Facility) to divert household hazardous waste (HHW) from the solid waste stream. Responsibilities under this Agreement to establish and maintain the Facility are as follows:
a. CITY shall provide and make available an appropriate site to establish Facility at the City Corporation Yard located at 555 N. Prospect, Porterville, CA (Site). b. Prior to commencing operations, CITY shall submit the following written information to the Tulare County Certified Unified Program Agency (CUPA):
1 A certification that the household hazardous waste collection facility will be operated in accordance with this article and with any other requirement that may be imposed by the department by regulation.

2. All of the following information:

A. The Facility's name.

B. The Facility's location.

C. The Facility's generator identification number.

D. The date that the Facility will begin operation.

E. The Facility's operating schedule.

3. In addition to the information required pursuant to paragraph (2) of subdivision (a), the public agency, or its contractor, shall also subsequently notify the CUPA of any significant change in the Facility's operating schedule.
c. CITY shall limit materials to be accepted at the Facility to those recyclable household hazardous waste materials listed in paragraph 1 of subsection (b), Section 25218.8, Article

10.8, Chapter 6.5, Division 20, Health and Safety Code. These are:

1. Latex paint.

2. Used oil.

3. Used oil filters.

4. Antifreeze.

5. Spent lead-acid batteries.
6 Nickel-cadmium, alkaline, carbon-zinc, or other small batteries, if the facility 1s in compliance with Section 25216_ 1.

Exhibit A

7. Intact spent fluorescent lamps.

8. Intact spent high intensity discharge (HID) lamps
d. CITY shall not accept any other hazardous wastes or other materials at the Facility other than the materials specified in paragraph (1) of subsection (b), Section 25218.8. e. CITY shall be responsible for training of employees with responsibilities for handling or managing recyclable household hazardous waste materials to be accepted at the Facility The Occupational Safety & Health Administration requires that training be the responsibility of the employer.
i. The training requirements for Small Quantity Universal Waste Handlers (i.e., handlers who at no time accumulate more than 5,000 kilograms of UW) are listed in the regulations (22CCR §66273. '16): "A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste.

The information shall describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility."

2. The attached Universal Waste Lamp Operations - Recommended Best Practices, Segregating Spent Lamps, Segregating Spent Batteries, Clean Harbors Battery Packaging Protocol (V06.2008}, and Battery Quick Reference provides suggested guidance on hazards, proper handling and management, and emergency procedures (see Attachments 5, 4, 1, 2, and 3, respectively).
f. CITY shall provide direct staff oversight of the Facility when open to the public to insure the following:

1. The materials are transported to the collection facility by the person who generated the material.

2. The materials transported to the facility are transported in accordance with Section 25218.5 as listed below:

3. The total combined volume or weight of latex paint, used oil filters, antifreeze, and small batteries transported to the Facility by any one individual shall not exceed a total volume of 10 gallons or a total dry weight of 100 pounds. Up to two spent lead-acid batteries may be transported at the same time and not more than 20 gallons of used oil may be transported in the same vehicle if the volume of each individual container does not exceed five gallons.
g. In conjunction with the COUNTY, CITY staff shall provide oversight of the Facility to insure the following:

1. The materials collected are not stored at the Facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the Facility for more than 180 days.

2. Not more than 600 pounds of household batteries are stored at any one time and no Exhibit A
household batteries are stored for longer than 180 days. For the purposes of this Agreement, "household batteries" means primary or secondary batteries, including nickelcadmium, alkaline, carbon-zinc, and other batteries generated as non-RCRA waste similar in size to those typically generated as household waste. "Household batteries" do not include lead-acid batteries.

3. The household batteries are stored and transferred in a manner which minimizes the possibility of fire, explosion, or any release of hazardous substances or hazardous waste constituents.

4. The Facility retains a copy of the hazardous waste manifest or bill of lading used during transportation of household batteries from the Facility for a period of three years. If a bill of lading is used, the bill of lading shall have, at a minimum, all the following information:

A The name, address, and telephone number of the collection location, transporter, and receiving facility.

8. A general description and quantity of batteries.

C. The date of the transfer.

D. The signatures of the transporter and the collection location representative. h. CITY shall manage collected materials in accordance with the hazardous waste segregation, containerization, labeling, accumulation, emergency response, and personnel training requirements of Chapter 6.5 of Division 20, Health and Safety Code and Title 22 California Code of Regulations under guidance by COUNTY. i. CITY shall post the signs depicted in Figure 1 (to be provided by COUNTY) to warn the public not to abandon used oil or other hazardous wastes at the facility. j. CITY may post the signs depicted in Figures 3 - 5 (to be provided by COUNTY) to indicate that used oil and oil filters are received at the Facility. If the sign in Figures 3 is posted, the Facility operators may elect to cover the phrase "Recycling Incentive Paid for Used Lubricating Oil in Containers During Business Hours from Members of the Public Who Change Their Own Oil" if the Facility operator chooses not to offer the recycling incentive to the public.
k. CITY may post the signs depicted in Figures 6 - 13 (to be provided by COUNTY) as needed.

I. CITY shall be responsible for:

1. Unloading containers and packaging materials supplied by the COUNTY.

2. Affixing appropriate labels and marking the accumulation start date on each container.

3. Provide and oversee completion of a Survey Form by each person dropping off materials at the center.

Exhibit A

4. Stacking and strapping containers of collected materials on pallets for transportation offsite.
5 Coordinate transportation of collected materials by COUNTY staff or COUNTY contractor.

6. Providing a certified forklift operator to load palletized containers of collected materials onto COUNTY vehicle, or COUNTY contractor vehicle for transportation offsite. m. CITY Facility employees shall allow the public to drop off only latex paint with legible labels. No spray, oil base, lacquer, enamels, or other paint may be accepted. No thinners, solvents, mineral spirits, or other flammable, combustible. or toxic liquid or toxic materials may be accepted. Latex paint containers shall be placed into a cubic yard box. Containers with a capacity of five gallons or greater may be stacked onto a pallet. n. CITY Facility employees should do the following before accepting used oil from the public:

1. Ask the customer if anything has been added to the used oil, such as gasoline, solvents, antifreeze, paint, or other household products. If the customer says they have added a contaminant, do not accept it.

2. Examine the used oil to see if it has signs of layering, dirt or debris floating in it, or has an unusual color or odor. If the used oil appears contaminated, do not accept it.

3. Facility employees must give any customer with contaminated used oil the location of the Visalia Permanent HHW Collection Center or the telephone number of the Tulare County Environmental Health Department (559-733-6441).

