Agenda packet — Porterville City Council, October 15, 2024 (part 2 of 3)

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SPECIAL PROVISIONS TO BASE CONTRACT FOR
SALE AND PURCHASE OF NATURAL GAS (FORM NAESB Standard 6.3.1)

BY AND BETWEEN MAAS ENERGY WORKS, LLC AND CITY OF PORTERVILLE DATED November 1, 2024
The following Special Provisions shall govern and control over the foregoing provisions of the General Terms and Conditions to the Base Contract between Maas Energy Works, LLC (“Party A”) and City of Porterville (“Party B”) dated November 1, 2024 and shall be considered incorporated therein for all purposes. Any reference to this Base Contract shall include the following Special Provisions. Capitalized terms used, but not otherwise defined, in the following Special Provisions shall have the meanings ascribed to them in the Contract.

The General Terms and Conditions of the Base Contract are modified as follows:

1.2 Replace Section 1.2 (Written Transaction Procedure) with the following:

Written Transaction Procedure:

1.2.The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the parties shall execute a Transaction Confirmation for such transaction. The parties acknowledge that their agreement will not be binding until both parties have executed the Transaction Confirmation, and neither party shall have a right, interest or claim with respect to such agreement prior to the mutual execution of the Transaction Confirmation.

1.3 Delete the first three sentences of Section 1.3.

7.6 Add the following phrase to the end of the next to last sentence of Section 7.6:
“; provided, however, that the finality of all invoices and billings shall not apply to taxes, and the responsible party under this Contract shall continue to be responsible for such amounts”.

8.2 Delete the last sentence of Section 8.2 and replace it with the following:
“EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN THIS CONTRACT,

SELLER HEREBY NEGATES ALL EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS AND

WARRANTIES OF ANY KIND, INCLUDING THOSE RELATING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.”

8.3 Add the following to the end of Section 8.3:
“(a) Party A. Notwithstanding any other provisions in this Contract, including, without limitation, any and all limitations on damages, Party A agrees to indemnify Party B and save it harmless from all Claims from any and all third parties, to the extent arising from or out of: (a) any Party A-provided falsehood, material inaccuracy or misleading statement or information in any supporting documentation, including, without limitation, in registrations or any attestation related to the eligibility or qualification of RINs or LCFS Credits, based on RNG sold to Party B under this Contract; (b) Party A’s gross negligence or willful misconduct or violation of law; or (c) Party A’s breach of this Contract. (b) Party B. Notwithstanding any other provisions in this Contract, including, without limitation, any and all limitations on damages, but subject to applicable law, Party B agrees to indemnify Seller and save it harmless from all Claims from any and all third parties, to the extent arising from or out of: (a) any Party B-provided falsehoods, misrepresentations, material inaccuracies or misleading statement in any supporting documentation, including, without limitation, registrations or any attestation related to RINs or LCFS Credits, based on RNG purchased from Party A under this Contract; (b) Party B’s gross negligence or willful misconduct or violation of law; or (c) Party B’s breach of this Contract.

Neither party shall be obligated to indemnify the other party and save such other party harmless to the extent any Claim arises out of or in connection with any intentional act, grossly negligent act or failure to act on the part of such other party, its officers, agents, or employees.”

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10.1 Add the following after the second sentence Section 10.1:
“Neither party shall have reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party unless the other party has failed to timely pay or perform its obligations to the other party under this Contract.”

10.3.1 Insert the following at the end of Section 10.3.1 (Early Termination Damages Apply):
“If the determination pursuant to clauses (x) and (y) above of the difference between the Market Value(s) and Contract Value(s) of all the Terminated Transactions does not result in an amount being owed to the Non-Defaulting Party, it shall be deemed that such difference is zero.”

11.2 Add the following to the end of the first sentence of Section 11.2:
“; and (vi) any cause (including, but not limited to, any of the causes described in this Section 11.2) that (a) affects the production of RNG by any RNG Source for which Party A has secured Pathways in order to generate RINs and LCFS Credits with respect to RNG and Environmental Attributes sold to Party B under this Contract and (b) is not reasonably within the control of the owner or operator of such RNG Source”. 12 Delete the second sentence of Section 12 and replace it with the following:
“The rights of either party pursuant to: (i) Section 7.6, (ii) Section 10, (iii) Section 13, (iv) Section 15, (v) the obligations to make payment hereunder, (vi) the obligation of either party to indemnify the other pursuant hereto, and (vii) any other provisions of this Contract that, by their nature or as set forth in this Contract, survive the termination of the Base Contract or any transaction, shall survive the termination of the Base Contract or any transaction.”

15.8 Delete Section 15.8 in its entirety and replace it with the following:
“(a) Each party represents and warrants to the other party as follows on the date it executes any Transaction Confirmation hereunder:
(i) General. It is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; the execution, delivery and performance of this Contract are within its powers, have been duly authorized by all necessary action and do not violate any of the terms and conditions in its governing documents, any contracts to which it is a party or any law, rule, regulation, order or the like to which it is subject; this Contract constitutes its legally valid and binding obligations enforceable against it in accordance with its terms (subject to applicable bankruptcy, reorganization, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application regardless of whether enforcement is sought in a proceeding in equity or at law); there is not pending or, to its knowledge, threatened against it any legal or regulatory proceedings that could materially adversely affect its ability to perform its obligations under this Contract. (ii) Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction Confirmation and as to whether that Transaction Confirmation is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as a recommendation to enter into such Transaction Confirmation; it being understood that information and explanations related to the terms and conditions of a Transaction Confirmation shall not be considered a recommendation to enter into such Transaction Confirmation.

No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction Confirmation. (iii) Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts the terms, conditions and risks of that Transaction Confirmation. It is also capable of assuming, and assumes, the risks of that Transaction Confirmation. (iv) Status of Parties. The other party is not acting as a fiduciary for or an adviser to it in respect of that Transaction Confirmation. Each party understands and acknowledges that the other party may, either in connection with entering into a transaction or from time to time thereafter, engage in open market transactions that are designed to hedge or reduce the risks incurred by it in connection with such transaction and that the effect of such open market transactions may be to affect or reduce the value of such transaction. (b) Each party agrees and acknowledges that it is not a “utility” as such term is used in the United States Bankruptcy Code (including 11 U.S.C. § 366) nor a provider of last resort.

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(c) Each party acknowledges that it has had the opportunity to review and negotiate this Contract with the benefit of legal counsel of its own choice, and this Contract shall be considered for all purposes as prepared through the joint efforts of the parties and shall not be construed against one party or the other as a result of the manner in which this Contract was negotiated, prepared, drafted or executed.”

15.9 Insert the following at the end of Section 15.9:
“In this Contract, unless otherwise required by the context in which any term appears: (i) all monetary figures are in United States dollars, (ii) the singular shall include the plural and vice versa; (iii) each tense shall be construed to include the masculine, feminine and neuter tenses; (iv) “person” means any individual, sole proprietorship, partnership, limited liability company, joint venture, trust, unincorporated organization, association, corporation, institution, public benefit corporation, firm, joint stock company, estate, entity or governmental agency; (v) the words “including”, “include” and “includes” shall be deemed to be followed by the phrase “without limitation;” (vi) unless otherwise provided, references in a Transaction Confirmation to “Special Conditions” shall be to the special conditions of such Transaction Confirmation; (vii) the words “herein,” “hereof,” and “hereunder” shall refer to the Transaction Confirmation in which they appear as a whole and not to any particular section; and (viii) reference to any document, statute, regulation or other law means such document, or law, in each case as the same may be amended, modified, supplemented or replaced from time to time.”

15.10 Add (a) in the second line of Section 15.10, the words “or any financial information provided by a party under the terms of this Contract” after the words “the terms of any transaction”, (b) in the third line of Section 15.10, the word “Affiliates, consultants, financing and credit providers and secured parties” before the word “employees”, and (c) the following after the last sentence of the first paragraph of Section 15.10:
“With respect to any financial statements provided in connection with the Contract, the receiving party shall keep such financial statements confidential for a period of three years following the date such financial statements were received from the disclosing party. Notwithstanding anything to the contrary, (a) with the consent sent of the disclosing party (not to be unreasonably withheld), each party may provide such information to financial institutions and other persons providing or expressing interest in providing debt financing or refinancing, lease financing and/or credit support in connection with such party’s operations, and to persons that are potential equity participants or transferees or purchasers of such party, provided that such person executes a confidentiality agreement limiting further disclosure and use of such information substantially consistent with the obligations under the confidentiality agreements to which the parties (or their Affiliates) are bound (the “Confidentiality Obligations”), and (b) each receiving party may provide such information to its board members, equity owners, employees, legal counsel, and accountants consistent with its internal governance practices, subject to the Confidentiality Obligations. For the purposes of this Section 15.10, an Affiliate shall not be considered a third party, provided that such Affiliate agrees to be bound by the Confidentiality Obligations. Each party shall be responsible for compliance with the Confidentiality Obligations by each person to whom such party discloses any confidential information of the other party.” 15 Add the following after Section 15.12 as new Section 15.13 through new Section 15.14:
“15.13. Commodity Trade Option Representations. The parties agree that all transactions under this Contract are not derivative contracts and each shall either be a forward contract within the meaning of the Commodity Exchange Act, as amended, (the “Act”) and the regulations of the Commodity Futures Trading Commission (“CFTC”), or qualify for the commodity trade option exemption under CFTC Regulation § 32.3, and in reliance upon such agreement:
(a) Forward Contract. The parties agree that as of the date any transaction is entered into between the parties:
(i) each party represents to the other that it is a commercial market participant with respect to the specified commodity;
(ii) each party represents to the other that it intends to make or take physical delivery of the specified nonfinancial commodity; and
(iii) to the extent a transaction includes any volumetric optionality, the holder of such optionality represents to the other party (a) that such optionality is primarily intended to address physical factors (such as weather, environmental factors, customer demand, available production, transport, shipping, operational constraints, or other physical factors) or regulatory requirements that reasonably influence demand for, or the supply of, the specified nonfinancial commodity; and (b) that such optionality is not primarily intended to address price risk.

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(b) Commodity Trade Option. To the extent the transaction is, or is deemed to be, a commodity option, the parties agree that as of the date the transaction is entered into between the parties:
(i) the seller of the option represents to the buyer of the option that in connection with this transaction, the seller of the option is either (a) an eligible contract participant as defined in section 1a(18) of the Act and the regulations of the CFTC, or (b) a producer, processor, commercial user of or a merchant handling the commodity that is the subject of this transaction, or the products or byproducts thereof, and is offering or entering into this transaction solely for purposes related to its business as such;
(ii) the buyer of the option represents to the seller of the option that in connection with this transaction the buyer of the option is a producer, processor, commercial user of or a merchant handling the commodity that is the subject of this transaction or the products or byproducts thereof and is offering or entering into this transaction solely for purposes related to its business as such; and
(iii) each party represents to the other that the option, if exercised, would result in the sale of an exempt commodity for immediate or deferred delivery.

15.14. Counterparts; Electronic Signatures. This Contract, including any Transaction Confirmations, may be executed in as many counterparts as are necessary and all executed counterparts together shall constitute one and the same agreement. The electronic transmission of a signed original counterpart of this Contract and transmission, or re-transmission, of an electronically-signed counterpart shall be deemed to be the same as delivery of a signed original counterpart of this Contract.”

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TRANSACTION CONFIRMATION
Effective Date: November 1, 2024
Contract No. City of Porterville-01
This Transaction Confirmation is subject to that certain Base Contract for Sale and Purchase of Natural Gas, including the Special Provisions attached thereto, dated concurrent herewith, between Seller and Buyer (the “Base Contract”).

Buyer and Seller may each be referred to in this Transaction Confirmation as a “Party” and collectively as the “Parties”. This Transaction Confirmation is binding upon execution by the Parties. Capitalized terms used in this Transaction Confirmation have the respective meaning given in this Transaction Confirmation (including in Special Condition 12) or in the General Terms and Conditions. For purposes of this Transaction Confirmation, “Gas,” as used in the General Terms and Conditions, includes RNG.

SELLER:

Maas Energy Works, LLC
1730 South Street
Redding, CA 96001
Attn: Daryl Maas
Phone: 210-527-7631
BUYER:

City of Porterville
Attn: Transportation Department
291 N. Main St.

Porterville, CA 93257
Phone: 559-782-7514
Contract Price:

The “Contract Price” ($/MMBtu) equals the Gas Index Price plus the EA Value. “Gas Index Price” means, for each MMBtu of RNG delivered hereunder in a given Month during the Delivery Period, the price published on the first Business Day of such Month in Platts Gas Daily in the table “Final Daily Price Survey – Platts Locations” under the column “Midpoint” for the geographic location closest in proximity to the Delivery Point for such MMBtu of RNG.
“EA Value” means, for each MMBtu of RNG delivered hereunder in a given Month during the Delivery Period, the sum of the following:
(a) For each RIN generated by Seller (or its designee) from such MMBtu, nineteen and eighty-nine hundredths (19.89%) of the gross proceeds received by Seller from its sale of such RIN; (b) For each Brown Gas LCFS Credit generated by Seller (or its designee) from such MMBtu, if any, one hundred percent (100%) of the gross proceeds received by Seller from its sale of such Brown Gas LCFS Credit; and (c) For each Green Gas LCFS Credit generated by Seller (or its designee) from such MMBtu, nineteen and eighty-nine hundredths (19.89%) of the gross proceeds received by Seller from its sale of such Green Gas LCFS Credit.

Table 1 below summarizes EA Value percentages and the number of Green Gas LCFS Credits to be generated from each MMBtu of RNG purchased, sold, and dispensed in accordance with this Transaction Confirmation.

Delivery Period: Begin: November 1, 2024 End: October 31, 2034

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Performance Obligation:

Subject to the terms of this Transaction Confirmation, Seller shall have a Firm obligation to sell and deliver, and Buyer shall have a Firm obligation to purchase and receive, the Contract Quantity of RNG (including all associated Environmental Attributes) at the Delivery Points on each Day of the Delivery Period. Notwithstanding anything to the contrary in this Contract, Buyer acknowledges that neither RNG nor Gas will be purchased and sold hereunder at the CNG Station Meter, and Buyer is solely responsible for procuring the Gas to be dispensed as CNG at the CNG Station.

Contract Quantity:

The “Contract Quantity” for each Month of the Delivery Period is the quantity of RNG (in MMBtus) equal to one hundred percent (100%) of the CNG (in MMBtus) dispensed as Transportation Fuel at the CNG Station in such Month, provided that the Contract Quantity for each Month shall not exceed an amount equal to the then-current Maximum Daily Quantity multiplied by the number of calendar days in such Month. “Maximum Daily Quantity” means, subject to adjustment pursuant to Special Condition 2(b), 91 MMBtus per day.

Delivery Point(s):

The Delivery Point for RNG shall be the applicable Receiving Transporter’s meter located at the interconnection between the Commercial Distribution System and the RNG Source that produced the applicable RNG, such interconnection being the location where such RNG is first introduced into a Commercial Distribution System, provided that with respect to any RNG being stored by or for the benefit of Seller in a Gas storage facility in accordance with RFS, Seller can elect for the Delivery Point to be the meter used to nominate Gas stored at such facility into a Commercial Distribution System.

SPECIAL CONDITIONS

1. Invoices and Payments: The Gas Index Price portion of the Contract Price shall be paid pursuant to Section 7 of the General Terms and Conditions. With respect to the EA Value portion of the Contract Price, the “Payment Date” for purposes of Section 7.2 of the General Terms and Conditions and with respect to any proceeds received by Seller in any Month from the sale of RINs or LCFS Credits generated from the RNG purchased and sold hereunder shall be the last Day of the Month immediately following each Month. With respect to each Month during the Delivery Period, Seller shall, on or before the last Day of the immediately following Month, provide to Buyer a report substantiating its calculation of EA Value for such Month with respect to RNG purchased and sold to Buyer hereunder, including any reconciliation with respect to amounts previously paid to Buyer hereunder (with any overpayments to Buyer either deducted by Seller from its next payment to Buyer or promptly repaid by Buyer).

2. Forecasts, CNG Station Meter Statements, and CNG Station:
a. Forecasts and CNG Station Meter Statements. Prior to the start of each Month during the Delivery Period, Buyer shall provide to Seller a non-binding estimate of the Contract Quantity for such Month. On the twentieth (20th) day of each Month during the Delivery Period, Buyer shall provide to Seller a non-binding update to such estimate. As soon as possible after the end of each Month during the Delivery Period, Buyer shall notify Seller of the amount of CNG (in MMBtus) dispensed as Transportation Fuel at the CNG Station in such Month, as measured by the CNG Station Meter and reported to Buyer on its utility invoice for such Month. Buyer shall make commercially reasonable efforts to provide Seller with access to (i) Gas delivery data from the CNG Station Meter prior to Buyer’s receipt of utility invoices, including authorizing utilities to provide Seller with real-time access to such data, and/or (ii) Gas receipt and/or CNG dispensing data that Buyer has or develops at the CNG Station, including real-time access to such data.

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b. Adjustments to Maximum Quantity. Effective upon the first day of each calendar quarter during the Delivery Period, Seller shall have the right, exercisable by giving Notice thereof to Buyer, to adjust the Maximum Daily Quantity, provided that in no event shall the adjusted Maximum Daily Quantity be less than 91 MMBtus per day.