4. CITY shall post the signs depicted in Figure 2 (to be provided by COUNTY) to remind both employees and customers not to mix anything with used oil or pour contaminated used oil into storage tanks.

5. CITY Facility employees shall mark the accumulation start date on the preprinted labels (to be provided by COUNTY) on each storage container (see Figure 18). o. CITY Facility employees shall allow the public to drop off only used antifreeze that has not been contaminated or adulterated (see procedure above for used oil). CITY Facility employees shall mark the accumulation start date on the preprinted labels (to be provided by COUNTY) on each storage container (see Figure 18).
p. CITY shall post the signs depicted in Figures 14 & 15 (to be provided by COUNTY) to remind both employees to insulate the terminals on spent batteries and cell phones to prevent discharge before placing them into storage containers. CITY Facility employees shall categorize, segregate and package spent batteries collected from the public according to the attached Segregating Spent Batteries, Clean Harbors Battery Packaging Protocol (V06. 2008), and Battery Quiel< Reference and other subsequent guidance as may be necessary (see Attachments 1 - 3, respectively). CITY Facility employees shall mark the accumulation start date on the preprinted labels (to be provided by COUNTY) on each Exhibit A
storage container (see Figure 17 or 18, as appropriate). q. CITY Facility employees ensure that spent fluorescent and high intensity discharge (HID) lamps collected from the public are properly segregated, containerized and labeled. CITY Facility employees shall be responsible for compliance with the applicable requirements for Small Quantity Universal Waste Handlers. The attached Segregating Spent Lamps and Universal Waste Lamp Operations - Recommended Best Practices are provided as suggested guidance (see Attachments 4 & 5, respectively). CITY Facility employees shall mark the accumulation start date on the preprinted labels (to be provided by COUNTY) on each storage container (see Figure 17). '
r_ The COUNTY will provide the Facility with appropriate containers and packing materials.

The Facility will be provided with the following containers at a minimum:

1. Containers for latex paint collection including at least one cubic yard box with pallet.

2. Containers for used oil collection include at least one 55- gallon drum with secondary containment.

3. Containers for used oil filter collection include at least one 55-gallon drum.

4. Containers for antifreeze collection include at least one 55-gallon drum with secondary containment.

5. Storage for spent lead-acid batteries automobile batteries including at least one pallet with secondary containment.

6. Containers for nickel-cadmium, alkaline, carbon-zinc, or other small batteries including at least:

A. One container for Carbon-Zinc (C-Zn) & Alkaline (Zn/Mn02) batteries.

B. One inner container consisting of a rigid polyethylene drum for Primary Lithium batteries; including Lithium Iron Disulfide (Li/FeS2) and Lithium-Manganese Dioxide (Li/Mn02) batteries.

C. One container for Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), & Nickel Zinc (Ni-Zn) batteries.

D. One container for Lithium Ion (Li-Ion) batteries.

E. One container for Small Sealed Lead-Acid (SSLA) i.e., "gel cell" batteries.

F. Absorbents and packing materials (Speedy-Dry, vermiculite, baking soda, etc.).

7. Containers and packing materials for intact spent fluorescent lamps including at least:

A. One container for 4-foot-long straight fluorescent tubes.

B One container for 8-foot-long straight fluorescent tubes.

Exhibit A
C. One container for U-bend tubes, circular tubes, and compact fluorescent lamps (CFL).

O. One container with liner for universal waste lamps that are broken during operations.

8. One container and packing materials for intact spent high intensity discharge (HID) lamps.
s. The COUNTY will replenish the Facility with containers and packing materials as required. t. The COUNTY will utilize a licensed contractor with a valid hazardous waste transporter registration to pick up the antifreeze, used oil, and oil filters from the Facility. Paint and spent batteries and lamps will be transported by the COUNTY to the Visalia Permanent Household Hazardous Waste Collection Facility for consolidation and ultimate shipment to an approved facility. The COUNTY may also elect to have a licensed contractor with valid hazardous waste transporter registration transport paint and spent batteries and lamps directly from the Facility.
u. The COUNTY will provide the Facility with appropriate labels to identify and transport waste including, but not limited to, the labels depicted in Figures 16 - 34. v. The COUNTY will provide appropriate signage notifying the public of separate offsite collection opportunities for lighting ballasts and other categories of UW. Signage will include acknowledgement of the CITY for hosting the Recycle-Only Collection Facility, and of funding by the California Integrated Waste Management Board. w. The COUNTY will revise existing Health & Human Services website content to include the Facility. Bill inserts, flyers, posters, and stickers will also be used to advertise the Facility.

All advertising and outreach materials will list the Facility and acknowledge the contribution of the CITY in protecting the environment.

Attachment 1

SEGREGATING SPENT BATTERIES
The following guide lists the common types of batteries and appropriate management methods. This guide is intended as a general guide. Batteries of the same type and appearance may differ significantly between manufacturers. All batteries are potentially dangerous if mishandled.

Automotive-type lead acid storage batteries
• Automotive-type lead acid storage batteries (equivalent in type and equivalent to, or smaller in size than, spent lead-acid storage batteries removed from motor vehicles as defined in Vehicle Code sections 415 and 670). Automotive-type lead acid storage batteries are also accepted for recycling at virtually all retailers that sell these types of batteries.

Handling (see INTACT LEAD ACID BATTERIES section on Page 1 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. Place intact batteries on pallet.

2. Palletized batteries limited to a single layer only - do not stack batteries. 3 Shrink-wrap batteries to pallet.

4. Band batteries to pallet. (Poly-strapping is recommended)

5. All terminals must be covered with duct tape or other insulators to prevent short circuiting.

Handling of lead acid batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

The sulfuric acid contained in these batteries is very dangerous if spilled. Common baking soda may be used to neutralize spills.

Universal Waste & Non-Hazardous Waste Batteries
Segregate Universal Waste & Non-Hazardous Waste Batteries into the following categories and containers:

1. Dry Cell Battery Containing Zinc Electrodes (Nonhazardous):

A. Carbon Zinc (C-Zn). (9V, AA, AAA, C, D, Lantern, Multi Cell). Carbon Zinc batteries produced prior to 1996 may contain mercury. Carbon Zinc batteries produced after 1996 generally do not exceed hazardous waste criteria. There are two common types of carbon zinc batteries - Leclanché and Zinc chloride carbon zinc.

B. Alkaline, or Alkaline Manganese Dioxide-Zinc (Zn/MnO2). (9V, AA, AAA, AAAA, C, D, F, J, Lantern, N, Other) Alkaline batteries produced prior to 1996 may contain mercury. Alkaline batteries produced after 1996 generally do not exceed hazardous waste criteria.

C. Handling (see ALKALINE BATTERIES section on Page 7 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. Material must be Non-RCRA/Non-EPA regulated.

2. Batteries must be intact.

Attachment 1

3. Full 55G drums must be steel, Poly acceptable for 5 thru 30G drums only

4. Batteries may not be connected in series to one another (No two batteries may be connected by a common terminal or wire)
5 Tape battery terminals or place into individual plastic bags and place in labeled container.

Handling of alkaline batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

2. Alkaline Mercury Batteries. There are three common types of batteries that may contain added mercury:

A. Mercuric Oxide or Mercuric Oxide-Zinc (ZnHgO2). (Button, some 9V & Button Stack). These batteries contain a high percentage of mercury and are no longer sold in the US.

B. Silver Oxide (Zn/Ag2O) (Button). Silver Oxide batteries generally exceed hazardous waste criteria for silver and mercury (if present) content.

C. Zinc Air (Zn/02). (9V, Button). Zinc air batteries generally exceed hazardous waste criteria for mercury (if present).

Handling (see ALKALINE MERCURY BATTERIES section on Page 6 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. Batteries must be intact.

2. Full 55G drums must be steel, Poly acceptable for 5 thru 30G drums only

3. Batteries may not be connected in series to one another (No two batteries may be connected by a common terminal or wire)

4. Acceptable battery types:
a. Alkaline Mercury Batteries
b. Mercury Batteries
c. Mercury Oxide Batteries
d. Zinc-Air Battery
e. Silver Oxide
Handling of alkaline mercury batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

3. Primary (Single Use) Lithium & Lithium Metal Batteries A. There are two common types of single-use lithium batteries:

I. Lithium Iron Disulfide (Li/FeS2). (AA, AAA).
ii. Lithium-Manganese Dioxide (Li/MnO2). (9V, Miniature, Multi, Multi Cell, Other).

B. All batteries containing lithium generally exceed hazardous waste criteria for reactivity. An explosion or burn may result if these batteries are disassembled or exposed to water, fire, or high temperature. Lithium-ion batteries can rupture, ignite, or explode when exposed to high temperatures or direct sunlight. Never short-circuit, open the battery casing, or damage the safety devices on these batteries as it may cause the battery to ignite or explode.

Attachment 1
C. All types of intact Lithium Batteries; Hermetically Sealed, Unsealed and Small Tab Type Lithium Cells; excluding Lithium Ion MUST be packaged under mineral oil to prevent exposure to moisture. Batteries must be packaged as to remain completely submerged within the mineral oil, thus eliminating the potential of being exposed to air during shipment/transportation.

Handling (see LITHIUM BATTERIES section on Page 3 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. All drums shall be combination packaging, consisting of one or more inner packages secured in a non-bulk outer packaging.

2. Inner containers shall be of rigid poly (Note: CITY Facility employees will only place collected batteries into the inner container. COUNTY employees will inspect the full inner containers and subsequently place them into the outer container for transport).

3. The outer container must be steel, and DOT approved for the packaged materials.

4. The maximum size of an inner container is 5-gallons.

5. Exposed battery terminals must be covered with tape to prevent short-circuiting.

6. Maximum 20 pounds of Litt1ium batteries per inner container.

7. Free liquid (oil) must be< 3 gallons per inner container.

8. Any void space in the outer container must be filled with vermiculite.

9. Containers must be closed securely.

Handling of lithium & lithium metal batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

3. Secondary {Rechargeable) Lithium-Ion Batteries
A. Lithium Ion (Li-Ion). (Button, Proprietary Battery Pack). These batteries are rechargeable and are often found in cell phones and laptop computers.

B. All batteries containing lithium generally exceed hazardous waste criteria for reactivity. An explosion or burn may result if these batteries are disassembled or exposed to water. fire, or high temperature. Lit11ium-ion batteries can rupture, ignite, or explode when exposed to high temperatures or direct sunlight. Never short-circuit, open the battery casing, or damage the safety devices on these batteries as it may cause the battery to ignite or explode.

Handling (see INTACT LITHIUM-ION BATTERIES section on Page 4 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. Batteries must be intact. never involved in a fire and absent of any rise in temperature.

2. Do not pack batteries with visual evidence of swelling or bulging.

3. All batteries must be insulated from each other & have ends taped to prevent short circuits.

4. Batteries may not be connected in series to one another (No two batteries may be connected by a common terminal or wire)

5. Full 55G drums must be steel, Poly acceptable for 5 thru 30G drums only Attachment 1

6. Batteries must be clearly labeled as "Lithium-Ion" to qualify for these packaging specifications If Lithium battery type is questionable, ship as standard lithium batteries and follow applicable guidelines

7. If terminals are raised, weight cannot be superimposed upon the terminals.

Handling of lithium ion batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

4. Nickel Cadmium & Nickel Metal Hydride (Rechargeable) A. Nickel Cadmium (Ni-Cd). (9V, AA, AAA, C, D, Battery Pack) These batteries generally exceed hazardous waste criteria for Nickel and Cadmium. Do not dismantle or short circuit as this may cause the battery to explode, ieak or get hot causing personal injury.

B. Nickel Metal Hydride (Ni-MH). (9V, M, AAA, C, D, Battery Pack) These batteries do not contain cadmium but generally exceed hazardous waste criteria for Nickel.

Follow the same precautions as listed above for Ni-Cd batteries.

Handling: (see NICKEL COMPOUND BATTERIES section on Page 5 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (V06.2008)):

1. Full 55G drums must be steel for dry cells. Poly acceptable for 5 thru 30G drums and full 55G drums of wet cells only.

2. Batteries may not be connected in series to one another (No two batteries may be connected by a common terminal or wire).

3. All batteries must be insulated from each other by placing into individual plastic bags or taping battery terminals to prevent short circuit.

4. Acceptable battery types included:
a. Nickel Cadmium, Wet cells (0002, D006)*
b. Nickel Hydroxide Batteries (0002)*
c. Nickel Cadmium Batteries (0006)*
d. Nickel Iron Batteries
e. Rechargeable Ni-Cad Batteries (0006)*
f. Non-Mercury Alkaline Batteries
g. Nickel Metal Hydride
h. Nickel Zinc
i. Non-Mercury Alkaline Dry-cell
*Universal waste rules may be utilized where applicable.

Handling of nickel compound batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

5. Small Sealed Lead-Acid ("Gel Cell") batteries. Some are rechargeable. These batteries contain lead and sulfuric acid. Small Sealed Lead-Acid batteries generally exceed hazardous waste criteria for lead content and corrosivity.