3. RINs and LCFS Credits:
a. General. The Parties acknowledge and agree that the generation of RINs and LCFS Credits from the RNG and Environmental Attributes purchased and sold hereunder is of fundamental importance for each Party to realize commercial benefit from the transactions contemplated by this Transaction Confirmation. To that end, and subject to Buyer’s timely performance of its obligations under this Transaction Confirmation, Seller (or its designee) shall monthly generate RINs from the RNG delivered and received hereunder in accordance with the RFS and quarterly generate LCFS Credits from the RNG delivered and received hereunder in accordance with the LCFS. Seller shall use commercially reasonable efforts to maximize the gross dollar amount received by Seller from the sale by Seller of the RINs and LCFS Credits generated from the RNG and Environmental Attributes purchased and sold hereunder, taking into account (i) market circumstances existing at the time, (ii) any separate agreement or strategy agreed upon in writing by the Parties relating to the sale of RINs and LCFS Credits, and (iii) all other variables that a reasonably prudent person professionally marketing RINs and LCFS Credits in the United States of America would consider in evaluating transactions (including, but not limited to, delaying the sale of any RINs and LCFS Credits that have a reasonable likelihood of invalidation as a result of a pending or anticipated EPA or CARB enforcement action or other objective criteria until such issues have been conclusively resolved), with Buyer acknowledging that the foregoing covenant does not require Seller to obtain the highest possible price. Seller is authorized to aggregate and sell the RINs and LCFS Credits generated from the RNG delivered and received hereunder with other RINs and LCFS Credits, as applicable, that Seller owns. If, concurrent with its marketing and selling of RINs and LCFS Credits generated from RNG and Environmental Attributes purchased and sold hereunder, Seller is marketing and selling RINs and LCFS Credits generated from other RNG, Seller shall treat RINs and LCFS Credits generated from RNG purchased and sold hereunder no less favorably than RINs and LCFS Credits generated from other RNG.

With respect to all RNG and Environmental Attributes purchased and sold hereunder, (A) Seller shall be responsible for securing and maintaining Pathways in order to generate RINs and LCFS Credits therefrom, (B) as between the Parties, (1) Seller shall be the “first fuel reporting entity” for purposes of the LCFS and accepts all LCFS responsibilities as such, (2) Seller shall be responsible for the Registration of the CNG Station under the RFS and LCFS, including registering all fueling supply equipment at the CNG Station pursuant to Section 95483.2(b)(8) of the LCFS, (3) Seller shall be responsible for all record keeping and reporting under the RFS and LCFS, provided that Buyer shall be responsible for any record keeping and reporting under the RFS and LCFS to the extent the same must be performed by the owner or operator of the CNG Station, (C) Seller (or its designee) and not Buyer shall be the “generator” of RINs and LCFS Credits, (D) Buyer shall have no right to the RINs and LCFS Credits generated therefrom, (E) Buyer shall timely provide to Seller all information, documentation and support – including, but not limited to, affidavits and attestations signed by Buyer, site visits of the CNG Station – as may be necessary for any Registration, regulatory reporting, and credit generation or verification (including under a quality assurance plan) under the RFS and/or LCFS, (F) each Party shall take such action as is reasonably required consistent with this Transaction Confirmation for Seller (or its designee) to generate RINs and LCFS Credits therefrom and for Seller to market and sell the same, and (G) each Party shall not take any action that results in the invalidity of RINs or LCFS Credits generated therefrom and. Additionally, and without prejudice to the foregoing in this paragraph, each Party shall cooperate with the other Party and exercise commercially reasonable efforts in order for Seller (or its designee) to timely and efficiently generate RINs and LCFS

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Credits from the Contract Quantity together with the performance obligations of the Party’s under this Contract.

Biogas Regulatory Reform. Notwithstanding the foregoing, the Parties acknowledge that in 88 Fed. Reg. 44468 (July 12, 2023) EPA issued a final rule to implement certain “biogas regulatory reform” measures within the RFS, including modifications to the process, registration, reporting, recordkeeping, product transfer document, and/or attest engagement requirements for generating RINs from RNG. Upon and to the extent such measures become applicable to the RNG sold and purchased hereunder and notwithstanding anything to the contrary in this Transaction Confirmation (including, but not limited to, Special Condition 3(a)), the Parties agree that this Transaction Confirmation shall be deemed modified consistent with such measures, including, but not limited to, (i) Seller being obligated to cause the applicable party (e.g., the owner or operator of an RNG Source) to perform all requirements of a “biogas producer” and “RNG producer”, as applicable, under the then-effective RFS, including the “RNG producer” generating (in lieu of Seller) RINs, and (ii) Buyer being obligated to timely perform all the requirements of a “RNG RIN separator” under the then-effective RFS, including (A) separating in Buyer’s EMTS Account RINs generated from the RNG purchased hereunder and dispensed as CNG Transportation Fuel and (B) assigning such separated RINs, free of all liens and encumbrances, and claims, to Seller’s EMTS Account. The Parties agree to coordinate their respective activities to implement such measures, including, to the extent commercially practicable, to implement such activities prior to the applicable regulatory deadline(s). If the Buyer fails to timely fulfill all the requirements of an "RNG RIN separator" as per the then-effective RFS and as required by this Section, as reasonably determined by the Seller, the Seller will be appointed as the agent for all purposes to carry out all such RNG RIN separator requirements as deemed necessary by the Seller. The Seller's cost to perform such RNG RIN separator services, including third-party verification costs, will be withheld from any monies owed from the Seller to the Buyer under the agreement.

4. Seller’s Representations and Warranties: In addition to the representations and warranties elsewhere in this Contract, Seller represents and warrants to Buyer at the time of any delivery of RNG to Buyer under this Transaction Confirmation that:
a. Seller has not (directly or indirectly) sold, traded, remarketed, given away, claimed, or otherwise sold separately, and shall not sell, trade, remarket, give away, or otherwise sell separately, the Environmental Attributes from the RNG delivered hereunder, except as provided in this Transaction Confirmation in order for Seller (or its designee) to generate RINs and LCFS as contemplated hereunder; b. the RNG delivered to Buyer hereunder has been generated and injected into a Commercial Distribution System at the applicable Delivery Point in accordance with the requirements of the RFS and LCFS; c. the RNG Source(s) that produced the RNG delivered to Buyer hereunder meet the eligibility standards for Registration under the RFS and LCFS; and
d. Seller has not (directly or indirectly) taken any action that would invalidate Environmental Attributes associated with RNG delivered hereunder (or the RINs or LCFS Credits generated therefrom), including any action that would prevent Seller (or its designee) from generating RINs and LCFS Credits therefrom.

5. Buyer’s Representations and Warranties: In addition to the representations and warranties elsewhere in this Contract, Buyer represents and warrants to Seller at the time of any delivery of RNG to Buyer under this Transaction Confirmation that:
a. Buyer has not (directly or indirectly) sold, traded, remarketed, given away, claimed, or otherwise sold separately, and shall not sell, trade, remarket, give away, or otherwise sell separately, the Environmental Attributes from the RNG delivered hereunder, except as provided in this Transaction Confirmation in order for Seller (or its designee) to generate RINs and LCFS Credits as contemplated hereunder;

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b. the CNG Station meets the eligibility standards for Registration under the RFS and the LCFS; and c. Buyer has not (directly or indirectly) taken any action that would invalidate Environmental Attributes associated with RNG delivered hereunder (or the RINs or LCFS Credits generated therefrom), including any action that would prevent Seller (or its designee) from generating RINs and LCFS Credits therefrom.

6. Performance Failures Prior to Early Termination: In the event of a breach by a Party of its obligation to deliver or receive, as applicable, RNG or any other covenant, representation, or warranty hereunder resulting in a complete or partial inability or failure of Seller to generate RINs or LCFS Credits from the Contract Quantity, it shall be deemed a breach for purposes of Section 3.2 of the General Terms and Conditions. In such event, the amount due to the non-breaching Party under Section 3.2 of the General Terms and Conditions shall be calculated as follows:
a. For any such breach by Seller (which shall not constitute an Additional Event of Default under Special Condition 7(a) provided Seller timely pays the amount due under this Special Condition 6), an amount equal to the positive difference, in any, between (i) the EA Value that Buyer did not realize due to such breach by Seller, with such unrealized EA Value calculated using the Lost Generation, RIN Price, and LCFS Price, and (ii) an amount equal to (A) the net proceeds received by Buyer in connection with any RINs and LCFS Credits generated, if any, outside this Transaction Confirmation from Gas that Buyer procures, if any, following such breach by Seller to replace the RNG associated with Seller’s breach minus (B) the additional reasonable costs Buyer incurs in connection with generating and selling such RINs and LCFS Credits; and
b. For any such breach by Buyer, an amount equal to the positive difference, if any, between (i) the gross sale proceeds that Seller did not realize due to such breach by Buyer minus the associated EA Value that Buyer would have received, with such proceeds and associated EA Value calculated using the Lost Generation, RIN Price, and LCFS Price, and (ii) an amount equal to (A) the net proceeds received by Seller in connection with any RINs and LCFS Credits generated, if any, outside this Transaction Confirmation from the RNG associated with Buyer’s breach minus (B) the additional reasonable costs Seller incurs in connection with generating and selling such RINs and LCFS Credits.

For purposes of this this Special Condition 6, the following definitions shall be used:
“Lost Generation” means the number of RINs or LCFS Credits, as applicable, that would have been generated if the breaching Party had not so breached its obligation to deliver or receive, as applicable, RNG or its other covenant, representation, or warranty hereunder.
“RIN Price” means the simple average of the D3 RIN mean price published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “U.S. RINs (cts/RIN)” for the Month or Months in which the breach occurred.
“LCFS Price” means the simple average of the LCFS Credits mean prices published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “California Low Carbon Fuel Standard” for the Month or Months in which the breach occurred.

The amount of compensation due under this Special Condition 6 shall be payable four Business Days after presentation of the performing Party’s invoice, which shall set forth the basis upon which such amount was calculated.

7. Additional Events of Default and Remedies for Events of Default:
a. Additional Events of Default. Subject to Special Condition 6(a), the following are Additional Events of Default (each being an Event of Default under Section 10.2(ix) of the General Terms and Conditions) for purposes of this Transaction Confirmation:

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i. a breach by Buyer of its obligations hereunder to take delivery of and purchase the Contract Quantity from Seller each Month and dispense such quantity as CNG Transportation Fuel at the CNG Station in such Month in accordance with the RFS and LCFS;
ii. a breach by Buyer of any other Buyer covenant, representation, or warranty hereunder resulting in an inability or failure of Seller (or its designee) to generate RINs or LCFS Credits from the Contract Quantity;
iii. a breach by Seller of its obligation hereunder to deliver and sell the Contract Quantity to Buyer each Month;
iv. a breach by Seller of any other Seller covenant, representation or warranty hereunder resulting in an inability or failure of Seller (or its designee) to generate RINs or LCFS Credits from the Contract Quantity;
v. a Party committing any fraudulent act or making any misrepresentation or material inaccuracy or misleading statement in any supporting documentation delivered by such Party under this Transaction Confirmation; or
vi. a breach by a Party of any representation, warranty, or covenant of this Transaction Confirmation, other than as addressed in this Special Condition 7(a), and a failure to cure such breach within thirty (30) days after receiving Notice of such breach from the other Party. b. Early Termination Damages.
i. The second (2nd) sentence of the first (1st) paragraph of Section 10.3.1 of the General Terms and Conditions (Early Termination Damages Apply) shall be deleted in its entirety and replaced with the following text:
“The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that the positive difference, if any, of the Contract Value minus the Market Value of such Terminated Transaction(s) shall be due to:
(a) the Buyer under the Terminated Transaction(s), if Buyer is the Non-Defaulting Party and Seller is the Defaulting Party with respect to such Terminated Transactions, and (b) the Seller under the Terminated Transaction(s), if Seller is the Non-Defaulting Party and Buyer is the Defaulting Party with respect to such Terminated Transactions; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions).”
ii. If Buyer terminates this Transaction Confirmation due to an Event of Default by Seller, then for the operation of Special Condition 7(b)(i) the second paragraph of Section 10.3.1 of the General Terms and Conditions (Early Termination Damages Apply) shall be deleted in its entirety and replaced with the following text:
“(i) For the purposes of this Section 10.3.1, “Contract Value” means the monetary value of the EA Value had the Parties performed in accordance with this Transaction Confirmation until the end of the Delivery Period, with (A) the historical Monthly average quantity of the RNG purchased and sold hereunder during the twelve (12) Months prior to the Early Termination Date

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(and without considering any period prior to the commencement of the Delivery Period) used to determine the number of RINs and LCFS Credits that would have been generated until the end of the Delivery Period, and (B) such RINs and LCFS Credits being deemed monetized at the applicable RIN Market Price and LCFS Credits Price.
(ii) For the purposes of this Section 10.3.1, “Market Value” means the monetary value of RINs and LCFS Credits allocated to Buyer under a replacement contract(s) similar to this Transaction Confirmation for the purchase of the RNG that would have been sold by Seller hereunder, for the period beginning on the Early Termination Date and ending at the end of the Delivery Period, that Buyer was able to secure after exercising commercially reasonable efforts to enter into a replacement contract(s) with a creditworthy seller and using the same quantity of RNG as used to calculate the Contract Value and with such RINs and LCFS Credits being deemed monetized at the applicable RIN Market Price and LCFS Credits Price. If, after exercising commercially reasonable efforts to enter into a replacement contract(s) with a creditworthy seller for ninety (90) days after the Early Termination Date, Buyer is unable to enter into a commercially reasonable replacement contract(s) with a creditworthy seller for any portion of such RNG or period of time remaining in the Delivery Period, the “Market Value” with respect to such portion or period of time shall be deemed to be zero.
(iii)Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values.
(iv) The rate of interest used in calculating net present value shall be determined by the NonDefaulting Party in a commercially reasonable manner. (v) “RIN Market Price” means 95% of the simple average of the D3 RIN mean prices for the newest available RIN vintage published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “U.S. RINs (cts/RIN)” for the one-year period ending on the Early Termination Date.
(vi) “LCFS Credits Price” means 95% of the simple average of the LCFS Credits mean prices published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “California Low Carbon Fuel Standard” for the one-year period (or portion thereof to the extent such prices have not been so published for such one-year period) ending on the Early Termination Date.”
iii. If Seller terminates this Transaction Confirmation due to an Event of Default by Buyer, then for the operation of Special Condition 7(b)(i) the second paragraph of Section 10.3.1 of the General Terms and Conditions (Early Termination Damages Apply) shall be deleted in its entirety and replaced with the following text:
“(i) For the purposes of this Section 10.3.1, “Contract Value” means the gross sale proceeds from the sale of RINs and LCFS Credits generated from RNG purchased and sold hereunder had the Parties performed in accordance with this Transaction Confirmation until the end of the Delivery Period minus the associated EA Value that Buyer would have been entitled to, with (A) the historical Monthly average quantity of the RNG, and the weighted-average carbon intensity of such RNG (using the reasonably anticipated carbon intensity to the extent a carbon intensity has not yet been approved under the LCFS for any portion of such RNG), purchased and sold hereunder during the twelve (12) Months prior to the Early Termination Date (and without considering any period prior to the commencement of the Delivery Period) used to determine the number of RINs and LCFS Credits that would have been generated until the end of the Delivery

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Period, and (B) such RINs and LCFS Credits being deemed monetized at the applicable RIN Market Price and LCFS Credits Price.
(ii) For the purposes of this Section 10.3.1, “Market Value” means the monetary value of RINs and LCFS Credits allocated to Seller under a replacement contract(s) similar to this Transaction Confirmation for the sale of the RNG that would have been sold to Buyer hereunder, for the period beginning on the Early Termination Date and ending at the end of the Delivery Period, that Seller was able to secure after exercising commercially reasonable efforts to enter into a replacement contract(s) with a creditworthy buyer and using the same quantity of RNG and carbon intensity as used to calculate the Contract Value and with such RINs and LCFS Credits being monetized at the applicable RIN Market Price and LCFS Credits Price. If, after exercising commercially reasonable efforts to enter into a replacement contract(s) with a creditworthy buyer for ninety (90) days after the Early Termination Date, Seller is unable to enter into a commercially reasonable replacement contract(s) with a creditworthy buyer for any portion of such RNG or period of time remaining in the Delivery Period, the “Market Value” with respect to such portion or period of time shall be deemed to be zero. (iii)Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values.
(iv) The rate of interest used in calculating net present value shall be determined by the NonDefaulting Party in a commercially reasonable manner. (v) “RIN Market Price” means 95% of the simple average of the D3 RIN mean prices for the newest available RIN vintage published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “U.S. RINs (cts/RIN)” for the one-year period ending on the Early Termination Date.
(vi) “LCFS Credits Price” means 95% of the simple average of the LCFS Credits mean prices published by the Oil Price Information Service in the OPIS Carbon Market Report under the heading “California Low Carbon Fuel Standard” for the one-year period (or portion thereof to the extent such prices have not been so published for such one-year period) ending on the Early Termination Date.”

8. No-Fault Early Termination Rights:
a. Change in Law. If a legislative, executive, judicial, administrative, or regulatory body materially changes or updates any applicable law, regulation, rule, protocol, or interpretative guidance that results either in a material adverse impact on a Party’s ability to comply with the RFS or LCFS without incurring substantial and material additional costs or reduced benefits or in a material reduction in the number of RINs or LCFS Credits capable of being generated from the RNG purchased and sold hereunder (each, a “Change in Law”), then, promptly upon written request by the affected Party, the Parties shall enter into good faith negotiations to amend this Transaction Confirmation to address the effects of the Change in Law for the purpose of maintaining the original intent and relative allocation of risk, benefits, and rewards under this Transaction Confirmation prior to the Change in Law. If the Parties fail to agree upon such an amendment to this Transaction Confirmation within sixty (60) days after the affected Party’s written request, or such other time period as agreed in writing by the Parties, the affected Party may terminate this Transaction Confirmation by providing Notice to the other Party to such effect. b. Prohibitive Action. Upon the occurrence of (i) any action by a governmental authority that renders the RFS or LCFS illegal, unconstitutional, or unenforceable, or (ii) the issuance of an order, legislation, decision, or

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other legally binding action (outside of either Party’s control, and through no fault or failure of either Party) that makes it impossible for the RNG purchased and sold hereunder to generate RINs or LCFS Credits, then either Party may terminate this Transaction Confirmation by providing Notice to the other Party to such effect.
c. Early Termination Damages Do Not Apply. With respect to an early termination under this Special Condition 8, (i) termination damages with respect to this Transaction Confirmation shall be limited to any amounts owed (whether or not then due) by each Party with respect to all RNG delivered and received between the Parties under this Transaction Confirmation on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts, for which payment has not yet been made by the Party that owes such payment under this Transaction Confirmation, and (ii) there shall be no damages with respect to this Transaction Confirmation for the difference between the Market Value and Contract Value as set forth in Section 10.3.1 of the General Terms and Conditions.

9. Section 45Z: To the extent dispensation as CNG at the CNG Station of RNG purchased and sold hereunder could generate any production tax credits under Section 45Z of the Internal Revenue Code (or any successor or replacement provisions thereto), Buyer shall have no right to such production tax credits and Buyer shall reasonably cooperate with Seller (or its designee) so that Seller (or its designee) can generate and realize the value of such production tax credits.

10. Indexes: If an index used to calculate a price or value under this Transaction Confirmation (“Original Index”) ceases to be published or is not published for any period applicable to calculation of such price, the Parties shall in good faith meet and promptly agree on a replacement index within ten Business Days after the date the Original Index ceases to be published. Such replacement index shall be as comparable as possible to the Original Index.

11. Disputes: Unless otherwise agreed in writing signed by the Parties, each Party shall diligently continue to perform its obligations under the Contract during the pendency of any disputes or arbitration proceedings so long as all undisputed amounts payable hereunder have been paid. EACH PARTY WAIVES, TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION, CLAIM OR PROCEEDING RELATING TO THIS CONTRACT.

12. Definitions:
“Book and Claim” means indirect accounting as set forth in Section 95488.8(i)(2) of the LCFS. “Brown Gas LCFS Credit” means the number of LCFS Credits that would have been generated by Seller from the dispensation as CNG by Buyer at the CNG Station of a MMBtu of RNG purchased and sold hereunder if such MMBtu had a carbon intensity equal to the then-current carbon intensity as determined by CARB for “Compressed Natural Gas from Pipeline Average North American Fossil Natural Gas” or, if such carbon intensity is no longer determined by CARB, its functional equivalent. Buyer acknowledges that because the carbon intensity standards under Section 95484 of the LCFS decline each year, Brown Gas LCFS Credits may not be generated from the entire Contract Quantity purchased and sold hereunder. “CARB” means the California Air Resources Board or its successor. “CNG” means compressed natural Gas.
“CNG Station” means the CNG fueling station at the location set forth in Table 2 below, at which Gas is withdrawn from a Commercial Distribution System physically connected to the applicable Delivery Point, converted into CNG and dispensed for use in California as a Transportation Fuel, wherein such facility would meet the requirements for RIN and LCFS Credits generation if the withdrawn Gas is matched and bundled with Environmental Attributes of RNG.

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“CNG Station COD” means the date the CNG Station commences commercial dispensation of Transportation Fuel.
“CNG Station Meter” means the utility meter that is (a) located at the physical connection between the CNG Station and the local Gas distribution system, and (b) used to measure withdrawals of Gas dispensed as CNG at the CNG Station.
“Commercial Distribution System” means a commercial Gas distribution system physically connected by pipeline, barge, truck, or rail as set out in 40 C.F.R. §80.1426(f)(11)(ii) to the applicable Delivery Point. “EMTS Account” means the EPA Moderated Transaction System Account for RINs. “Environmental Attributes” means, for each MMBtu of RNG, renewable fuel attributes and/or greenhouse gas emission reduction recognition in any form (including verified emission reductions, voluntary emission reductions, offsets, allowances, credits, avoided compliance costs, emission rights, and authorizations under any law or regulation, or any emission reduction registry, trading system, or reporting or reduction program for greenhouse gas emissions that is established, certified, maintained, or recognized by any international, governmental, or nongovernmental agency) associated with RNG and necessary to generate RINs under the RFS or LCFS Credits under the LCFS. “Environmental Attributes” do not include (i) any energy, capacity, reliability, or other power attributes from a generating project; (ii) investment tax credits, production tax credits, or other tax credits associated with the construction or operation of energy projects and other financial incentives in the form of credits, reductions, or allowances associated with an energy project that are applicable to a state or federal income taxation obligation; (iii) fuel-related subsidies or “tipping fees” that may be paid to accept certain fuels, or local subsidies received by the dairy operator for the destruction of particular pre-existing pollutants or the promotion of local environmental benefits; or (iv) emission reduction credits encumbered or used by a generating project for compliance with local, state or federal operating and/or air quality permits.
“EPA” means the United States Environmental Protection Agency or its successor. “Green Gas LCFS Credit” means (a) the number of LCFS Credits generated by Seller from the dispensation as CNG by Buyer at the CNG Station of a MMBtu of RNG purchased and sold hereunder assuming, assuming such RNG has a carbon intensity equal to -265 gCO2e/MJ minus (b) the number of Brown Gas LCFS Credits, if any, associated with such MMBtu of RNG.
“LCFS” means the California Low Carbon Fuel Standard, or as the context may require, the regulations thereunder, as set forth in §95480 et seq. of Title 17 of the California Code of Regulations, as may be subsequently amended, modified, or restated from time to time.
“LCFS Credit” means a credit generated and traded under the LCFS, with each credit representing one metric ton of carbon dioxide equivalent emissions reduced.
“LCFS Pathway” means a CARB-approved fuel pathway pursuant to the LCFS for RNG purchased and sold hereunder (including any applicable Book and Claim requirements) as necessary for the creation and the receipt of LCFS Credits associated with the dispensation of such RNG as CNG Transportation Fuel. “Pathways” means each of the LCFS Pathway(s) and the RFS Pathway. “Registration” means registration of any RNG Source, Parties, RNG, the CNG Station, or Pathways, as applicable, with the EPA, CARB, or other governmental or certifying entity, as applicable, such that the RNG purchased and sold hereunder is eligible to generate RINs under the RFS and LCFS Credits under the LCFS.

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“RFS” means the renewable energy program and policies established by the EPA and first published on March 26, 2010 at 75 Fed. Reg. 14670 (codified at 40 C.F.R. §80.1401 et seq. (2012)) that became effective on July 1, 2010, as has been and may be subsequently amended, modified, restated from time to time. “RFS Pathway” means an EPA-approved renewable fuel pathway pursuant to the RFS for RNG purchased and sold hereunder as necessary for the creation and the receipt of RINs associated with the dispensation of such RNG as CNG Transportation Fuel.
“RIN” means a renewable identification number generated to represent a volume of renewable fuel under and in accordance with the RFS.
“RNG” means methane derived from biogas, or synthetic natural gas derived from renewable resources, including the organic portion of municipal solid waste, which (a) has been upgraded to meet standards for injection to a natural gas common carrier pipeline, or for use in natural gas vehicles, natural gas equipment, or production of renewable hydrogen, and (b) satisfies (i) either the definition of “biogas” under Section 80.1401 of Title 40 of the Code of Federal Regulations or the definition (upon it become effective for purposes of the RFS) of “RNG” under Section 80.2 of such Title 40, and (ii) the definition of “biomethane” under the LCFS. “RNG Source” means, with respect to a MMBtu of RNG purchased and sold hereunder, the RNG production facility that produced such MMBtu.
“Transportation Fuel” means CNG derived from RNG that qualifies for receipt of RINs under the RFS and LCFS Credits under the LCFS.

TABLE 1
RINs and LCFS Credits
Year
Percentage Used to Calculate EA Value Green Gas
RIN Brown Gas LCFS Credits**
LCFS Credits*
Green Gas
LCFS Credits
2024 19.89% 100% 19.89% 0.31349
2025 19.89% 100% 19.89% 0.31242
2026 19.89% 100% 19.89% 0.31134
2027 19.89% 100% 19.89% 0.31027
2028 19.89% 100% 19.89% 0.30919
2029 19.89% 100% 19.89% 0.30812
2030 19.89% 100% 19.89% 0.30704
2031 19.89% 100% 19.89% 0.30596
2032 19.89% 100% 19.89% 0.30488
2033 19.89% 100% 19.89% 0.30488
2034 19.89% 100% 19.89% 0.30488

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* Because the carbon intensity standards under the LCFS decline each year, Brown Gas LCFS Credits may not be generated each year
** per MMBtu of RNG dispensed as CNG Transportation Fuel based on a carbon intensity of -250 gCO2e/MJ; does not include Brown Gas LCFS Credits
TABLE 2
CNG Station
CNG Station
Meter ID
Distribution
Company Location Approximate Daily CNG Dispensation
XXXXXX SoCalGas 555 N. Prospect
Porterville, CA 93257
91 MMBtus
[Remainder of Page Intentionally Left Blank; Signature Page Follows]

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IN WITNESS WHEREOF, the Parties have signed this Transaction Confirmation in multiple counterparts, effective as of the Effective Date.

Seller: Maas Energy Works, LLC
By: Daryl Maas
Title: CEO
Date:

Buyer: City of Porterville
By: David Tree
Title: Director of Transportation
Date:

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Buyer and Seller may each be referred to in this Transaction Confirmation as a “Party” and collectively as the “Parties”. This Transaction Confirmation is binding upon execution by the Parties. Capitalized terms used in this Transaction Confirmation have the respective meaning given in this Transaction Confirmation (including in Special Condition 5) or in the General Terms and Conditions. Concurrent with the execution of this Transaction Confirmation, the Parties are executing that certain Transaction Confirmation, dated concurrent herewith, under which Seller purchases RNG from Buyer at the Delivery Points (the “RNG TC”).

SELLER:

City of Porterville
Attn: Transportation Department
291 N. Main St.

Porterville, CA 93257
Phone: 559-782-7514
BUYER:

Maas Energy Works, LLC
1730 South Street
Redding, CA 96001
Attn: Daryl Maas
Phone: 210-527-7631
Contract Price ($/MMBtu): Gas Index Price
Delivery Period: Begin: Concurrent with the
commencement of the “Delivery Period” under the
RNG TC
End: Concurrent with the end of the “Delivery Period”
under the RNG TC
Performance Obligation:

Contract Quantity:

The “Contract Quantity” on each Day of the Delivery Period and with respect to each Delivery Point shall be the quantity of Gas equivalent to the quantity of RNG delivered and sold under the RNG TC at such Delivery Point on such Day.

Delivery Points:

The Delivery Point(s) shall be the same as the Delivery Point(s) under the RNG TC.

SPECIAL CONDITIONS

1. No Environmental Attributes: The Gas that Seller sells and delivers and Buyer purchases and receives under this Transaction Confirmation shall not include any Environmental Attributes.

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2. Scheduling and Nominations: The quantities of Gas nominated and delivered hereunder at each Delivery Point on each Day of the Delivery Period shall be identical to the quantities of RNG nominated and delivered under the RNG TC at such Delivery Point on such Day.

3. Invoices and Netting: Buyer, rather than Seller, shall be responsible for invoicing under Section 7.1 of the General Terms and Conditions for any Gas delivered and received under this Transaction Confirmation in the preceding Month. Amounts due under this Transaction Confirmation shall be subject to netting under Section 7.7 of the General Terms and Conditions with amounts due under the RNG TC.

4. Termination: This Transaction Confirmation shall terminate, without any further action of the Parties, concurrently with any early termination of the RNG TC. Upon any such early termination of this Transaction Confirmation, (a) termination damages with respect to this Transaction Confirmation shall be limited to any amounts owed (whether or not then due) by each Party with respect to all Gas delivered and received between the Parties under this Transaction Confirmation on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts, for which payment has not yet been made by the Party that owes such payment under this Transaction Confirmation, and (b) there shall be no damages with respect to this Transaction Confirmation for the difference between the Market Value and Contract Value as set forth in Section 10.3.1 of the General Terms and Conditions.

5. Definitions:
“Environmental Attributes” shall have the meaning set forth in the RNG TC. “Gas Index Price” shall have the meaning set forth in the RNG TC. “RNG” shall have the meaning set forth in the RNG TC.
[Remainder of Page Intentionally Left Blank; Signature Page Follows]

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IN WITNESS WHEREOF, the Parties have signed this Transaction Confirmation in multiple counterparts, effective as of the Effective Date.

Seller: City of Porterville
By: David Tree
Title: Director of Transportation
Date:

Buyer: Maas Energy Works, LLC
By: Daryl Maas
Title: CEO
Date:

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CNG DISPENSER AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF TULARE
I the undersigned, [Richard Tree], [Transportation Director] of City of Porterville (“CP”), acting on behalf of CP, hereby attest to the following statements to the best of my knowledge and belief:
1) I oversee the supply and distribution of CNG for vehicle fuel use at CP; 2) CP owns and operates the following station that sells CNG as a transportation fuel (“Qualified CNG Facilities”):

Table 1: Qualified CNG Facilities
Site Name Street Address City State Postal Code Meter ID LDC Supplying Gas City of
Porterville
CNG Station
555 N.

Prospect
Porterville California 93257 XXXXXX SoCalGas Company
3) CP has entered into a purchase and sale agreement with Maas Energy Works, LLC (“MEW”) for the supply of biogas-derived pipeline quality gas that is used at the Qualified CNG Facilities, such agreement as follows:
a. The delivery period is November 1, 2024 to October 31, 2034; b. The Maximum Daily Quantity (“Max DQ”) of the agreement is 91 MMBTU per day; c. The delivery points include the meters identified at the Qualified CNG Facilities; 4) Pipeline quality gas purchased at the Delivery Points noted above is converted at the Qualified CNG Facilities into Renewable CNG, as defined in 40 CFR §80.1401, for use as a transportation fuel; 5) At each of the Qualified CNG Facilities, the volume of biogas-derived pipeline quality gas withdrawn from the commercial distribution system to produce renewable CNG for use as a transportation fuel is measured by continuous metering, and after such meter, the CNG is used as transportation fuel and for no other purpose; 6) CP has not and will not generate RINs nor represent the fuel for sale as biogas with the ability to generate RINs to any other party;
7) The capacity of the Qualified CNG Facilities to produce and dispense CNG as transportation fuel is greater than 91 MMBTU/day.

DATED THIS ___ DAY OF ______, 2024

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______________________________
[NAME]
[TITLE]
City of Porterville

STATE OF CALIFORNIA
COUNTY OF ________________
On _______________________________ before me, _______________________________________________________________, Date Name of Notary
personally appeared __________________________________________________________________________________________, Name of Signer who proved to me on the basis of satisfactory evidence to be the person described herein and who has signed this Affidavit and acknowledged that he/she signed the Affidavit freely and voluntarily for the purposes and uses herein described.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item No. 13.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Award of Professional Services Agreement to Clean Energy for Compressed Natural Gas (CNG) Fueling Station Maintenance Services
SOURCE: Public Works
COMMENT: The City of Porterville operates a Compressed Natural Gas (CNG) fueling station to support the City's fleet of vehicles, which includes transit and public works vehicles. This station plays a critical role in supporting the City’s sustainable transportation initiatives. Regular maintenance of the CNG fueling infrastructure is essential to ensure continuous operations, safety, and compliance with environmental regulations.

In response to the need for ongoing maintenance, the City issued Request for Proposals (RFP) No. 24/25-SR1982 on August 20, 2024, to seek qualified service providers to manage routine inspections, preventive maintenance, emergency repairs, and parts replacement for the CNG fueling station.

The City received the following proposals, which were evaluated on a range of criteria, including understanding of the scope of work, technical approach, experience, key personnel, and cost.

Vendor Score
Clean Energy 94
Trillium 93
Clean Energy has been in operation since 1996 and maintains over 100 CNG fueling stations for various public agencies. The firm's extensive experience, particularly with federally funded transit projects, made it the most qualified vendor. Key advantages of Clean Energy’s proposal include its local presence, 24/7 customer support, quick access to spare parts, and a well-equipped team of technicians. Clean Energy’s monthly cost includes $1,520 for site inspections and $725 for 24/7 remote monitoring. A one-time installation fee of $10,370 for its proprietary remote monitoring system is also included.