Handling: (see GEL CELL BATTERIES section on Page 2 of CLEAN HARBORS BATTERY PACKAGING PROTOCOL (VOG.2008)):

Attachment 1

1. Use poly drums only (No Metal Drums with Poly-Liners).

2. Place 2 inches of speedy-dry on the bottom of each drum. 3 Stack gel cells providing 3 inches of vermiculite between layers of batteries.

4. Fill any void headspace in the drum with vermiculite.

5. Batteries are limited to 50 pounds each. The total gross weight of drum not to exceed 300 pounds.

6. All terminals must be covered with duct tape or other insulators to prevent short circuiting.

7. Larger Gel Cell batteries may also be palletized as outlined above for intact lead acid batteries.

Handling of nickel compound batteries that do not fit the above criteria:

1. Contact the Tulare County Division of Environmental Health at (559) 733-6441.

Item No. 12.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of Measure R Program Supplement to Cooperative Agreement - Santa Fe Byway
SOURCE: Engineering and Project Management
COMMENT: The Tulare County Association of Governments (TCAG), acting as the Local Transportation Authority ("Authority") is requesting that the City approve and submit a Supplemental Agreement (SA) Santa Fe Byway Revitalization & Beautification Project. This project includes improvements to the existing asphalt trail, installation of concrete edge bands along the trail, one (1) new picnic shelter, a new playground and workout equipment area with shelter, benches, water fountains, solar trail lighting, and new lights at intersections for improvements to public safety. The Santa Fe Byway (formerly known as Railsto-Trails) runs north to south between Henderson Avenue and Walnut Avenue along the old Santa Fe Railway.

The Authority requires the processing of a SA for each project for the purpose of reimbursing one hundred percent (100%) of the design, construction management, quality control, and non-participating construction costs. The Clean California Grant will fund up to $3,601,826.00 of the costs of the Santa Fe Byway Revitalization & Beautification Project, requiring a total amount of $2,775,659.89 of the City's share of the Measure 'R' Alternate Transportation Funds to fully fund the project.

As stated above, a Supplemental Agreement, Resolution and Exhibit 'A' must be received by the Authority before the City can seek reimbursement for said design, non-participating construction, and construction management costs.

Exhibit 'A' provides the project title, project scope, and estimate of probable cost for each project.

RECOMMENDATION: That the City Council:

1. Approve the attached draft Resolution in support of the Program Supplement to the Cooperative Agreement;

2. Authorize the Mayor and City Clerk to execute the Program Supplement, and

3. Authorize staff to forward the executed Program Supplement to TCAG for approval.

ATTACHMENTS: 1. Locator Map

2. Meaure R Program Supplement to Cooperative Agreement

3. Draft Resolution
Item No. 12.

Appropriated/Funded:

Review By:

Department Director:

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

NORTH NORTH
MEASURE ‘R’ PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
This Program Supplement is made and entered into on September 17, 2024, by and between the City of Porterville (“Sponsor”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).

This Program Supplement hereby incorporates the “Measure ‘R’ Cooperative Agreement” for Measure ‘R’ expenditures, which was entered into between the Sponsor and the Authority on May 29, 2007, and is subject to all terms and conditions thereof. This Program Supplement is executed under authority of Resolution No. ___-2024, approved by the Sponsor on September 17, 2024 (see copy attached).

Project scope and costs are incorporated herein as Exhibit “A” and agreed upon by Sponsor and Authority.

Covenants of Sponsor

1.1. SPONSOR agrees that it will only proceed with work authorized for specific phase(s) with a written “Authorization to Proceed” or AUTHORITY action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or AUTHORITY action.

1.2. The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.

1.3. Award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.

1.4. Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.

1.5. If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of project(s) activity along with target billing date and billing amount.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.

COUNTY OF TULARE

TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Martha A. Flores, Mayor
Attest:

By: ____________________
Patrice Hildreth, City Clerk
EXHIBIT “A”
Santa Fe Byway Revitalization & Beautification Project
Project Scope
Revitalization of an existing trail (approximately 3.9 miles in length) to include new trail surface, solar lighting, water stations, wayfinding, benches, and new landscaping.

Project Costs
Santa
Project Tasks Engineer’s Estimate
Construction $4,501,089.89
Construction Management
and Quality Control
$309,967.00
Right of Way $0.00
Preparation Plans,
Specifications and Estimate,
Environmental Documentation
and Caltrans Project Approval
$666,429.00
Total Estimated Costs $6,377,485.89
Current Funding Sources
Clean CA Share $3,601,826.00
Measure ‘R’ Construction Match $118,420.00
Measure ‘R’ Preliminary
Engineering, Non-Participating
Construction and Construction
Management
$2,657,239.89
Total Funding Available $6,377,485.89
Project Schedule
Santa Fe Byway
Project Tasks Date
Environmental (PA/ED) complete 6/30/2022
Design (PS&E) complete 12/19/2023
Authorization to Advertise Project 12/19/2023
Award Construction Project 03/05/2024
Begin Construction 04/01/2024
End Construction 12/31/2024
RESOLUTION NO. - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE

SANTA FE BYWAY REVITALIZATION & BEAUTIFICATION PROJECT
WHEREAS, the City of Porterville Bike and Pedestrian Program is eligible to receive 100% reimbursement for the non-participating construction costs ($118,420), construction management and quality control costs and reimbursement for the construction costs associated with the Santa Fe Byway Revitalization & Beautification Project ($2,657,239.89), which meets the Measure ‘R’ guidelines and City General Plan for alternate modes of travel; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all applicable project costs incurred to date not covered by the Clean California Grant;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Santa Fe Byway Revitalization & Beautification Project (Clean CA Grant) and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 17th day of September, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Approval of Agreement with Enterprise Rent-A-Car Company of Sacramento, LLC for Rideshare Services
SOURCE: Public Works
COMMENT: On April 19, 2016, the City of Porterville adopted Resolution No. 18-2016, establishing the City's commitment to rideshare programs in an effort to reduce vehicle miles traveled, improve air quality, and generate additional funding for the City through Federal Transit Administration (FTA) Section 5307 funding.

The rideshare services support the City’s Short Range Transit Plan (SRTP), which aims to provide sustainable transportation options, reduce congestion, and meet air quality improvement targets.

In 2024, the City’s rideshare program, in partnership with California Vanpool Authority (CalVans), successfully generated 2 Small Transit Intensive Cities (STIC) points, resulting in an additional $1,006,772 in FTA Section 5307 funding (Table 6 Attachment). Each STIC point currently generates $503,386 in federal funding, which has been instrumental in supporting the City’s transit operations and improving mobility options.