Trillium USA submitted a competitive proposal but offered a higher monthly fee of $4,500 for maintenance services. While their technical approach was solid, the cost difference between the two proposals was a key consideration.

The overall points awarded to Clean Energy totaled 94 out of 100, slightly surpassing Trillium USA’s 93 points.

The five-year contract with Clean Energy includes the following costs:

Item No. 13.
• Monthly fee for site inspections: $1,520
• Monthly fee for 24/7 remote monitoring services: $725 • One-time installation fee for remote monitoring system: $10,370 • Hourly rates for time and material services: $160/hour (standard) and $240/hour (after hours)
Total estimated five-year cost: $145,070.

The CNG Facility Maintenance Agreement between the City of Porterville and Clean Energy would be effective upon execution by both parties for a initial term of five (5) years. The agreement may be extended under the same terms and conditions for up to five (5) additional one (1) year terms, upon the mutual written consent of both parties. Funding for this project has been appropriated in the Transportation Department budget. Of this total, 80% is funded by the Federal Transit Administration (FTA) and 20% by Transit Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council:

1. Approve the draft professional services agreement with Clean Energy for the maintenance of the City’s CNG
fueling station at an estimated monthly cost of $2,245 and a one-time fee of $10,370 for remote monitor software
and equipment; and

2. Authorize the Mayor, or designee, to execute the
agreement and any related documents on behalf of the
City of Porterville.

ATTACHMENTS: 1. Draft Agreement

2. Clean Energy Proposal

3. Clean Energy Price Proposal

4. Porterville RFP # 24-25-SR1982_Plan Holders

5. Porterville RFP # 24-25-SR1982_Scoring Matrix
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
1 ID # _____ (rev. 1.20.2024)

CNG FACILITY MAINTENANCE AGREEMENT
This CNG Facility Maintenance Agreement (this “Agreement”) is dated as of the 15th day of October, 2024 (the “Effective Date”) by and between City of Porterville, a charter city and municipal corporation (“City”), and Clean Energy, a California corporation (“Clean Energy”). The City and Clean Energy may be referred to herein as a “Party” individually and the “Parties” collectively.

RECITALS
WHEREAS, on August 20, 20204, the City issued a Request for Proposals No. 24/25-SR1982 for Compressed Natural Gas (CNG) Fuel Station Maintenance Services as described in Appendix 2; WHEREAS, on September 25, 2024, Clean Energy submitted its proposal on September 24, 2024, outlining its services, qualifications and technical capabilities for maintaining CNG fueling stations as described in Appendix 3;
WHEREAS, the City owns a compressed natural gas (“CNG”) station located at 555 N. Prospect Street, Porterville, CA 93257 (the “Facility”) on property owned by the City (the “Property”); WHEREAS, the Facility includes the equipment listed on Appendix 1 attached hereto (the “Equipment’); WHEREAS, the City desires for Clean Energy to provide Services (hereinafter defined) at the Facility on the City’s behalf, upon the terms set forth herein.

NOW THEREFORE, in consideration of the respective covenants and promises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Term of Agreement. The initial term of this Agreement shall commence on the Effective Date and end on the 5-year anniversary of the Effective Date. Upon the mutual written consent (email to suffice) of both Clean Energy and the City, this Agreement may be extended under the same terms and conditions for up to five (5) additional one (1) year terms. The initial term and any renewal terms are referred to herein as the "Term."

2. License for Access to Facility. The City hereby grants to Clean Energy during the Term, a license for ingress, egress, and general access to the Facility and the Property to the extent necessary for Clean Energy to provide the Services (as defined below).

3. Maintenance of Facility
(a) Clean Energy’s Responsibilities. The City hereby engages Clean Energy as the exclusive service provider to maintain the Facility as described in Exhibit A, attached hereto, and to perform certain other services relating to the Facility, as described in Exhibit B, attached hereto, (collectively, the “Services”), all on the terms and conditions and as more fully described in this Agreement. Clean Energy hereby accepts such engagement and agrees to perform the Services in accordance with the terms and conditions of this Agreement. 2 ID # _____ (rev. 01.20.2024)
(b) Fees. As consideration for providing the Services under this Agreement, the City shall pay Clean Energy the amounts set forth in Exhibit B attached hereto. (c) Service Guidelines. Clean Energy shall provide the Services in material compliance with any and all Applicable Laws. For purposes of this Agreement, “Applicable Law” shall mean (a) all applicable federal, state, and local statutes, laws, requirements, decrees, ordinances, and codes, of all governmental authorities, including any federal, state, and local governments or any departments, bureaus, or agencies thereof having jurisdiction over the Property or the Facility; and (b) all other applicable rules, regulations, interpretations, and orders of any commissions, boards, agencies, or other legislative, executive, judicial, or other governmental or quasi-governmental bodies or officers having jurisdiction to regulate or supervise the Property or the Facility. (d) Training of Personnel. Clean Energy shall be responsible for the selection and training of all Clean Energy employees or contractors that perform Services pursuant to this Agreement.

All personnel employed or controlled by Clean Energy shall be appropriately trained and shall comply with all applicable safety processes and procedures standard for the maintenance of a CNG facility.
(e) Permits and Approvals. The City shall, at the City’s cost, be responsible for obtaining and maintaining any licenses, permits, or approvals required to operate and maintain the Property and the Facility, except for any such licenses, permits or approvals that Clean Energy is legally required to obtain in its name in connection with its provision of the Services. (f) Property Conditions. If, at any time during the Term, it is determined that underground hazards, soil contaminants and/or soil conditions exist (including, without limitation, migratory pollution or other migratory conditions) that were not brought to the Property by Clean Energy and that either (a) require removal, replacement, and disposal of soils or materials, (b) require remediation, or (c) require unanticipated soil or foundation preparation work, Clean Energy shall not be financially and/or legally responsible for such underground hazards, soil contaminants and/or soil conditions and any required remediation, removal, replacement preparation work, and/or disposal. If the City does not commence, within ten (10) days after discovery of any such underground hazard or soil contaminant or soil condition, and thereafter diligently prosecute to completion the correction of such condition, Clean Energy may, without further obligation or penalty, terminate this Agreement by written notice to the City, and the City shall pay Clean Energy all amounts which accrued up to the date of the termination and reimburse Clean Energy for any and all reasonable costs related to the repair and maintenance of the Facility, paid or irrevocably committed to by Clean Energy prior to the date of the termination. This Section shall survive the termination of this Agreement.

4. The City’s Obligations and Responsibilities.
(a) Facility Expansion. The City will be responsible for any expenses or costs that may be required to expand the capacity or functionality of the Facility and the City will be responsible for any expenses resulting from a Force Majeure event (as defined below), provided such repairs are not required as a result of Clean Energy’s negligence.
(b) Utilities and Fuel. The City will be responsible for the provision and payment of any and all utility service charges for utility service consumed at the Facility during the Term (including, without limitation, gas, electricity, water, waste disposal, refuse collection, phone, internet access 3 ID # _____ (rev. 01.20.2024)
and other utility-type services furnished to Clean Energy or the Facility). Notwithstanding anything to the contrary and for the avoidance of doubt, Clean Energy makes no representation or warranty regarding the quality, specification or content of natural gas dispensed from the Facility. (c) Maintenance of Property. The City shall be responsible for and shall at its own expense maintain the surrounding Property in the vicinity of the Facility. (d) Payment of Clean Energy Billings. The City shall pay each invoice submitted by Clean Energy within thirty (30) days following receipt of the invoice by the City. For purposes of this Section, receipt shall be defined as the day the invoice is transmitted by Clean Energy. Any payments not made when due shall accrue interest on the unpaid amount at a rate of 10% per annum, calculated from the date payment is due to and including the date payment is received by Clean Energy. IF PERMITTED BY LAW, CLEAN ENERGY SHALL PASS THROUGH TO THE

CITY ANY SURCHARGES INCURRED BY CLEAN ENERGY RELATED TO THE CITY’S PAYMENT OF ITS INVOICES THROUGH USE OF A CREDIT CARD.

In the event that the City fails to make payments in a timely manner or fails to meet Clean Energy’s continuing credit approval, Clean Energy may suspend any and all services provided under this Agreement, until such time as the City brings payments current and meets Clean Energy’s continuing credit approval.
(e) Taxes. The City shall be responsible for any taxes (including, without limitation, any real property taxes and assessments) relating to the Property and taxes that are determined by reference to the selling price of the services or parts provided under this Agreement unless the City has provided a valid exemption certificate prior to the rendering of such services or delivery of the parts.
(f) Compliance with Law. In performing its obligations under this Agreement, the City shall comply in all material respects with all Applicable Laws. (g) Materials. In the event that the City has required Clean Energy to store materials on the Property for the Facility, upon the expiration or termination of the Agreement, the City shall purchase all materials stored on the Property by Clean Energy at such time at a mutually agreeable price no less than documented Clean Energy purchase price.

5. Termination.
(a) For Convenience. The City may terminate this Agreement, in whole or in part, at any time for its convenience and without cause by providing Clean Energy with thirty (30) days’ written notice. In the event of such termination, the City shall be liable only for payment for services satisfactorily rendered and expenses incurred up to the effective date of termination. Clean Energy shall not be entitled to any other form of compensation, including for anticipated profits or unperformed services.
(b) For Default or Breach. Either Party may terminate this Agreement for default if the other Party: (a) becomes insolvent; (b) files any proceeding in bankruptcy, or acquires bankruptcy status; (c) has a receiver or receiver manager appointed with respect to it or any of its assets; or (d) seeks the benefit of any statute providing protection from creditors. Either Party may also terminate this Agreement for breach if the other Party materially breaches any provision of this Agreement 4 ID # _____ (rev. 01.20.2024)
provided: (i) the non-breaching Party provides the breaching Party with written notice of breach and a thirty (30) day period within which to cure such breach ("Cure Period"); and (ii) the breaching Party fails to cure each such breach within the Cure Period provided, however, that where it is not commercially reasonable to fully effect a cure to the other Party within the thirty (30) day period set forth above, the Party in breach shall not be deemed to be in default of the Agreement and subject to termination for cause where it commences implementation of the cure within such thirty (30) day period and thereafter proceeds diligently to cure the breach to the reasonable satisfaction of the non-breaching Party. Any termination of this Agreement shall be without prejudice to each right and/or remedy which the non-breaching Party may possess against the breaching Party under this Agreement, at law, in equity, and/or otherwise. In the event of termination, the City shall pay Clean Energy all amounts which accrued up to the date of the termination and reimburse Clean Energy for any and all reasonable costs related to the repair and maintenance of the Facility, paid or irrevocably committed to by Clean Energy prior to the date of the termination. The preceding sentence shall survive termination of this Agreement.

6. Ownership of Facility and Improvements. As between Clean Energy and the City, all right, title, and interest in and to the Facility and any improvements made to the Facility shall at all relevant times remain with the City. The City retains all rights in and to the Facility and any improvements thereon.

7. Warranty.

With respect to services performed by Clean Energy pursuant to this Agreement, for a period of one (1) month from the date of performance of such services (the “Warranty Period”), Clean Energy warrants to the City that the services shall be free from defects in workmanship (the “Warranty”).

If the City gives Clean Energy prompt written notice of breach of this Warranty during the Warranty Period, Clean Energy shall, at its sole option and as the City’s sole remedy, either re-perform the service (the City to provide Clean Energy with unencumbered access to the Property and equipment) or refund the purchase price therefore. The CIty shall bear the costs of access for Clean Energy’s remedial Warranty efforts (including removal and replacement of systems, structures or other parts of the City’s facility), de-installation, re-installation and transportation of the parts to Clean Energy and back to the City. If Clean Energy determines that any claimed breach is not, in fact, covered by this Warranty, the City shall pay Clean Energy its then customary charges for any re-performance completed by Clean Energy, or, in the event Clean Energy refunded the City the purchase price, the City shall return the purchase price to Clean Energy. Clean Energy’s warranty is conditioned on the City’s (a) operating and maintaining the applicable work in accordance with Clean Energy’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Clean Energy. Clean Energy’s warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Clean Energy). Warranty repair or replacement shall not extend or renew the applicable Warranty Period.

With respect to equipment, part(s) or material(s) provided by Clean Energy to the City pursuant to this Agreement, Clean Energy hereby assigns to the City, to the extent assignable, any warranties made to Clean Energy by the applicable manufacturer or supplier, and Clean Energy shall have no other liability to the City related to the supplied equipment, part or material under warranty, tort or any other legal theory.
5 ID # _____ (rev. 01.20.2024)
THE WARRANTIES SET FORTH IN THIS SECTION ARE CLEAN ENERGY’S SOLE AND EXCLUSIVE WARRANTIES. CLEAN ENERGY MAKES NO OTHER WARRANTIES OF

ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.

8. Indemnification.
(a) Clean Energy hereby agrees to indemnify, hold harmless and defend the City, and its officers, directors, employees and agents (collectively, the “City Indemnitees”), from and against any and all liabilities, penalties, fines, forfeitures, fees, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys’ fees (collectively, “Damages”), which any or all of the City Indemnitees may hereafter suffer, incur, be responsible for or pay out, including for personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent caused by, or arising from or in connection with: (a) Clean Energy’s material breach of any representations, covenants or warranties of Clean Energy set forth in this Agreement; (b) any negligent actions or omissions or willful or reckless misconduct of Clean Energy, its employees, officers, owners, directors or agents in the performance of this Agreement; or (c) the material violation of any law, ordinance or regulation by Clean Energy. Such indemnity shall exclude Damages to the extent they arise as a result of any negligent actions or omissions or willful or reckless misconduct of the City Indemnitees. (b) The City hereby agrees to indemnify, hold harmless and defend Clean Energy, and its officers, directors, employees and agents (collectively, the “Clean Energy Indemnitees”), from and against any and all liabilities, penalties, fines, forfeitures, fees, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys’ fees (collectively, “Damages”), which any or all of the Clean Energy Indemnitees may hereafter suffer, incur, be responsible for or pay out, including for personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent caused by, or arising from or in connection with:
(a) the City’s material breach of any representations, covenants or warranties of the City set forth in this Agreement; (b) any negligent actions or omissions or willful or reckless misconduct of the City, its employees, officers, owners, directors or agents in the performance of this Agreement; (c) the material violation of any law, ordinance or regulation by the City; or (d) any pre-existing or migratory environmental condition or hazard. Such indemnity shall exclude Damages to the extent they arise as a result of any negligent actions or omissions or willful or reckless misconduct of the Clean Energy Indemnitees.

9. Insurance Requirements.

The City and Clean Energy shall each procure at their respective expense, and maintain in full force and effect during the Term of this Agreement, including any renewals, with insurance carriers rated at least A- VII or Better in A.M. Best's Insurance Report and admitted to do business in the state where the Facility is located, the following primary insurance in at least the minimum amounts specified, with the other respective Party named in the commercial general liability policy (or excess liability or umbrella liability policy, if applicable) and the automotive liability policy as an additional insured and including a transfer of rights or waiver of subrogation endorsement. Such insurance, excluding workers compensation, shall be endorsed to require at least thirty (30) days' written notice to the other respective Party of cancellation. 6 ID # _____ (rev. 01.20.2024)
(a) Commercial General Liability Insurance, including coverage at least as broad as the latest version of the Insurance Service Office Commercial General Liability coverage (occurrence form CG001) to a combined single limit of not less than $15,000,000. Excess liability or umbrella liability coverage may be used to evidence or provide limits in addition to primary limits of no less than $1,000,000 on the commercial general liability policy. (b) Commercial Automobile Liability Insurance, including owned, nonowned and hired automobiles covering bodily injury and property damage, to a combined single limit of $1,000,000.
(c) Workers Compensation and Employers Liability
(i) Workers compensation in compliance with applicable state and federal laws.
(ii) Employers liability with a limit of not less than $1,000,000.

The requirements for carrying the foregoing insurance shall not derogate from the provisions of indemnification as set forth in this Agreement. If a Party maintains higher limits than the minimums shown above, the other Party requires and shall be entitled to coverage for the higher limits maintained.

The City shall send certificates of insurance evidencing such coverage within thirty (30) days after the date of this Agreement to:

Clean Energy
4675 MacArthur Court, Suite 800
Newport Beach, CA 92660
Attn: Barbara Johnson
Fax: (949) 724-1568
Email: [email protected]
Clean Energy shall send certificates of insurance evidencing such coverage within thirty (30) days after the date of this Agreement to:

City of Porterville
555 N. Prospect St
Porterville, CA 93257
Attn: Richard Tree
Email: [email protected]

10. Assignment. Neither Party shall have the right to assign its rights or obligations hereunder, in whole or in part, without obtaining the prior written consent of the other Party and any attempted assignment without such prior written consent shall be void. Permitted assigns shall have the benefit of, and shall be bound by, all terms and conditions of this Agreement.

11. Liens. The City represents that it is the owner of the Property and has full authority to enter into this Agreement. So long as the City is not in breach of any term of this Agreement and has timely paid all of Clean Energy’s invoices, then Clean Energy shall make timely payment to all contractors performing 7 ID # _____ (rev. 01.20.2024)
work on behalf of Clean Energy and shall, at its expense, cause any lien filed by any contractor performing work on behalf of Clean Energy to be canceled or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise within thirty (30) days after Clean Energy receives actual notice of the filing of such lien, charge, or order for the payment of money.

12. Relationship of Parties. Clean Energy and the agents and employees of Clean Energy in the performance of this Agreement shall act in an independent capacity as independent contractors and not as officers or partners or employees or agents of the City.

13. Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the State of California.

14. Attorneys’ Fees. In the event of any litigation between the Parties concerning any provision of this Agreement or the rights and obligations of any party in relation thereto, the prevailing Party shall be entitled to an award for all costs incurred by reason of such litigation, including but not limited to reasonable attorneys’ fees and fees and expenses of witnesses. The trier of fact shall designate the prevailing Party.

15. Notices. Any notice, demand, offer, or other written instrument required or permitted to be given pursuant to this Agreement shall be in writing signed by the Party giving such notice and shall be hand delivered or sent by certified mail, return receipt requested, or overnight courier or facsimile to the other Party at such address as set forth below:

If delivered to City:

City of Porterville
Attn: Richard Tree
555 N. Prospect St
Porterville, CA 93257
Email: [email protected]
If delivered to Clean Energy:

Clean Energy
Attn: Chad Lindholm
4675 MacArthur Court, Suite 800
Newport Beach, CA 92660
Fax: (949) 724-1397
With a copy to:

Clean Energy
Attn: Deputy General Counsel
4675 MacArthur Court, Suite 800
Newport Beach, CA 92660
Fax: (949) 424-8285
Each Party shall have the right to change the place to which notice shall be sent or delivered by similar notice sent in like manner to the other Party. Without limiting any other means by which a Party may be 8 ID # _____ (rev. 01.20.2024)
able to prove that a notice has been received by the other Party, a notice shall be deemed to be duly received:
(a) if sent by hand, the date when left at the address of the recipient; (b) if sent by certified mail, the date of the return receipt; (c) if sent by overnight courier, the date when receipt is acknowledged at the address of the recipient; or
(d) if sent by facsimile, the date of the confirmation.

16. Force Majeure. If either Party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines, war, civil disturbances, acts of terrorism, interruptions in utility services, the cessation of providing necessary products or services to Clean Energy by any supplier to Clean Energy, labor disputes, catastrophic equipment failures due to extraordinary events beyond the control of Clean Energy, acts of God, or threats of such circumstances, or any future laws, rules, regulations, orders, or acts of any local, state, federal, or provincial government (“Force Majeure”), then the affected Party shall be excused from performance hereunder during the period of such disability. The Party claiming Force Majeure shall promptly notify the other Party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary, the term “Force Majeure” does not include and a Party shall not be excused from any payment obligations hereunder.

17. Limitation of Liability. Neither Party shall have any liability to the other Party for special, consequential, or incidental damages, except however in connection with a claim made against either Party by a third party, provided that such claim arises out of or results from the negligence or willful misconduct or any other claim within the scope of the indemnity obligations of Clean Energy or the City, as applicable, under this Agreement.

18. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties, and is not intended to create any benefits to any third parties.

19. Headings. The headings in this Agreement are for convenience and reference only, and shall not affect the interpretation of this Agreement.

20. Waiver. No waiver by either Party of any one or more defaults by the other Party in the performance of any provisions of this Agreement shall operate or be construed as a waiver of any other default or defaults, whether of a like or different character. No waiver or modification of this Agreement shall occur as the result of any course of performance or usage of trade.

21. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be held in any proceeding to be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law, but only if, and to the extent, such enforcement would not materially and adversely alter the Parties’ essential objectives as expressed herein.
9 ID # _____ (rev. 01.20.2024)

22. Negotiated Transaction. The drafting and negotiation of this Agreement has been participated in by all of the Parties. For all purposes, this Agreement shall be deemed to have been drafted jointly by each of the Parties.

23. Representation regarding Authority to Sign Agreement. Each of the representatives of the Parties signing this Agreement warrants and represents to the other that he, she or it has the actual authority to sign this Agreement on behalf of the Party for whom he, she or it is purporting to represent.

24. Incorporation of FTA Terms. The preceding provisions, as described in Appendix 4, include in part certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT) Federal Transit Administration (FTA), whether or not expressly set forth in this Agreement. All contractual provisions required by FTA are hereby incorporated by reference, and any conflicts between FTA requirements and other contract provisions shall be resolved in favor of FTA requirements. Clean Energy shall not perform any act or fail to perform any act that would cause the City to be in violation of FTA requirements.

25. Miscellaneous. This Agreement, along with the exhibits and appendix attached hereto, constitutes the complete and exclusive agreement and understanding between the Parties and supersedes all prior communications and agreements, whether oral or written. The Parties expressly agree that there are no other agreements, understandings, restrictions, warranties, and/or representations by, between and among the Parties relating to the subject matter of this Agreement other than those expressly set forth herein or herein provided for. This Agreement may only be modified by an instrument that is executed by each Party’s duly authorized representative. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which collectively constitute one (1) and the same instrument. Signatures to this Agreement transmitted by facsimile, email, portable document format (or .pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of this Agreement shall have the same effect as the physical delivery of the paper document bearing original signature.
(Signature Page Follows)
10 ID # _____ (rev. 01.20.2024)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their respective behalf, by their respective officers thereunto duly authorized, all as of the Effective Date.

CITY OF PORTERVILLE CLEAN ENERGY
By: ____________________________ By: ____________________________ Name: _________________________ Name: _________________________ Title: __________________________ Title: __________________________ 11 ID # _____ (rev. 01.20.2024)

EXHIBIT A

MAINTENANCE INSPECTIONS

1. The following is a sample checklist that provides an example of what is used by Clean Energy service technicians to perform certain monthly inspections at the Facility (the “Maintenance Inspections”). Clean Energy shall be entitled to deviate from and modify such checklist as appropriate in Clean Energy’s reasonable judgement.

Routine Maintenance Inspection Checklist
Compressor Service Tasks:

Check packing vents for blowing gas.

Check low oil pressure shutdown 45psgi (3.1 bar) minimum.

Inspect compressor hoses, tubing, piping, and valves for leaks.

Check control gas regulator.

Inspect pressure gauges for leaking glycerin.

Check frame oil pressure.

Check bolts, clamps, and nuts for tightness.

Check intake/outlet air louver operation.

Wipe down/clean compressor
Check paint and/ or apply touch up as needed.

Check and record frame oil level.

Drain inter-stage scrubbers and record weight.

Drain suction filter and record weight.

Drain discharge filter and record weight.

Drain recovery tank and record weight.

Drain vent stack and record weight.

If oil added record weight.

Priority Panel Service Tasks:

Check for leaks in valves, gauges and transmitters.

Check for corrosion.

Gas Dryer/Storage Service Tasks:

Check dew point, Typical operation range between -70 to -110. Run micro-climate tests.

Record fluid level from vessels.

Inspect vessels for fluid and drain if needed.

Record amount drained from vessels.

Dispenser/Fill Post:
12 ID # _____ (rev. 01.20.2024)
Check hoses and breakaways for leakage, soft spots, or bulges, excessive abrasions, cuts, or cracks that exposes or damages reinforcement, kinked or twisted hose, 3-way valve leaks, nozzle or valve damage, Clean and inspect fueling nozzles.

Check dispenser filter for oil.

Note any issues not described above.

For the avoidance of any doubt, the following are not included in the Maintenance Inspections or the Maintenance Inspections Fee and will be billed separately by Clean Energy, as identified in Exhibit B:
• Call Outs, as described in Exhibit B;
• All replacement wear and tear parts and consumables (i.e. oil, filters, etc.); and • Any required certifications and/or calibrations.

2. In the performance of all Services, Clean Energy will:
• Follow the maintenance schedules as identified in Exhibit A, as may be amended from time to time. • Utilize only fully qualified and trained technicians. Tech will wear all required personal protective equipment and check-in and check-out with the shop superintendent. • Provide all required standard and specialty tools.
• Utilize only original OEM parts.
• Inspect, record and provide to the City a report of the overall condition of the equipment and operations as well as record all maintenance, service and repair work. • Pass through to the City all manufacturers’ warranties related to third party equipment. • Maintain records confirming that Clean Energy has completed all of the required tasks specified in the table above (as may be amended from time to time), and such records shall be provided upon request by the City.
• Test the facility methane sensors. Assumes no lift is required to access the methane system controls.

Any repair work to the facility equipment will need to be outsourced to a subcontractor approved by the City.

At a reasonable frequency determined by Clean Energy, Clean Energy will inspect any fire extinguishers at the Facility and will notify the City if Clean Energy notices any have expired, but Clean Energy will not be responsible for re-certifying the fire extinguishers, as that will be City’s responsibility. 13 ID # _____ (rev. 01.20.2024)

EXHIBIT B
FEES
Maintenance Inspections Fee
On a monthly basis, during the Term, the City shall pay Clean Energy the following amount for its performance of the Maintenance Inspections:

Description Rate (per month)
The “Maintenance Inspections
Fee”
$1,520.00 + applicable fees, assessments and taxes (including, without limitation, taxes which are measured based on the selling price) per month*
24/7 Remote Monitoring
$725.00 + applicable fees, assessments and taxes (including, without limitation, taxes which are measured based on the selling price) per month*
Waste Oil Removal (Optional)
$267.00_ + applicable fees, assessments and taxes (including, without limitation, taxes which are measured based on the selling price) per month
One Time Proficy Set Up Fee:

To provide the remote monitoring services described below, Clean Energy shall install, at the Facility, its proficy remote monitor software and/or equipment (“Proficy”) and the City shall pay Clean Energy the following amount for such installation:

Description Rate Frequency
Proficy Installation $10,370.00 One time
The Parties agree, notwithstanding anything to the contrary in this Agreement, that all remote monitoring software and/or equipment installed by Clean Energy at the Facility is owned by Clean Energy and title to such installed software shall remain with Clean Energy during the Term. Further, the Parties agree, notwithstanding anything to the contrary in this Agreement, that upon the expiration or termination of this Agreement, Clean Energy shall remove and/or delete all installed remote monitoring software (as applicable).

Call Out Rates
In the event the City desires to have Clean Energy go to the Facility to perform services other than the Maintenance Inspections, the City may call Clean Energy’s Operations Center to schedule a “Call Out”.

For each Call Out, the City shall be billed for such service at the applicable hourly rate described below multiplied by the number of hours the Clean Energy technician(s) expended traveling to and from the Facility and at the Facility; however, in the event Clean Energy’s cumulative time traveling to, and from, 14 ID # _____ (rev. 01.20.2024)
the Facility and onsite at the Facility is less than 3 hours, the City will be billed as if Clean Energy had been at the Facility for 3 hours. The City will be billed for any equipment, parts and/or materials that Clean Energy supplies for the performance of the Call Out services at the rate described below.

Description Rate
Labor Rates
Monday – Friday 8:00 a.m. to 5:00
p.m.
$160.00 per hour, plus all taxes which are measured or determined based on the selling price*
Labor Rates
Monday – Friday 5:01 p.m. to 7:59
a.m. and all weekends & holidays
$240.00 per hour, plus all taxes which are measured or determined based on the selling price*
Equipment & Parts & Materials Clean Energy list price minus 10%, plus all taxes which are measured or determined based on the selling price
*Beginning January 1, 2026, and on each January 1 thereafter during the Term of this Agreement, including any renewals, the Maintenance Inspections Fee and Labor Rates shall be adjusted by the increase in the United States Bureau of Labor Statistics Consumer Price Index, All Items in the U.S. City Average, All Urban Consumers, Seasonally Adjusted, from the Effective date of this Agreement for the first such adjustment, or the date of the last adjustment for each subsequent adjustment, through the date of the current adjustment.
15 ID # _____ (rev. 01.20.2024)
APPENDIX 1

STATION EQUIPMENT
Equipment Description QTY
ANGI Compressor 2
Gas Dryer 1
Storage Vessels 3
Fast Fill Dispenser 2
Time Fill Hoses 52
Priority/Buffer Control Valve
Panel
1 CNG Station Control System 1
Switchgear Compressor Motor
Starters
2 Master Control Panel 2

FACILITY EQUIPMENT
Equipment Description QTY
Methane Detection Control
Panel
1 Exhaust Fans 4
Intake Louvers 4
Methane Sensors 4

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
-5-
Section 2. Experience Statement
Clean Energy Brief Profile
Clean Energy provides RNG, CNG, LNG, LCNG, hydrogen, renewable electricity, and energy management solutions across North America. We are headquartered in Newport Beach, California and have regional offices in Colorado, Texas, New Hampshire, British Columbia and Ontario. Our Newport Beach office will be the primary location for the City’s account.

We were established in 1996 and have been a publicly traded corporation since 2007 (Nasdaq: CLNE). In June 2018 we received a significant equity investment from TotalEnergies, one of the largest energy companies in the world. We serve fleet vehicle operators in a variety of markets, including public transit, heavy-duty trucking, airports, refuse, industrial and institutional energy
users, and government fleets.

Our 527 employees provide services
including fueling station operation and
maintenance, station design and
construction, facility modification, and
supply of renewable fuel to our customers.

Over 27 Years of CNG Maintenance Services Experience
Clean Energy has provided CNG fueling station maintenance services for public agencies and private fleets since 1996. We operate and maintain over 100 natural gas stations for transit and solid waste properties in California, and many more for other customers. By awarding us this project, the City would benefit from this broad experience. Other Central California maintenance customers include Kings County Transit, Southwest Transportation Agency, City of Tulare, City of Bakersfield, and Van De Pol in Madera.

We have installed, operate and maintain over 100 Ariel compressors and maintain many sites with fast-fill dispensers, priority panels and control systems like yours. Clean Energy’s team of direct-employed service technicians are trained and authorized to service Ariel and other compressors. We also continue to keep up with the latest industry standards, local and state regulations, codes and ordinances pertaining to natural gas fueling station operation and maintenance. Our specific approach to performing inspections, preventative maintenance and emergency and non-emergency repairs is outlined in detail on the following pages our proposal.

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
-6-
Section 3. Approach and Work Plan
Personnel and Project Organization Chart
Our primary project team assigned to the City includes five employees that are either based at our headquarters or are field-based and local; as a result, our local presence promotes ease of coordination and customer care for the City’s contract.

We will self-perform the specialized CNG maintenance services described herein to ensure the contract is diligently followed and we perform to the highest standards.

Clean Energy’s primary project team includes operational and contract support personnel.
 Chris Gate, Project Manager & Director of Operations. Chris will serve as the City’s Project Manager and he will oversee the supervisory and service technician team that is assigned to the City’s maintenance contract. He has 35+ years of operational management experience.
 Joe Almeida, Operations Supervisor. Joe serves as the supervisor managing the service technician team that is responsible for performing maintenance and repair service at the City’s CNG stations. Joe is an experienced operations leader with more than 25 years of experience.
 Armando Gomez, Service Technician II. Armando will perform maintenance and repair service at the City’s station. Armando has 28 years of mechanical experience including 6 years of CNG maintenance service experience.  Jeff Knapp, Service Technician II. Jeff will perform maintenance and repair service at the City’s station. Jeff has 25 years of mechanical experience including 2 years of CNG maintenance service experience.
 John Hodgkinson, Sales Director. As City’s Contract Manager and main point of contact, John will coordinate contract activities and ensure contract compliance with the support of Clean Energy’s Operations group. John has over 10 years of professional experience in the renewable natural gas, fuel sales, marketing, and solid waste industry. John has a B.A. in Political Science and Economics from the University of Delaware.

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Subcontractor
Clean Energy will perform the specialized CNG maintenance services. We have identified subcontractors that are long-time subcontractors for Clean Energy who perform non-specialized CNG services on an as-needed basis. Both subcontractors would likely perform less than 20 hours of work each year on this contract. Please note, that if the City has a preferred vendor we will gladly entertain other subcontractors.

ICA Inc. will provide as needed specialized mechanical services such as pressure vessel welding. We have worked with ICA Inc. on numerous contracts where they’ve

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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provided specialized mechanical services such as pressure welding and laser alignment for 15 years and their contact is Enrique Lopez.

Dr. Detail Services, certified DBE, will provide station equipment pressure washing for the City’s new contract. We have worked with Dr. Detail on numerous contracts for 12 years where they’ve provided steam cleaning of the CNG compressor compounds and the dispensers, as well as re-painting equipment as needed to prevent corrosion and maintain a tidy appearance. Dr. Detail’s contact person is Karen Barragan.

Scope of Services and Deliverables
Clean Energy will provide proactive, scheduled, and emergency maintenance services for the CNG fueling station and the methane detection system in the Maintenance facility. Each technician has a fully stocked CNG truck with the most replaced and common parts. Prior to each site visit, our technician will wear all required personal protective equipment and check-in and check-out out the shop superintendent. All repair and maintenance activities performed by Clean Energy or authorized subcontractor(s) will be done in accordance with equipment manufacturer’s manuals and in accordance with best industry practices. All parts and materials used during repairs will be new unless the City directs us to use its existing inventory of parts. All parts warranty will be passed through to the City and we provide 30 day warranty on our workmanship.