The proposed agreement with Enterprise Rent-A-Car of Sacramento, LLC will expand the City’s existing rideshare services, rather than replace the current CalVans agreement. This expansion aims to enhance mobility options, improve air quality, and generate additional National Transit Database (NTD) data to maximize federal funding under the STIC program.

The expansion of services through this agreement will complement the existing CalVans partnership, allowing the City to offer more flexible transportation options, such as vanpool and carpool services. These additional options will enable the City to better serve residents whose transportation needs are not fully met by traditional transit services or the current vanpool system provided by CalVans.

Staff recommends that by adding Enterprise Rent-A-Car’s rideshare service to the existing program, the City could potentially generate 3 additional STIC points. This would raise the total number of points from 2 to 5, increasing the federal funding from $1,006,772 to $2,516,930, further supporting the City’s transit operations and expanding transportation options for residents.

The attached draft agreement with Enterprise Rent-A-Car has the same terms and conditions as the current CalVans agreement, under which the City will contribute $400 per vanpool per month to offset operational costs. This Item No. 13.
financial support will incentivize the use of rideshare services, thus increasing the likelihood of generating additional STIC points. This expanded approach aligns with the City's commitment to sustainability and its ongoing efforts to qualify for increased federal funding, making this agreement a key part of the City's broader transportation strategy.

Local Transportation Funds (LTF) may continue to be used to support both the CalVans and Enterprise Rent-A-Car programs without impacting the City's operational revenue ratio, as rideshare services are excluded from traditional operating cost considerations.

RECOMMENDATION: That the City Council approve an Agreement between Enterprise Rent-A-Car Company of Sacramento, LLC and the City of
Porterville for ridesharing services.

ATTACHMENTS: 1. Resolution 18-2016

2. April 18, 2016 Staff Report

3. Draft Agreement

4. Table-6-5307-STIC-Apportionments-FY-2024-Full-Year
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
RESOLUTIONNO. 18-2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CREATING

AND ESTABLISHING RIDESHARE PROGRAMS FOR THE CITY OF PORTERVILLE WHEREAS, the city of Porterville is located in an area of non-attainment for air quality purposes; and,
WHEREAS, federal and state guidelines require the adoption of a plan for reduction of both ozone and PM2.5; and
WHEREAS, the City has adopted a Short Range Transit Plan that stresses the development of sustainable transportation principals and techniques that encourage public mobility, provide affordable transportation alternatives, reduce congestion, and improve air quality; and
WHEREAS, the City identifies ridesharing services as a means to reduce the number of vehicles on the highway during peak travel periods within the Porterville area by encouraging the planning and marketing of high-occupancy vehicle facilities, increases in the number of passengers per vehicles used for ridesharing, alternative work schedules, and other transportation demand management strategies among employers and commuters; and WHEREAS, Tulare County has identified the retention, support and expansion of vanpools as a key strategy of their 2015 Coordinated Transportation Plan; and WHEREAS, the support of vanpools provides a means of addressing air quality and roadway congestion, while providing an alternate means of transportation for those whose trip cannot be accomplished on a traditional bus; and
WHEREAS, California Vanpool Authority presently provides vanpool services to the city of Porterville while submitting passenger data to the National Transit Database system on behalf of the City Transit Agency; and
WHEREAS, this submission of data to the National Transit Database system has and will generate additional federal 5307 funds that the City uses to fund transit operations or improvements; and

Resolution No. 18-2016
NOW, THERFORE, BE IT RESOLVED, that the City of Porterville desires to enter into an agreement with California Vanpool Authority for the purpose of providing rideshare services and support for vanpools entering or leaving the city of Porterville.

PASSED, APPROVED, AND ADOPTED, this 19th day of April 2016.

ATTEST:

John D. Lollis, City Clerk
By:~gb~
Luisa Zavala, ~ty City Clerk

STATE OF CALIFORNIA )

CITY OF PORTERVILLE ) SS

COUNTY OF TULARE )
I, JOHN D. LOLLIS, the duly appointed City Clerk of the City of Porterville do hereby certify and declare that the foregoing is a full, true and c01Tect copy of the resolution passed and adopted by the Council of the City of Porterville at regular meeting of the Porterville City Council duly called and held on the 19th day of April, 2016.

THAT said resolution was duly passed, approved, and adopted by the following vote:

Council: REYES WARD STOWE HAMILTON GURROLA
AYES: X X X X
NOES:

ABSTAIN: ABSENT: X
JOHN D. LOLLIS, City Clerk
Item No. 8.

CITY COUNCIL AGENDA – APRIL 19, 2016
SUBJECT: Agreement for Rideshare Service Between The City of Porterville and The California Vanpool Authority
SOURCE: Public Works
COMMENT: Transit agencies located in urbanized areas (UZAs) receive a Federal 5307 apportionment based on their annual reporting into the National Transit Database (NTD) system. This reporting includes how far buses travel, how long they spend traveling, how many riders are carried and the cost to provide the service. Generally, the larger the system, the more 5307 funds are received. The City's Transit system provides service located in the Porterville Urbanized Area and the City's 2016 Section 5307 Urbanized Area apportionment is $1,618,892.

Transit agencies outside of a UZA, but serving the UZA area, may also report passenger data related to trips that began or ended in the UZA. Rideshare programs, such as a Vanpool, are examples of a type of transit trip that may contribute substantial ridership data to a UZA. The reporting of the trips is done by the vanpool provided on behalf of the UZA. 5307 funds generated by the additional reporting stays with the transit agency serving the UZA, it does not return to the agency that reported the passenger data. The California Vanpool Authority (CalVans) is an example of a transit agency that provides ridesharing services with trips traveling to or from the City on behalf of the Porterville UZA. Passenger data generated by CalVans supplemented the City's FY 2016 apportionment by $192,016. This additional funding is generated by one (1) point in the Small Transit Intensive Cities Program (STIC).

In 1998, the TEA-21 transportation law necessitated a study by the Federal Transit Administration (FTA) to explore the varied ridership trends of small transit systems. In 2000, the FTA published The Urbanized Area Formula Program and the Needs of Small Transit Intensive Cities. This study identified 77 small UZAs that would qualify as having high ridership in comparison to the transit systems of larger UZAs.

The results were translated into a new approach to transit funding for small UZAs. The STIC Program was developed as an element of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

The original STIC program allocated 1% of funds from the FTA's $4.3 billion Urban Area 5307 Formula Program to incentivize greater transit service and ridership in smaller UZAs. Congressional leaders, through MAP-21, increased Item No. 8.
the funding level for STIC from 1% to 1.5% beginning in FY 2013. In August of this year, the House Transportation and Infrastructure Committee requested that the funding for STIC apportionment's be increased from 1.5% to 3%.