Remote Monitoring
Our Operations Center located in Newport Beach, CA is staffed by 20 Clean Energy employees 24/7/365 to monitor real time station status and performance, as well as to detect any faults or alarms that occur. Once a fault is detected, our Operations Center staff will immediately evaluate the situation and determine the correct response. When our customers call our Operation Center, our average response time is 45 seconds.

Beyond monitoring for fault conditions, Clean Energy staff can view real time station status on our corporate SCADA system in our Operations Center or by directly connecting to the station. This provides two methods for Clean Energy to reset fault conditions and gives our staff remote access to update set points and monitor station performance.

Our remote monitoring system is a proactive and robust system giving our Operations Center and service technicians complete visibility of station functionality, systems operations, and live data. In many cases, our Operations Center can identify and correct station issues without our customers knowing the equipment had ever faulted.

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Routine Preventative Maintenance
One of our OSHA certified technicians will be onsite a minimum of once per month to complete the OEM recommended preventative maintenance. Our technician will go through the entire station, check the equipment to ensure everything is operating within the OEM specifications, and update the maintenance logs. These site visits will be coordinated by our maintenance planners and communicated to City’s onsite personnel.

Following each preventative maintenance, the City will receive a work order confirming all maintenance activities. Under this program, the City personnel will be responsible for daily and weekly maintenance tasks.

Corrective Repairs
Repair work is greatly minimized by Clean Energy’s preventative maintenance but with heavy machinery, high horsepower, pressures and temperatures, and hundreds of moving parts plus electronics, unscheduled maintenance becomes inevitable at some point. Correctives can range from a simple station component failure to a serious safety incident. In any case, our protocol ensures a high level of communication and transparency throughout the resolution process. Clean Energy’s emergency callout plan is triggered by any of the following:
 An email or auto dialer message triggered by a station fault.  Our 24/7 Operations Center being alerted by our server-based SCADA system.  City reporting a station performance or safety issue.

Under any of the scenarios the following response will be initiated:

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Monitoring & Alerts:
24/7 station monitoring & technician deployment
x
Onsite Technician Response Time for Emergency 3 Hours
Pricing Structure Monthly Fee +
T&M

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Section 4. References
Reference 1: Kings Area Regional Transit - formerly Kings County Area Public Transit Agency (Confidential)
Reference 2: Southwest Transportation Agency (Confidential) Reference 3: Van De Pol (Confidential)

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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 All work outside of the site inspection (callouts, repairs, rebuilds, PRV recertifications, dispenser calibrations, etc.) will fall outside of the monthly charge and be billed at Time & Materials.
 No prevailing wages.
 Clean Energy reserves the right to negotiate mutually agreeable terms after award.

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Section 7. Required Forms

City of Porterville
Request for Porposal RFP No. 24/25-SR1982
CNG Fueling Station Maintenance Services
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Section 5. Contract Price Proposal
Below is a pricing summary for the scope of services. Please note, that Clean Energy will charge a one-time installation fee of $10,370.00 for our proprietary remote monitoring system. This system will not interfere with the City’s internal remote monitoring software. This is an additional monitoring system that will allow our operations center 24/7 visibility of the station.

Table 1. R&M Program Schedule of Values
Item Description Billing Frequency Rates
Site Inspection Monthly $1,520.00
24/7 Remote Monitoring Monthly $725.00
Hazardous Waste Oil Removal
(Optional) Monthly $267.00
Time & Material Service:

Service repair work performed
outside of monthly site visits
Hourly
8:00am - 5:00pm
Monday - Friday
$160.00
Hourly
5:01pm – 7:59am
Monday – Friday
Weekends/Holidays
$240.00
As-Needed Parts List minus 10%
Pricing Assumptions
 The Site Inspection and Time & Material rates subject are subject to annual CPI.  The Site Inspection scope of work includes testing the Facility methane system monthly. We assume no lift is required to access and the Facility Methane system. Any repairs for the Facility Equipment will be outsourced to a qualified third party and approved by the City.

Plan Holders
Agency City of PortervilleBid Number 24/25-SR1982Bid Title Request for Proposals - Compressed Natural Gas (CNG) Fueling Station Maintenance Repa Name Contact Address Phone Email Yes No
Montauk Tracy R Kirby 41085 Elm Street Murrieta, CA, 92562, (951) 813-2084 [email protected] X Valley Contractors Exchange Elizabeth Carter 951 E 8th StreetChico, CA, 95928, (530) 343-1981 [email protected] XClean Energy Michelle Wells 4675 MacArthur Court, Suite 800Newport Beach, CA, 92660, (949) 437-1361 [email protected] X Tulare Kings Counties Builders Exchange Berenice Ruiz 823 W. Center AveVisalia, CA, 93291, (559) 732-4568 [email protected] X Trillium USA Company, LLC Lisa Swedler 2929 Allen Parkway Ste 4100, Houston, TX 77019 (623) 570-6923 [email protected] Proposal
Points Clean Energy Trillium
Understanding ofthe Scope ofWork
Demonstrates a clear understanding ofthe
LCFS services required.

Technical Approach and Methodology
Proposal outlines a comprehensive and
feasible approach to providing the required
services.

Experience and Qualifications
Firm’s experience with similar projects,
particularly federally funded transit
projects
Key Personnel and Project Team
Qualifications of key personnel who will be
assigned to this project.

Price Proposal
Competitive and reasonable cost in
Total Points 100 94 93
20 10
30 19
19 28
19 19
20 20
19 26
RFP 24/25‐SR 1982
CNG Fueling Stataion Maintenance
Scoring Matrix
20 99
Item No. 14.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Award of Professional Services Agreement to Energy Mission Control, Inc. for Low Carbon Fuel Standard Credit Services
SOURCE: Public Works
COMMENT: In August 2019, the City entered into a two-year agreement with SRECTrade for Low Carbon Fuel Standard (LCFS) services, including automatic yearly renewals. While SRECTrade has provided satisfactory services under an 80/20 revenue-sharing model, the City issued RFP No. 24/25-SR1983 on August 27, 2024, to explore enhanced services and potential cost savings.

The RFP sought qualified firms for LCFS credit management and reporting.

Proposals were due by September 26, 2024, with the following proposals received and scored:

Vendor Score
FuSE 99
SRECTrade 97
Trillium 88
ClearBlue 88
FuSE ranked the highest in the evaluation process, scoring 99 out of 100 points.

FuSE demonstrated a strong understanding of the City’s LCFS needs and proposed a comprehensive, technology-driven solution, including a competitive revenue-sharing model.

Under the new agreement, FuSE will:
• Manage the City’s participation in the California LCFS program, ensuring regulatory compliance.
• Broker the sale of LCFS credits to maximize financial returns. • Provide real-time monitoring of energy consumption and credit generation through their cloud-based platform.
• Operate under a 92/8 revenue-sharing model, where the City retains 92% of LCFS revenues, and FuSE receives 8% as a brokerage fee.

The City’s current agreement with SRECTrade operates on an 80/20 revenuesharing model, with the City retaining 80% of LCFS revenues. FuSE’s 92/8 model represents a 12% increase in the City’s share of LCFS revenue.

Item No. 14.

Based on prior LCFS revenues generated from the City's electric fleet, the estimated LCFS revenue generated on a quarterly basis is $6,000. Under the current agreement with SRECTrade, the City retains 80% of LCFS revenues, which amounts to $4,800 per quarter.

FuSE’s proposed 92/8 model would allow the City to retain 92% of LCFS revenues, increasing the City’s share to $5,520 per quarter. This represents a quarterly increase of $720, or $2,880 annually, assuming current levels of LCFS credits generated. As the City’s electric fleet expands, the increase in revenue is expected to grow, providing significant additional income over time.

This shift is expected to result in long-term financial benefits as the City continues to expand its electric fleet and maximize the value of its LCFS credits. The professional services agreement with Energy Mission Control, Inc. will commence upon the signature of both parties and will continue until terminated by either party, with termination requiring 90 days' prior written notice.

Additionally, FuSE offers advanced technological tools, such as real-time monitoring of energy consumption and credit generation through a cloud-based platform. This will provide the City with valuable insights to optimize its participation in the LCFS program, ensuring both financial and operational efficiency.

RECOMMENDATION: That the City Council:

1. Approve a Professional Services Agreement between the City of Porterville and Energy Mission Control, Inc for Low Carbon Fuel Standard (LCFS) services; and

2. Authorize the Mayor, or designee, to execute the
agreement and any related documents, subject to final
review by the City Attorney.

ATTACHMENTS: 1. Porterville RFP # 24-25-SR1983_Plan Holders

2. Porterville RFP #24-25-SR1983_Scoring Matrix

3. FuSE Proposal

4. Draft Agreement
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Plan Holders
Agency City of Porterville
Bid Number 24/25-SR1983Bid Title
Name Contact Address Phone Email Yes No
Montauk Tracy R Kirby 41085 Elm Street Murrieta, CA, 92562, (951) 813-2084 [email protected] X Tulare Kings Counties Builders Exchange Berenice Ruiz 823 W. Center AveVisalia, CA, 93291, (559) 732-4568 [email protected] XClearBlue Markets Michael Berends (416) 690-6369 [email protected] XFuSE Miguel Delgadillo 801 K Street, Suite 2700, Sacramento, CA 95814 (833) 937-6262 [email protected] XSRECTrade Gustavo Loss (415) 230-0697 [email protected] XTrillium Charles Love 2929 Allen Parkway, Suite 4000, Houston, TX 77019 (713)773-4879 [email protected] X RFP - Low Carbon Fuel Standards Services
Proposal
Points FuSE SRECTrade Trillium ClearBlue
Understanding of the Scope of Work
Demonstrates a clear understanding of the
LCFS services required.

Technical Approach and Methodology
Proposal outlines a comprehensive and
feasible approach to providing the required
services.

Experience andQualifications
Firm’s experience with similar projects,
particularly federally funded transit projects
Key Personnel and Project Team
Qualifications of key personnel who will be
assigned to this project.

Price Proposal
Competitive and reasonable costin
comparison to other proposals.

Total Points 100 99 97 88 88
20 10
30 20
19 30
20 20 20 20
20 20
10 10
20 20 20
27 20 20
RFP 24/25‐SR 1983
LCFS Services
Scoring Matrix
20 18 18
10 10

CITY OF PORTERVILLE

LOW CARBON FUEL STANDARD PROGRAM

SIMPLIFYING LOW CARBON FUEL STANDARDS GLOBALLY
[email protected]
www.usefuse.com +1 833-937-6262
Sacramento, CA - Vancouver, BC
How
We do this by creating software tools and platforms that streamline and automate traditionally burdensome
government programs.

PG. 01
We believe in a world where green transportation is
accessible and affordable to all, including individuals, businesses, non-profits, and public agencies.

Why
What
We've developed a proprietary system for onboarding
electric fleets into clean fuel programs. It requires little to no effort by fleet operators and results in significant financial and environmental benefits.

Our
Mission
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 PG. 02
Cover Letter ...................................................................

Work Plan ................................................................... 03 04
13 Project Team and Staffing .......................................

Experience Statement .............................................. 09 www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 15 Price Proposal.............................................................

References................................................................... 15 02
Subject: Proposal Submission for Low Carbon Fuel Standard Credit Services Dear Ms. Mejia,
Below is FuSE's proposal in response to NO. 24/25-SR1983 issued by The City of Porterville.

Energy Mission Control dba as FuSE Carbon Technologies (FuSE) is honored to present its comprehensive proposal outlining its distinctive qualifications, unparalleled experience, proficient staff, and a meticulously crafted work plan tailored to effectively report and broker Low Carbon Fuel Standard (LCFS) Credits on behalf of The City of Porterville.

The team at FuSE possesses extensive expertise in navigating the intricacies of transacting Low Carbon Fuel Standard (LCFS) credits, underscored by a proven track record of successfully navigating the regulatory landscape. This includes a wealth of experience ensuring compliance and maximizing benefits for our clients. FuSE’s unique proficiency and integrated software are strategically positioned to meet the specific needs of the city.

Additionally, relevant company registration numbers are below:

Full Legal Name: Energy Mission Control, Inc.

DBA: FuSE Carbon Technologies, FuSE
Federal EIN: 84-3733635
DUNS Number: 118548768
DGS Certification SB(Micro) ID: 2022986
Address: 801 K Street, Suite 2700, Sacramento, CA 95814 FuSE sincerely appreciates the opportunity to participate in this proposal process and holds the belief that our strengths and commitment to excellence align seamlessly with the goals of The City of Porterville.

Thank you for considering our proposal.

Sincerely,
Miguel Delgadillo
General Manager, FuSE
Email: [email protected]
Phone: 916-695-5868
PG .03
03 PG. 04
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Qualifications
FuSE is a Sacramento-headquartered Software company that facilitates unparalleled access to California’s Low Carbon Fuel Standard (LCFS), Oregon’s Clean Fuels Program (CFP), British Columbia’s Low Carbon Fuel Standard (BC-LCFS), Washington’s Clean Fuel Standard (CFS) and the national Canadian Clean Fuel Regulations (CAN-CFR). FuSE also handles Renewable Energy Certificate (REC) procurement for all its clients. Offering the most robust technological software solution, the lowest market-share commission in the industry, revenue-grade metering installations when required, zero-emission electricity procurement, a large customer success team, commitment-free contracting, and a decades-long history in clean transportation technologies and associated public funding, FuSE is one of the largest clean fuel credit aggregators in North America, while also managing all administrative components of participation for over 400 companies and municipalities at more than 1,000 facilities along the West Coast and Canada encompassing tens of thousands pieces of equipment. FuSE is a mission-driven organization with the core belief that clean transportation should be accessible and affordable to all.

Electrification Expertise:

FuSE takes a proactive approach to educate and facilitate our clients on electrification. Our comprehensive insights cover various aspects, including participation requirements, technology types and their applicability, EER-Adjusted Tier 2 Pathway submissions, transaction types and timing, incremental Smart-Charging crediting, FCI pathway submissions for DC fast chargers, HRI crediting, and more. With our team's extensive knowledge in these areas, we provide valuable guidance and support to our clients. FuSE reports and monetizes credits from qualifying assets not only in California, but also in Oregon, Washington State, British Columbia, and all of Canada. Those assets under management include fixed guideway systems, DC fast charging infrastructure, L2 charging infrastructure, electric rail car movers, electric yard trucks, and off-road electric vehicles.

Commitment to Education and Collaboration:

FuSE actively engages in informative webinars conducted in partnership with CALSTART, focusing on the electrification provisions of LCFS, and is the preferred LCFS vendor for the EnerGIIZE program. These webinars offer valuable insights to participants and demonstrate our commitment to education and collaboration. FuSE is also a member of the DOE’s Clean Cities Coalition and Latinos in Transit where we inform fleets on the regulation and ongoing updates. Additionally, as a voting member of the Low Carbon Fuel Coalition, FuSE contributes to advancing clean fuel programs. We also hold a senior advisor role to Drive Clean (driveclean.us), advocating for Low Carbon Fuel Standard programs across the United States. By actively participating in these initiatives, FuSE is at the forefront of shaping the future of clean and sustainable transportation. 00 PG. 05
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Expertise and Growth:

Founded in 2019, FuSE has experienced significant growth. Our expertise in LCFS credit management has allowed us to successfully serve more than 400 public and private organizations for their reporting needs. With a dedicated team of professionals focused solely on Clean Fuel Programs, FuSE has established a strong presence in the industry, reporting for nearly all asset types that qualify within the electrification provisions and adding new asset types through EER-adjusted Tier 2 pathways. FuSE originates and monetizes tens of thousands of LCFS credits quarterly.

Strategic Presence and Collaborative Network:

Intentionally headquartered in the seat of government in Sacramento, CA, with an additional office in Vancouver, BC, FuSE is strategically positioned to service a wide range of clients across all active clean fuel program geographies. Our client partners include cities, counties, transit agencies, community choice aggregators (CCAs), retailers, logistics firms, ports, port tenants, manufacturing companies, and the food and agricultural sector.

In addition to our talented in-house team, FuSE collaborates with a diverse network of external advisors, including electrical contractors, engineers, lawyers, policy experts, and industry subject matter experts. This collective expertise enhances our ability to provide comprehensive solutions and insights to our clients.

Customer Satisfaction:

FuSE has an impeccable track record, having maintained 100% client retention and consistently met LCFS reporting and monetization requirements for all FuSE fleets under management. This record is a testament to our technical expertise, unwavering attention to detail, and unparalleled customer service.

Technological Advantage & Commitment to Transparency:

FuSE has developed a state-of-the-art, cloud-based SaaS tool tailored for the efficient management of clean fuel program participation, including California's Low Carbon Fuel Standard. As a comprehensive information hub, FuSE offers real-time updates on fleet and facility operations, detailed financial transaction records, and accessible financial reports, positioning itself as the industry's leading software platform for clean fuel programs.

The tool significantly enhances transparency in program mechanics, providing a userfriendly interface that streamlines the participation process in various clean fuel programs.

It facilitates seamless communication and data management, boosting operational efficiency. Stakeholders gain easy access to essential information and can perform tasks with greater precision, including updates on fleet operations, incentive payments, and comprehensive energy consumption reports. FuSE's innovative features empower clients to confidently navigate clean fuel programs, driving optimal outcomes and supporting sustainable practices.