To qualify for STIC funds, cities are evaluated on six factors: passenger miles traveled per vehicle revenue mile; passenger miles traveled per vehicle revenue hour; vehicle revenue miles per capita; vehicle revenue hours per capita; passenger miles traveled per capita; unlinked passenger trips per capita.

Ridesharing services is the most effective mode of service in achieving these six factors.

Ridesharing services, as defined within Section 99211.5 of the Transportation Development Act (TDA), is a comprehensive organizational effort which is designed to reduce the number of vehicles on the highways during peak travel periods within a defined area by encouraging the planning and marketing of high-occupancy vehicle facilities, increases in the number of passengers per vehicle in vehicles used for ridesharing, alternative work schedules, and other transportation demand management strategies among employers and commuters.

Rideshare programs typically provide a vanpool, vanshare, carpool, metropool, and/or trippool and focus on serving specific home to work travel markets.

They are demand responsive in the sense that the route of the vehicle is customtailored to the individual riders, and may change in response to rider turnover.

The vast majority of rideshare programs could be considered subscription services, wherein each commuter essentially rents a seat on the vehicle on a monthly or sometimes weekly basis, with no refund for times when the service is not used. This approach allows the service provider, be it an employer, an individual, or a transit operator or other third-party agency, to be assured of a steady income.

Currently, CalVans operates 18 vanpool vans that travel to or from the City generating one STIC point ($192,016). Staff is recommending that the City establish a Rideshare Program in an effort to qualify for more STIC points and generate additional Federal funding. Each additional STIC point that the City qualifies for will generate $192,016 in additional Section 5307 funding, with a maximum potential of $1,152,096. In order to qualify for additional STIC points, staff is recommending that the City contribute $400 per vanpool per month to CalVans to offset the cost and incentivize the use of rideshare services.

Staff has estimated that by offsetting the cost of operations the City will qualify for 5 STIC points generating an additional $960,080 in 5307 funding. Should Congress increase the funding to 3%, the City would generate a maximum potential of $1,920,160.

Staff is recommending that the City Council use Local Transportation Funds (LTF) to supplement the CalVans program. As defined within Section 99268.15 of the TDA, the use of LTF funds does not require an operating revenue ratio normally required for support of bus operation and the cost of providing rideshare services are excluded from operating costs.

Item No. 8.

RECOMMENDATION: That the City Council:

1. Approve Resolution setting forth Ridesharing Services for the City of Porterville; and

2. Approve Agreement between the California Vanpool
Authority and the City of Porterville for ridesharing
services.

ATTACHMENTS: 1. Resolution

2. CalVans Agreement
Appropriated/Funded:

Review By:

Department Director:

Mike Reed, City Engineer
Final Approver:

VANPOOL SERVICES AGREEMENT
This VANPOOL SERVIVCES AGREEMENT (this “Agreement”) is made and entered into effective as of September [17], 2024 (“Effective Date”), by and between the City of Porterville, a municipal corporation organized under the laws of the State of California, acting through the City’s public works department, offering the Porterville Transit service (“CITY”) and the Enterprise Rent-A-Car of Sacramento, LLC (“CONTRACTOR”).

W I T N E S S E T H
WHEREAS, CITY is the recipient of additional U.S. Federal Transit Administration Urbanized Area Formula Funding program (49 U.S.C. §5307) funding (“5307 Funds”) through the reporting efforts of vanpool trips that travel to or from the Porterville Urbanized Area (“Area”), it is the desire of both parties to encourage local participation in the Program (as defined below) so as to increase 5307 Funds to Porterville; and
WHEREAS, CITY is committed to encouraging increased vanpool use in Tulare County through the financial support of vanpool groups traveling to or from Tulare County; and
WHEREAS, CONTRACTOR is qualified and experienced and has necessary technical and personnel resources to provide such services for the provision of vanpool services; and
NOW, THEREFORE, CITY and CONTRACTOR for the considerations hereinafter set forth, mutually agree as follows:

NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF WORK
CONTRACTOR shall perform those services described in Exhibit A:
“SERVICES”, attached hereto and incorporated herein by this reference and shall comply with all relevant conditions as set forth in the Agreement.

2. TERM AND TERMINATION
The initial term of this Agreement will commence on the Effective Date and end on third anniversary of the Effective Date (the “Initial Term”).

Following the Initial Term, this Agreement shall automatically renew for successive one (1) year periods (each, a “Renewal Term”, and collectively with the Initial Term, the “Term”) unless and until either Party provides the other Party with written notice at least 90 days prior to the end of the Initial Term or the then current Renewal Term of its desire not to renew this Agreement, in which case this Agreement shall terminate at the end of the Initial Term or such Renewal Term, as the case may be. All terms and conditions of this Agreement shall remain in effect during each Renewal Term.

This Agreement may be terminated by either party upon written notice to the other party in the event that: (i) such other party commits a breach, in any material respect, of any of the terms and conditions of this Agreement applicable to it and, if such breach is capable of being cured, fails to cure such breach within 30 days (or, if it is a payment-related breach, 15 days) after receipt of written notice from the terminating party specifying such breach; or (ii) such other party ceases its business operations or becomes the subject of a petition in bankruptcy or any proceeding related to its insolvency, receivership or liquidation, in any jurisdiction, that is not dismissed within 90 days of its commencement, or an assignment for the benefit of creditors.

If this Agreement expires or is terminated for any reason: (i) CITY will pay to CONTRACTOR any amounts that have accrued before, and remain unpaid as of, the effective date of the expiration or termination; (b) any and all liabilities of either party to the other party that have accrued before the effective date of the expiration or termination will survive; (c) CONTRACTOR’s obligation to provide any further Services for CITY under this Agreement will immediately terminate; and (d) the parties’ rights and obligations under this Agreement which by their nature are intended to survive termination will survive.

3. EXHIBITS
The Exhibits are incorporated into and form an integral part of this Agreement.
a) Exhibit A. Services
b) Exhibit B. Non-Collusion Affidavit for CONTRACTOR
c) Exhibit C. Certification of Restrictions on Lobbying d) Exhibit D. Debarment and Suspension Certification

4. VANPOOL SUBSIDY ELIGIBILITY
The CITY Vanpool Program (“Program”) shall be available to vanpools for persons whose commute begins or ends in the Area. At least 80% of the vehicle’s mileage is reasonable expected to be for the purposes of transporting commuters in connection with travel between their residence and their place of employment. For purposes of this Agreement, the term “Active Van” refers to a vehicle that is in active service during a given month for at least 14 days, with a minimum average monthly ridership of 50% of the maximum seating capacity of such vehicle (such number to include the driver), eligible to receive financial assistance pursuant to this Agreement, and is operating in the Area with a signed agreement between CONTRACTOR and the driver displaying its effective dates. Each vehicle will be assigned to a qualified vanpool group. Under no circumstances shall Program vehicles be used for transporting goods or passengers for hire or compensation.