PG. 06
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 FuSE stands out with its extensive capabilities, including real-time operational updates, comprehensive financial records, and easily downloadable reports. The platform not only fosters clear communication between credit aggregators and generators but also simplifies participation in programs like California's Low Carbon Fuel Standard. Its intuitive dashboard offers in-depth insights into Fuel Supply Equipment and energy consumption, enabling stakeholders to monitor and analyze data efficiently.

For The City of Porterville, FuSE ensures secure access to vital information. While FuSE will provide an auditable paper trail via email, all relevant documents will also be available for download through FuSE. This dual approach guarantees comprehensive documentation and ease of access.

Moreover, FuSE harnesses technology to streamline client reporting, reducing redundancy and maximizing efficiency. This technological edge allows for cost-effective service delivery while enhancing operational effectiveness. The City of Porterville leveraging FuSE, will experience a more transparent and efficient reporting process, improved data accessibility, and increased operational efficiency, aligning with the goals of modern, sustainable fuel management.

FuSE brings extensive expertise to The City of Porterville project, having successfully collaborated with various ports, port tenants, public transit agencies, municipalities, counties, airports, and state agencies. Notable among its clients are Sound Transit, The City of Culver City, the Department of General Services for California, Ava Community Energy, Sonoma Clean Power, Staples, SaveMart, Winco, Kaiser Permanente, Dole, Blue Diamond Growers, and more. FuSE is a trusted partner for LCFS management for air-, land-, and sea ports, as seen in its collaborations with Ontario Airport, Port of Stockton, Port of West Sacramento, Port of Morrow, and others. Working with industry stakeholders and OEMs such as Volvo, Wiggins Lift, and Freewire Technologies, FuSE not only manages LCFS portfolios but also procures Environmental Attributes like renewable energy certificates (REC’s) to enhance credit value when necessary.

FuSE's extensive capabilities in aggregating and transacting LCFS credits for numerous fleets are complemented by its wide array of data acquisition experience on behalf of fleets when needed. Notably, FuSE possesses experience in diverse charging infrastructure, fleet telematic systems, and cloud-based charge management systems.

This expertise has enabled FuSE to extract comprehensive and valuable data from cloudbased systems associated with various Electric Vehicle Supply Equipment (EVSE) Original Equipment Manufacturers (OEMs), including prominent names such as Clipper Creek, Tesla, Tritium, ChargePoint, ViriCiti, OrangeEV/EMMS, ABB, and others. 00 PG. 07
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Moreover, FuSE has actively participated in on-road and off-road zero-emission OEM deployments, collaborating with industry leaders such as DINA, TransPower/Meritor, OrangeEV, Taylor/BYD, ABB, among others. In instances where fleet assets lack real-time kWh data availability, FuSE dedicated submetering division steps in to facilitate data collection. This expertise has been successfully applied in managing numerous metering installations, including at the two largest refrigerated container terminals in California and Washington.

Relevant Related Projects:

Port of Stockton: FuSE is helping facilitate portions of the "START PHASE 1" Zero- and Near-Zero Emission Freight Facilities (ZANZEFF) project, one of the largest grant-funded zero-emission vehicle deployments in the world, funding over 100 units of on-road Class 8 trucks, 8k and 36k-lb capacity forklifts, yard trucks, top-handlers, railcar movers, and two container vessels across three major California Ports. Requiring extremely close collaboration with major consultancies, grant writing firms, OEMs, local workforce groups, the Ports of Stockton, Long Beach, and Oakland, and a host of other major stakeholders, FuSE continues to play a pivotal role in identifying and capitalizing on clean fuel program revenue supporting buy-down of operational cost.

Alaska Marine Lines - Lynden: Alaska Marine Lines (AML), a Lynden subsidiary, is a marine transportation company providing barge service between Seattle and locations in Alaska and Hawaii. With over 5,000 refrigerated (reefer) shipping containers passing through the port of Seattle, AML needed a metering solution to monitor these containers.

FuSE has installed over half of the about 20 needed meters in Seattle so that Alaska Marine Lines can benefit from Washington State’s Clean Fuel Standard (CFS) which remits payments to AML when their refrigerated shipping containers are charged.

Golden Empire Bus: FuSE tracks the energy consumption of public L2 charging stations operated by GET Bus. The scope of this project is expected to also include HRI (Hydrogen Refueling Infrastructure) credits, another provision within the LCFS that allows crediting from the capacity of hydrogen available at the site.

Dole Fresh Fruit Company: Based out of the Port of San Diego, Dole needed a facilitywide metering solution to isolate the energy consumption feeding their 800+ containerized eTRUs from the rest of their on-site operations. The project also included additional sub-metering for two BYD yard trucks that were not previously cloudconnected or capable of energy consumption tracking. This project involved stakeholders from SDG&E, Dole Fresh Fruit Company, Momentum, and local electrical contractors. With several weeks of planning, the execution of the metering plan spanned approximately three days. The end result is a successful metering installation of one of the largest eTRU deployments in North America for purposes of LCFS crediting. 00 PG. 08
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Sound Transit: The Central Puget Sound Regional Transit Authority is the largest fixed guideway transit system project in the country. FuSE was selected as the vendor of choice to initiate the agency into Washington’s then new Clean Fuel Standard which includes a major metering project for 16 Transpower substations plus their on-road battery electric buses and fleet vehicles. In time, the project is planned to include eight transit lines over three utility jurisdictions, plus existing bus lines and light duty electrification. FuSE has engaged with utility partners to secure documentation pertinent to Power Purchase Agreements (PPA) as a means to verify zero emissions power for the entire project.

The City of Culver City: The original focus of the LCFS project was on Culver City’s deployment of battery electric buses (BEB)s. After analyzing the total fleet in use by Culver City, FuSE found additional qualifying equipment including light-duty EV charging stations, public EV charging stations, and electric material handling equipment such as pallet jacks and forklifts, increasing the total energy consumption and revenue for Culver City. With Culver City, FuSE was able to track the energy consumption remotely by integrating it into their existing charge management software (CMS). FuSE reports the energy consumption data to CARB, transacts credits on the open market, and remits payments every quarter to Culver City.

Ventura County: FuSE tracks the energy consumption of electrified fleet vehicles and public charging stations operated by the County of Ventura. FuSe then submits all required reports to the CARB, transacts credits, and remits payment every quarter to the County.

Department of General Services: FuSE currently acts as the broker of record for the Department of General Services Parking Divisions, facilitating transactions with regulated entities in the CA LCFS program.
03 PG. 09
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Project Staffing
The availability of key personnel throughout the project is of utmost importance to FuSE, We commit to ensuring that the designated key personnel identified for this project will be made available as proposed for the entire duration of the engagement.

While FuSE has a wide range of experienced employees who will support The City of Porterville in its ongoing credit strategy, reporting, and credit aggregation, Elaine and Miguel will be the primary points of contact and assigned Program Managers for The City of Porterville, with Elaine assigned the Compliance Lead, and Miguel assigned the Liaison Lead, as described below.

As the Compliance Lead, Elaine will manage the energy consumption data and ongoing reporting through the state's LRT online portal and maintain frequent communication with agency staff and managers to ensure accuracy and reporting success. She will also lead in procuring environmental attributes to increase credit value. Elaine will manage interactions with credit purchasers to ensure the maximization of credit revenue. Elaine will work with The City of Porterville to leverage the best possible sales strategies and timing, giving The City of Porterville full authority in approving or rejecting said strategies.

She will lead all communication with the California Air Resources Board. Jason Middleton will assist Elaine in all ongoing reporting requirements and data analysis.

As Liaison Lead, Miguel Delgadillo will meet quarterly or as needed with the relevant City of Porterville stakeholders to provide updates on LCFS market conditions, present monthly output reports, estimate revenue, and address any changes made to eligible reporting equipment by The City of Porterville
Contact information:

Miguel Delgadillo
[email protected]
916-695-5868
801 K Street, Suite 2700, Sacramento, CA 95814
FuSE recognizes the importance of staff responsiveness and proactive assistance to clients for smooth and efficient project execution. Our key personnel are committed to being highly available and responding promptly to all correspondence from The City of Porterville by email or phone, typically within one business day or sooner. This commitment aims to prevent potential delays and issues, ensuring that projects are completed on time and to the highest quality standards. Upon contract award, FuSE will work with The City of Porterville to schedule meetings to provide market and project updates, as well as address any questions or concerns that may arise. This ongoing support and guidance will help The City of Porterville achieve its goals and objectives. 00 PG. 10
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Organization
Todd Trauman, CEO
Todd founded FuSE in 2018 with the belief that a blend of software and expertise in zeroemission fleet deployment and regulatory policy can maximize values within clean fuel programs for fleets. Todd is a mechanical engineer with nearly a decade of combustion and zero-emission engine, vehicle, and equipment emissions certification, management, and deployment experience. Throughout his career, Todd has worked with a wide variety of manufacturers on a global level to develop regulatory guidance and management plans with a specific focus on clean energy technologies, alternative fuels, greenhouse gas emission reduction programs, onboard diagnostics systems, and state and federal emission certification requirements. Prior to founding FuSE, Todd was the senior lead in deploying the ZANZEFF Sustainable Terminals Accelerating Regional Transformation (START) Phase 1 Project, a $102 million zero-emission vehicle deployment project including Class 8 vehicles, ocean-going vessels, cargo-handling equipment, rail transit, cranes, and tugboats. This project, one of many in Todd’s experience, was done in collaboration with major participants including OEMs (DINA, Taylor, ZPMC, Peterbilt, Wiggins, and Nordco) and shipyards (Nichols Brothers Boat Builders and General Dynamics NASSCO), technology vendors (TransPower, BYD, Cavotec, Thor, and Shuttlewagon), universities (University of California, Riverside’s College of Engineering Center for Environmental Research and Technology), community colleges (Long Beach City College, Peralta Community Colleges, and Delta Community Colleges), school districts (Long Beach Unified School District, Oakland Unified School District, and Stockton Unified School District), and consultants (Tetra Tech, Gladstein Neandross & Associates, and Grant Farm).

Todd now manages the day-to-day operations of FuSE.

Education: California Polytechnic State University-San Luis Obispo - B.S. Mechanical Engineering; Technical Writing
Elaine O'Byrne, Director of Operations
As Director of Operations, Elaine O’Byrne leads a dedicated team responsible for partner success strategy, data validation and analytics, database management, and compliance reporting. Working on behalf of the hundreds of diverse fleets in FuSE’s portfolio, she also conducts outreach and advocacy to regulatory agencies across the West Coast, and frequently represents FuSE in rulemaking proceedings. Throughout her tenure, Elaine has focused on building a culture of operational and service excellence, resulting in 100% client retention, as well as numerous examples of increased program adoption by existing clients. She plays a key role in software product development, advising on features needed to meet the future demands of FuSE’s growing team and customer base.

Drawing upon her prior experience in strategic advisory at workforce management leader, Magnit Global, she approaches her role with an eye towards building scalable and efficient processes that will set FuSEl up for success as it continues to expand into new markets and programs.

Education: UC Davis - B.A. Economics and German
00 PG. 11
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Miguel Delgadillo - General Manager
Overseeing all FuSE collaborations within the public sector, Miguel leads a team of strategic account managers and policy experts and is responsible for managing FuSEs relationships with OEMs and other electrification stakeholders within the company's technology ecosystem. Miguel will serve as the point of contact for all communications with relevant stakeholders at the County of Ventura. Before joining FuSE, Miguel worked with various public agencies, including Sacramento International and Executive Airports, CalTrans, the City of Sacramento, the San Francisco Port Commission, and international agencies in Thailand and India on critical roadway & airport runway infrastructure projects.

Education: American River College - A.S. Geography
James Campbell - Metering Technical Lead
James is responsible for the implementation of FuSE's proprietary metering hardware and cloud-based data software systems for the purpose of reporting under clean fuel programs. Given the constantly evolving nature of data reporting systems in the zeroemission vehicle industry, it is essential to ensure data accuracy and find ways to collect data when it is not readily available. To meet this need, James has established a network of electrical contractors spanning from San Diego to Vancouver and has successfully managed the installation of numerous metering projects covering all equipment types within clean fuel programs. The data collected through these projects can be accessed through FuSE’s SaaS platform.

Education: Sacramento State University - B.S. Geographic Information System and Analysis
Conner Whaley - Strategic Partnerships Manager
As FuSE manager of relationships with original equipment manufacturers (OEMs), EVSE manufacturers, service providers, technology platforms, and other key partners, Conner is responsible for connecting relevant stakeholders to the company's partner ecosystem in order to facilitate their transition to electrification. He also manages the EER-adjusted Tier 2 Pathway certification process for new technologies and products for OEMs, ensuring that FuSE remains at the forefront of the industry by offering innovative and high-quality products to its clients. Conner is a highly skilled and technology-focused professional with over five years of experience in business, engineering project management, procurement, and data analysis, including working with international teams to promote the adoption of sustainable transportation through public and private funding opportunities.

Education: Santa Clara University - B.A. Marketing
00 PG. 12
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 Scott Pitts - Chief Product Officer
Scott applies decades of software product experience to oversee the development of the FuSE reporting platform. His background in financial products and services allows him to effectively manage the development team, create roadmaps for future FuSE products, and collaborate with the sales team to ensure our fleet’s needs are addressed via services enabled within the FuSE platform. Prior to FuSE Scott was CEO and CPO of multiple fintech and services startups as well as Managing Partner of Socket Capital, where he provides cash flow support and consulting for technology and media clients. Education:

University of North Carolina, BA, Economics & History University of North Carolina, JD, Business Law
Jason Middelton - Operations Associate
As a member of FuSE Operations Team, Jason joined the company in 2022 and plays a key role in supporting day-to-day portfolio management activities and wider client success initiatives. His responsibilities include validating and troubleshooting client fleet information, ensuring that quarterly registrations and data reporting adhere to regulatory deadlines, and providing ad hoc analysis to internal and external stakeholders. Jason is an integral member of the Operations Team, working to ensure that all client needs are met in a timely and efficient manner.

Education: Grand Canyon University - B.A. Business Administration and Management Terry Carlone - General Council
Terry assures that FuSE is legally compliant within the clean fuel marketplaces and aids FuSE’s Operations Department in transacting credits to regulated parties. Terry also drafts and reviews contracts and has over 30 years of legal experience within energy regulation.

Terry is a founder and shareholder of Capital Law Group. He is a member of the State Bar of California, District of Columbia Bar, and Hawaii State Bar Association. Terry also serves on the board of directors of the Golden Capital Network (Executive Committee, 1999- Present). He frequently lectures or serves as a panelist on investing in technology-based startups, capital formation, intellectual property creation and protection, technology transfer, licensing, strategic alliances, and other issues important to startup and emerging growth companies and the people who invest in them.

Education:

Northwestern University, B.A.

Georgetown University, J.D.
00 PG. 13
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 If FuSE were to receive this award, our team would commence with an inaugural kickoff meeting, either in-person or via video conference, as per the preference of The City of Porterville. The purpose of this meeting would be to introduce ourselves to relevant internal stakeholders and to discuss the next steps in gathering energy consumption data of The City of Porterville’s chargers.

In the event that the Level-2 and DCFC EVSE are networked, FuSE would require a quarterly report of energy consumption from The City of Porterville. However, if granted read-only access to The City of Porterville's networked charging software, FuSE would be able to retrieve the necessary information without requiring quarterly communication with The City of Porterville.

If the chargers are not networked, FuSE has the capability to collaborate with The City of Porterville in installing meters at the site location. FuSE has a dedicated metering division and offers a comprehensive metering solution. To facilitate The City of Porterville's participation in the LCFS program, FuSE is willing to net all associated costs with the meter installation from future proceeds, upon prior agreement. Our goal is to ensure a seamless and hassle-free experience for The City of Porterville.

If required, FuSE has the capability to conduct a comprehensive on-site survey in order to obtain all essential registration information including but not limited to the longitude and latitude coordinates, as well as the serial numbers of the charging equipment. If The City of Porterville is able to readily access this information, FuSE can either provide a conventional intake form or alternatively, the relevant details can be uploaded onto FuSE’s cloud-based software platform.

Once the initial data collection and registration process is resolved, FuSE will proceed to aggregate the credits accrued by The City of Porterville into its portfolio and undertake all necessary reporting and transactional activities pertaining to these credits. FuSE will remit payments to The City of Porterville on a 90-day cycle. Additionally, FuSE will make quarterly contact with The City of Porterville to furnish the organization with pertinent updates concerning LCFS rule changes relevant to electrification, changes in LCFS credit prices, and enquire on any alterations to The City of Porterville's EV operations that may impact its credit generation, such as the installation of new chargers. FuSE will handle all REC procurement associated with LCFS generation.

The City of Porterville will also be provided a FuSE login, which will house quarterly and annual reporting, energy consumption analysis, and financial reporting. 00 PG. 14
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 FuSE is a cloud-based secure tool developed with the explicit intent of managing fleet assets for clean fuel programs like California’s Low Carbon Fuel Standard, Oregon’s Clean Fuels Program, British Columbia’s Low Carbon Fuel Standard, and Washington State’s Clean Fuel Standard. It serves as the hub of information for regular fleet/FSE and facility operational updates, financial transaction details, downloadable financial reports, and much more. It is the most advanced LCFS, CFP, CFS software platform available today, offered free of charge to FuSE partners. This tool increases transparency between the credit aggregator and the credit generator and simplifies the process of participating in clean fuel programs such as California’s Low Carbon Fuel Standard.