5. INDEPENDENT CONTRACTOR STATUS

The parties are independent contractor. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Except as set forth in this Agreement, nothing in this Agreement, expressed or implied is intended to give rise to any third-party beneficiary. The CONTRACTOR, and not CITY, is the employer of all the vanpool service provider employees, and the CONTRACTOR is responsible for their wages, hours, benefits, worker’s compensation, social security, and all other incidents of employment.

6. SUBCONTRACTING
A. Any contract between CONTRACTOR and any subcontractor shall comply with all provisions of this Agreement. CITY’s approval of any assignment, sublet, or transfer shall not release CONTRACTOR of any obligation under this Agreement. As between CITY and
CONTRACTOR, CONTRACTOR shall be fully responsible for the acts and omissions of the subcontractors and persons either directly or indirectly employed by CONTRACTOR. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY.

B. CONTRACTOR may use other companies within the Enterprise Holdings, Inc. corporate group, now or in the future (these companies are referred to as our “Affiliates”) to perform CONTRACTOR’s obligations or exercise CONTRACTOR’s rights under this Agreement, including to manage the Services.

7. COORDINATION/STAFFING
Each party will designate a single point of contact within its organization to manage the Program (“Project Manager”). The Project Managers will communicate as necessary to manage the Services to be performed under this Agreement.

8. COMPENSATION
CITY shall pay CONTRACTOR on a firm-fixed subsidy base in accordance with Agreement, as well as the following provisions:

A. The firm-fixed monthly subsidy to CONTRACTOR by CITY to provide the Services, shall be up to $[400] USD per month, per vanpool enrolled in the Program and complying with the Program requirements.

B. The CITY agrees and covenants that to the extent permitted by law and regulation, it will use its best efforts to obtain the authorization and appropriation of funds necessary to meet its obligations and fund performance under this Agreement, including, without limitation, the inclusion of such funds in its budgeting. The CITY further agrees to apply funds that are appropriated for the Program to the payment of its obligations under the Agreement.

C. If funds are not appropriated for this the Program, CITY must promptly notify CONTRACTOR within 7 days of knowledge of nonappropriation, and this Agreement may be terminated without penalty to either party; provided, however, that any accrued but not yet paid amounts owed to CONTRACTOR will be paid within 10 days after such termination.

9. INVOICING
A. CONTRACTOR shall invoice CITY monthly for payments of the financial assistance corresponding to actual number of approved vanpools by CONTRACTOR. Such vanpools shall be documented in a monthly report prepared by CONTRACTOR, which shall accompany each invoice submitted by CONTRACTOR. CONTRACTOR shall also furnish such other information as may be reasonably requested by CITY to substantiate the validity of an invoice. CITY’s payment in full shall constitute CITY’s final acceptance of CONTRACTOR’s work.

B. Invoices shall be submitted by CONTRACTOR on a monthly basis.

Each invoice shall be accompanied by the monthly report specified in paragraph B. Effective Date shall remit payment within 30 calendar days of the receipt of each invoice. CONTRACTOR may (i) charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full.

CITY will submit any invoice dispute in good faith to CONTRACTOR before the payment due date. CITY will reimburse CONTRACTOR for all reasonable expenses (including attorneys’ fees) incurred by CONTRACTOR in collecting overdue payments except where such payments are due to CONTRACTOR’s billing inaccuracies. CITY will be obligated to pay the undisputed portion by the payment due date. The parties will seek to resolve such billing disputes within 30 days after providing written notice to CONTRACTOR. Any outstanding amounts previously subject to a dispute will be due to CONTRACTOR 7 days after the dispute is resolved.

C. Each invoice shall include the following information:
• Agreement Number provided by CITY
• Van unit number(s)
• Driver’s Name
• Monthly Vanpool fee billed to vanpool
• Amount of approved subsidy to be applied
• The amount of payment(s) collected from each vanpool
• The time period covered by the invoice
• Any other information as agreed or reasonably requested by CITY to substantiate the validly of an invoice.

10. AMENDMENTS
Any amendment to the Agreement will be in writing, expressly state that it

is amending the Agreement, and be signed by both parties.

11. SPECIAL CONTRACT REQUIREMENTS
A. Compliance with Law – Each party shall comply with all applicable federal and state laws, including maintaining any license, permit, operating authority, insurance, or regulatory authorization required to perform their respective obligations under this Agreement.

B. Substitution of Vehicles – CONTRACTOR may replace vehicles used in the Vanpool Program at the sole discretion of CONTRACTOR.

C. Vanpool Drivers Not Employees – Vanpool drivers are not employees of CITY or CONTRACTOR, nor are they agents, servants, or employees of either party.

12. DISPUTES
The parties shall attempt in good faith to resolve any dispute arising in connection with this Agreement, by negotiations between executives who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business (a “Dispute Notice”). Within 20 days after delivery of such notice, executives of both parties shall meet at a mutually acceptable time and place (including by telephone conference), and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute in good faith. If the parties are unable to resolve any such dispute within 40 days after delivery of the applicable Dispute Notice, then thereafter either party may file suit in a court of competent jurisdiction in accordance with the governing law provisions of this Agreement. However, during such 40-day period after delivery of the applicable Dispute Notice, neither party may file suit with respect to such dispute, but nothing contained herein shall limit either party’s right to seek equitable relief at any time.

13. LIMITATION ON LIABILITY
CITY shall not be liable to CONTRACTOR for any amount owed to CONTRACTOR by participants in the Vanpool Program, including any excess mileage charges, towing, charges, roadside assistance charges, mechanical repair cost, maintenance cost, physical damage repair costs, or for the loss or theft of any CONTRACTOR owned vehicle.

Notwithstanding the foregoing, any amounts paid by participants in the Vanpool Program does not reduce or limit CITY’s obligation to pay the financial assistance contemplated by and in accordance with this Agreement.

14. INTEREST OF OFFICIALS AND THE CONTRACTOR
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. (1) participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
(2) have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. CONTRACTOR hereby covenants that it has at the time of the execution of this Agreement, no interest, and that CONTRACTOR shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONTRACTOR further covenants that in the performance of this work, no person having any such interest shall be employed.

15. [INTENTIONALLY OMITTED].

16. [INTENTIONALLY OMITTED].

17. DOCUMENTS/DATA
CONTRACTOR shall remain owner of all documents, materials, data and products provided for CITY under this Contract. CONTRACTOR shall also retain all right, title and interest in any pre-existing intellectual property secured, developed, written, or produced by CONTRACTOR prior to the execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement. CONTRACTOR will provide to CITY access to reports and data specific to this Agreement as necessary for CITY to comply with applicable law and in connection with federal, state and local transit funding efforts, upon request of CITY and within the time period set forth in Exhibit A. All reports and data will be provided at no additional charge to CITY and in a mutually agreeable electronic format.

18. IDEMNIFICATION AND INSURANCE
A. INDEMNITY.

1. CONTRACTOR at its own cost and expense, shall indemnify, defend and hold harmless CITY from, and against, any and all third-party claims, demands, actions, suits, damages, liabilities, losses and expenses, including reasonable attorney’s fees and reimbursements, for personal injury or property damage asserted by third parties (“Third-Party Claims”) to the extent caused by CONTRACTOR’s gross negligence or willful misconduct in
connection with CONTRACTOR’s performance or failure to
perform its obligations under this Agreement.

2. CITY shall promptly notify CONTRACTOR in writing of any allegation(s) that preceded the Third-Party Claims and cooperate reasonably with CONTRACTOR to resolve allegation(s) and the Third-Party Claims. If breach of this Section 18(B) prejudices the

defense of the Third-Party Claims, CONTRACTOR’s obligations under 18(B) will be reduced in proportion to the prejudice.

3. CITY will tender sole control of the indemnified portion of the Third-Party Claims to CONTRACTOR, subject to the following:
(i) CITY may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring CITY to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

4. To the extent reasonable possible, CITY shall use its good faith efforts to mitigate any losses that CONTRACTOR is obligated to indemnify against, pursuant to this indemnifications provision.

B. INSURANCE.

1. Without limiting CITY’s right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows: (Please note that these coverages do not apply to the Vanpool Drivers).

2. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

3. Commercial General Liability, to include Products/Completed Operations, Contractual Liability, and Personal Injury Liability, and Property Damage with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.

4. Automobile Liability Insurance to include owned, hired and nonowned autos with a combined single limit of $1,000,000.00 each accident.

C. VEHICLE INSURANCE.

CONTRACTOR shall maintain the following insurance for the Vanpool vehicles:

1. Automobile Liability Insurance (8 passengers and above) $1,000,000 Combined single limit, Required State Minimum Uninsured Motorist Coverage, Required State Minimum
Underinsured Motorist.

2. Automobile Liability Insurance (7 passenger vehicles) $500,000 Combined single limit, Required State Minimum Uninsured Motorist Coverage, Required State Minimum Underinsured
Motorist.

3. If a vanpool vehicle is used or operated for any purpose other than Commute to or from the Vanpool Driver’s regular workplace

location, which shall include picking up and dropping off of other passengers
• In the case of Human Service Agency, transporting clients • Movement of vehicle to a maintenance or repair facility • Movement of vehicle to a CONTRACTOR location for
replacement or return or
• Movement to a refueling or car wash facility in the normal course of a commute
A reduced insurance coverage for third-party bodily injury and property damage in the amount of $250,000 combined single limit per claim and required state minimum uninsured motorist coverage and required state minimum underinsured motorist coverage will be implemented.

D. Insurance Policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, agents, employees, representatives and volunteers are to be covered as additional insured on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

2. Primary Coverage: For any claims related with respect to performance to the extent of the CONTRACTOR’s contractual obligations under Section 18 “Indemnification”, the
CONTRACTOR’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTORS’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except by (30) days prior written notice of cancellation or material change in coverage provided to the CITY.

4. Waiver of Subrogation: CONTRACTOR herby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance to the extent of CONTRACTOR’s indemnification obligation under this agreement.

CONTRACTOR agrees to obtain any endorsement that may be

necessary to affect the waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

5. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the CITY.

6. Verification of Coverage: CONTRACTOR shall furnish the CITY’s Transportation Director with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required certificates of insurance, except for the workers compensation policy, including
endorsements required by these specifications, at any time provided however that the CONTRACTOR may redact policies of all copies requested by the CITY to prevent disclosure of confidential information not germane to the insurance coverage provided by the CONTRACTOR.

19. MISCELLANEOUS PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

Except as specifically described otherwise in this Agreement, neither the CITY nor CONTRACTOR shall assign or otherwise transfer this Agreement, whether voluntarily, involuntarily, by operation of law or otherwise, without the other party’s prior written consent, which consent shall not be unreasonably withheld or delayed. CONTRACTOR shall have the right to delegate the performance of certain obligations and duties under this Agreement to one or more affiliates of CONTRACTOR hereunder. No delegation or other transfer will relieve the affected party of any of its obligations or performance under this Agreement. Any purported assignment, delegation or transfer in violation of this Section 19 (A) is void.

B. Force Majeure: Neither party shall be liable for failure to perform under this Agreement if such failure is caused by events beyond their reasonable control, including but not limited to acts of God, war, pandemic, government regulations, natural disasters, strikes, or other labor disputes. In such cases, performance of this Agreement shall be suspended until the event or condition ceases.

C. Notices: Any notice or other communication permitted under this Agreement must be made in writing and sent to the appropriate party at the address(es) set forth below, using: (a) certified mail, registered mail

or a nationally recognized overnight courier, with such notice treated as given upon receipt or (b) email, with such notice treated as given when sent if sent during the recipient’s normal business hours or, if not, at the beginning of the next business day.

If to CITY: City of Porterville
Attn: Transportation Department
291 N. Main Street
Porterville, CA 93257
If to CONTRACTOR:

Enterprise Rent-A-Car
Company of Sacramento, LLC
150th Sunrise Avenue
Roseville, CA 95661
Attn: Maryam Amiri
With copies to:

Commute with Enterprise
600 Corporate Park Drive
St. Louis, MO 63105
Attn: Vice President
c/o Enterprise Holdings, Inc.
600 Corporate Park Drive
St. Louis, MO 63105
Attn: Corporate Legal Group
D. Choice of Law; Jurisdiction; Venue; and Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California, without regard to the conflict of laws provisions thereof, and will be litigated exclusively in the federal or state courts of competent jurisdiction for Tulare County, California; the parties consent to personal jurisdiction in those courts. CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

E. Entire Agreement: This Agreement (including the exhibits hereto), represent the entire agreement between CITY and CONTRACTOR with respect to the subject matter of this Agreement and supersede any prior oral or written understandings, negotiations, agreements, or representations among the parties of any nature to the extent they relate in any way to the subject matter hereof.

F. Severability: If any term or other provision of the Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other