FuSE will:

Oversee the entire process of developing, managing, and administering The City Of Porterville’s Low Carbon Fuel Standard program.

Accept all LCFS responsibilities as the first fuel reporting entity and credit generator.

In addition, where needed, FuSE will also procure environmental attributes from renewable electricity projects, such as solar and wind, to enhance credit generation as a “credit multiplier.”
Identify all means of credit generation by taking an in-depth look at fleet assets including but not limited to fixed guideways/rail, DCFC and L2 charging infrastructure for on-road assets (Class 1-8), electric material handling equipment, refrigeration units, ground support equipment, and other assets. FuSE is also capable of managing any hydrogen fuel supplied to the fleet for purposes of credit generation, should that technology be of interest in the future.

Provide The City of Porterville Access to FuSE’s SaaS platform which will maximize transparency.

Identify any data deficiencies or irregularities that must be remedied in order to satisfy LCFS reporting requirements.

Provide technical and administrative support for further development, including but not limited to Tier 2 pathway certifications (if applicable).

Keep The City of Porterville up-to-date on any new information pertinent to the program LCFS Regulation, and other emergent opportunities.

Attend all California Air Resources Board workshops and rulemaking meetings, and formally report back any influential proposals made by the agency.

Provide The City of Porterville with written quarterly reports and annualized reports.

Manage credit sales and all necessary interactions with the California LCFS marketplace.

Provide transparency to The City of Porterville regarding credit generation and sales data.

Transfer credit sales revenue, minus commission, to the City of Porterville on a quarterly basis.

Install meters where necessary to track energy consumption data (at no cost to The City of Porterville).

Work within and be available during The City of Porterville’s hours of operation.

Meet all deadlines.
00 PG. 15
www.usefuse.com Sacramento, CA - Vancouver, BC +1 833-937-6262 The City of Porterville will:

Where FuSE cannot directly access energy consumption data, the county may need to provide fuel data and fleet information which will allow FuSE to facilitate effective LCFS reporting.

Receive Quarterly Incentive Payments from LCFS credit transactions.

Amy Shatzkin - Sound Transit, Sustainability Director, (646) 295-3049 [email protected] 401 S. Jackson St., Seattle WA 98104 - LCFS Credit Management
Allison Cohen – Culver City, Transportation Manager, (310) 253-6543 [email protected] 9770 Culver Blvd. Culver City, CA 90232.- LCFS Credit Management
Jeff Wingfield - Port of Stockton, Deputy Port Director, (209) 649-4189 [email protected] 2201 West Washington Street, Stockton CA 95203 - LCFS Credit Management
Nate Lapides - UNFI, Climate Program Manager, (401) 528-8634 [email protected] 14900 Meridian Pkwy, Riverside CA, 92508 - LCFS Credit Management FuSE proposes a 92%/8% revenue-sharing financial model with The City of Porterville.

FuSE operates using a netback model, in which an 8% fee for services is applied after credits are traded and monetized in the private market. This means that The City of Porterville will never need to pay any consulting or upfront service fees for FuSE’s LCFS aggregation, SaaS services, or other services specified in the RFP. Payments remitted back to The City of Porterville can be anticipated quarterly. It is important to highlight that this fee is applied after REC procurement costs are recouped, not on the total value of the credit sale, saving the City of Porterville additional costs.

THANK
YOU
FuSE is a software-as-a-service (SaaS) company that designs, manages and executes electricity consumption data products and services for forward-thinkingon- andoff-roadfleet operators.

SIMPLIFYING LOW CARBON FUEL STANDARDS GLOBALLY
[email protected]
www.usefuse.com +1 833-937-6262
Sacramento, CA - Vancouver, BC
e-Mission Control | Monetization Services Agmt | 1

ENVIRONMENTAL CREDIT PROGRAM MONETIZATION SERVICES AGREEMENT Energy Mission Control Corporation dba FuSE Carbon Technologies (“FuSE”), a Delaware corporation, and the undersigned person or entity (“Partner”) agree, effective as of ____________ (“Effective Date”), with a first data reporting date of the Third Quarter of 2024 (the “first reporting quarter”), as follows:

1. Appointment as Broker; Qualification as Credit Generator. Partner hereby engages FuSE to act as Partner’s non-exclusive broker with respect to credit generation, optimization, and monetization opportunities within environmental and clean energy regulatory schemes, including, but without limitation to, low-carbon fuel standard programs, renewable fuel standard programs, renewable portfolio standard programs, or other similar programs, irrespective of the jurisdiction or territory in which the program is active, as agreed to by Partner and FuSE (collectively the “Services”). This Agreement serves as qualifying documentation that FuSE will serve as the credit generator (fuel reporting entity and/or project operator) in the aforementioned programs.

2. Services. The Services will be performed in a workmanlike and professional manner by employees or contractors of FuSE having a level of skill commensurate with the requirements of this Agreement. FuSE will require its employees and contractors at all times to observe the security and safety policies provided by Partner.

3. Independent Contractors. The parties are independent contractors to one another, and nothing herein will be deemed to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement will be interpreted or construed as establishing the relationship of employer and employee between Partner and either FuSE or any employee or agent of FuSE. FuSE bears sole responsibility for payment of compensation to its personnel.

4. Fee. FuSE will retain a commission equal to _____ (__%) of all Credits generated by Partner, or from Partner-related products or facilities, as a result of Services performed by or on behalf of FuSE during the term of this Agreement. “Credits” mean the units of measure used for determining a regulated entity's compliance with the average carbon intensity requirements in the programs mentioned in Section 1. Credits are denominated in units of metric tons of carbon dioxide equivalent (CO2e) and are calculated pursuant to the California Code of Regulations Title 17 Sections 95486, Oregon Administrative Rules Chapter 340- 253-1020, Washington Administrative Code Chapter 173-424, British Columbia Greenhouse Gas Reduction Act Chapter 16 Part 3. FuSE may cover and recoup any registration fees charged by government agencies for participation in aforementioned programs.

5. Confidential Information. Each party may share its proprietary and confidential information (“Confidential Information”) with the other party and the receiving party will not use the Confidential Information of the disclosing party in any way except to perform under this Agreement and will not disclose the Confidential Information to (i) any unauthorized third party, or (ii) any employees or agents except those employees or agents who have a need to know such information in order to carry out the business purpose of this Agreement (“Representatives”) so long as the receiving party first informs them of the confidential nature of the information and their obligations hereunder. The receiving party and its Representatives will take all reasonable measures to maintain the confidentiality of the Confidential Information. The receiving party will return all copies of Confidential Information to the disclosing party immediately upon request by the disclosing party. Confidential Information will not include information that the receiving party can document: (a) is publicly available or becomes publicly available through no act or omission of the receiving party, (b) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (c) is or has been independently developed by such party without use or reference to the other party’s Confidential Information, or (d) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law.

FuSE | Services Agreement Page 2 of 4

6. Ownership Rights. Except for any Underlying FuSE Technology (defined below), FuSE hereby assigns to Partner all rights, title and interest in and to work generated by FuSE as part of the Services (“Deliverables”), including all intellectual property rights thereto. “Underlying FuSE Technology” means (a) FuSE technology and intellectual property existing at the Effective Date or otherwise arising outside of work under this Agreement, (b) any derivatives, improvements, enhancements or extensions of the foregoing that are not uniquely applicable to Partner’s technology, and (c) any intellectual property rights anywhere in the world relating to any of the foregoing. Subject to the terms and conditions of this Agreement, if any Underlying FuSE Technology is incorporated into the Deliverables, FuSE grants to Partner a non-exclusive, royalty-free, irrevocable, worldwide license, transferable and sublicensable only to Partner and its affiliates to use the Underlying FuSE Technology and to make derivative works of the same, solely as part of and in order to use the Deliverables as contemplated in this Agreement for Partner and its affiliates’ internal business purposes only.

7. Analyses. FuSE may incorporate into its knowledge base and use without further compensation of any kind, any evaluations, data, feedback and analyses in whatever media learned or developed as a result of the Services provided pursuant to this Agreement; provided, FuSE does not violate its obligation to maintain the confidentiality of all Partner Confidential Information.

8. Term; Termination. The term of this Agreement commences on the Effective Date set forth above and continues until terminated by either party upon 90 days prior written notice. This Agreement may be terminated by either party for cause if the other party breaches any provision and fails to cure the breach within 30-days after receipt of written notice from the non-breaching party. The following provisions of this agreement will survive termination: Sections 5, 6, 8, 9, 10, 11.

9. Indemnity. Each party (the “Indemnifying Party”) agrees to defend, indemnify and hold harmless the other party and its affiliates, officers, employees, agents, and permitted successors and assigns (the “Indemnified Parties”) against any and all third party claims, suits, and proceedings, including any losses, damages, liabilities, penalties, expenses, reasonable legal fees, and costs of any kind incurred in connection with such claims, suits or proceedings (“Loss”) to the extent that such Loss arises out of or results from the gross negligence or willful misconduct by the Indemnifying Party or its affiliates, officers, employees or agents.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO

THE OTHER PARTY OR ANY THIRD PARTY, UNDER ANY CONTRACT, TORT OR OTHER

LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS. IN NO EVENT WILL EMCC BE LIABLE (I) FOR LOSS OF DATA OR RECORDS OF PARTNER, IT BEING UNDERSTOOD THAT PARTNER

WILL BE RESPONSIBLE FOR ENSURING PROPER AND ADEQUATE BACK-UP AND STORAGE

PROCEDURES, OR (II) FOR DAMAGES IN EXCESS OF THE AMOUNT OF FEES PAID BY PARTNER TO EMCC IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.

11. Miscellaneous. This Agreement will be governed by the laws of the State of Delaware, without reference to conflict of law principles. All disputes arising out of or related to it, will be subject to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Partner will not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of FuSE. This is the entire agreement between the parties relating to FuSE’s provision of the Services. No waiver or modification of this Agreement will be valid unless contained in a writing signed by each party. Partner acknowledges that a breach of this Agreement by Partner may cause irreparable harm to FuSE and that a remedy at law would be inadequate. Therefore, in addition to any remedies available at law, FuSE will be entitled to seek an injunction or other equitable remedies for any breach of this Agreement by Partner.

FuSE | Services Agreement Page 3 of 4
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement by their duly authorized representatives as of the Effective Date.

FuSE: PARTNER: CITY OF PORTERVILLE
By: By:

Print Name: Todd Trauman Print Name: Martha A. Flores
Title: ___CEO Title: _________MAYOR________________
FuSE | Services Agreement Page 4 of 4
Exhibit A – Partner and Facility Information
Legal Name of Partner: CITY OF PORTERVILLE
Partner FEIN:

Facility 1 Address: 555 N. Prospect St., Porterville, CA 93257 Facility 2 Address: 61 W. Oak Ave, Porterville, CA 93257 Facility 3 Address: 15 E. Thurman Ave, Porterville, CA 93257 Facility 4 Address:

Facility 5 Address:

Item No. 15.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Intent to Schedule a Public Hearing to Consider Main Street Banner Application Fee
SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville plans to utilize the banner poles on Main Street, donated by the Porterville Exchange Club, at the corner of Main Street and Cleveland Avenue to advertise events and/or programs that are held in Porterville. The City may, at its discretion, issue a banner permit to an individual or entity, granting permission to temporarily occupy the designated banner location for the purpose of providing notice to residents and visitors about City-sponsored or City-funded special events open to the public, and that are limited to noncommercial, non-political and of a non-religious nature. Banners on City property/poles must be approved, scheduled and coordinated by the City.

On August 20, 2024, City Council approved a policy on the Exhibition of Federal, State, and City Flags, and Banners from City Buildings and Facilities - All Occasions. Some of the items included in Section C-Street Flags and Banners are: applicants must submit a completed banner permit application at least (90) ninety days prior to the requested installation date; a completed banner design must be submitted at the time of application; banners cannot be hung more than (14) fourteen days prior to the event; and once the banner permit is approved the applicant must arrange for the production of the banner designed to the required specifications.

Consistent with other various City permit applications, it is recommended a permit application fee of $20 be implemented and paid at the time of the application submittal. One other element of the application process is that the applicant must designate a licensed contractor to install and remove the banner following guidelines provided by the City, or remit payment for those services to be provided by the City. In order to cover the cost of two full-time City employees to provide installation and removal services using a bucket truck, it is recommended that a fee of $300 be established. The Parks and Leisure Services Commission, at its meeting on October 3, 2024, voted unanimously to recommend the application permit fee of $20, and the banner installation/removal services of $300.

RECOMMENDATION: That the City Council schedule a Public Hearing for November 5, 2024, to allow for public comment and to consider the Main Street banner application fee.

Item No. 15.

ATTACHMENTS: 1. Draft Street Banner Guidelines/Application Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
The City of Porterville utilizes the banner poles on Main Street to advertise events and/or programs that are held in Porterville. The City may, at its discretion, issue a banner permit to an individual or entity, granting permission to temporarily occupy the designated banner location for the purpose of providing notice to residents and visitors about City-sponsored or City-funded special events open to the public, and that are limited to non-commercial, nonpolitical and of a non-religious nature. Banners on City property/poles must be approved, scheduled, and coordinated by the City. The banner permit process follows the City’s Street Banners Policy with the following guidelines:

Applicants must submit a completed banner permit application to the Parks and Leisure Services Department at least 90 days prior to the requested installation date and remit payment of the banner permit application fee ($20). Applications received less than 90 days prior to the requested installation date are subject to the City’s ability to facilitate the request. Applicants may apply for banner locations up to 6 months prior to their installation date.

A completed banner design (including text and graphics) must be submitted to Parks and Leisure Services at the time of application.

Banners promoting specific events cannot be hung more than 14 days prior to the start of the event and must be removed within five days after the completion of the event.

Applicant must designate a licensed contractor to install and remove the banner following guidelines provided by the City or remit payment for those services to be provided by the City ($300).

Once the banner permit is approved, the applicant must arrange for the production of the banner designed to the specifications below. If the banner is not constructed correctly, it will not be installed.

Material must be durable cloth, canvas or vinyl and it is recommended that the final banner be double-sided.
a.

Banners should have reinforced grommets on the top and the bottom for attachment points. The grommets should be spaced at approximately 4 feet intervals. b.
c.Banners should be 3 feet wide and 46 feet in length.
d.Air slots will be spaced approximately 5 feet apart, located at the centerline of banner.

A 1/4-inch synthetic rope shall be sewn in the top and bottom of the banner, extending approximately 3 feet beyond each end.
e.

GUIDELINES

STREET BANNER
Guidelines and
Application
Parks & Leisure
Services
(559) 791-7695 15 E. Thurman Ave., Suite A, Porterville, CA 93257 46 ft.
3 ft.
3 ft.
air slots (see note d.)
rope (see note e.)
grommets (see note b.)
(559) 791-7695 15 E. Thurman Ave., Suite A, Porterville, CA 93257

STREET BANNER
Guidelines and
Application
Parks & Leisure
Services

GROUP/ ORGANIZATION

APPLICANT NAME
First Last

MAILING ADDRESS
Street City Zip Code

PHONE NUMBER EMAIL ADDRESS

BANNER DISPLAY PERIOD

EVENT/ PROGRAM DESCRIPTION
The event or activity that the street banner will be promoting Proposed installation date Proposed removal date

BANNER ARTWORK
A completed banner design (including text and graphics) must be submitted.

Artwork is attached to this application Artwork will be submitted electronically to [email protected]

APPLICATION

AGREEMENT
I have read and understand the terms of the agreement for displaying banners. The organization agrees to indemnify, defend and hold harmless the City of Porterville, its officers, employees and agents from any claim of liability or responsibility for any accident, loss or damage to persons or property arising out of or resulting from the installation or display of banners.

Signature: Date:

BANNER
PERMIT FEE:
$20
Paid to City of Porterville
Banner will be installed by a licensed contractor.

Contractor Name:

INSTALLATION
Banner will be installed by the City of Porterville.
($300 installation fee)
Item No. 16.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: A Resolution Approving the Application for the Zero-Emission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District
SOURCE: Parks and Leisure Services
COMMENT: The San Joaquin Valley Air Pollution Control District is a public health agency whose mission is to improve the health and quality of life for all Valley residents through efficient, effective and entrepreneurial air quality management strategies. The Zero-Emission Landscaping Equipment Program provides incentives for San Joaquin Valley landscapers, public agencies, and businesses that perform their own landscape maintenance, to replace their old gas-powered landscape equipment with new electric options. Eligible entities must, for the past two years prior to submitting an application, currently, have owned and operated gas or diesel-powered professional landscape maintenance equipment in daily operations within the geographic area of the San Joaquin Valley Air Basin. Some of the eligible equipment types include: string trimmers, edgers, chainsaws, blowers, and mowers.

There is currently gas and diesel-powered equipment at the end of its useful life in need of replacement in the Parks Division inventory. With the goal of reducing the cost to the City's budget, upon Council approval, the Parks Division intends to submit a grant application which, if awarded, would exchange current gas-powered equipment with battery-powered equipment. The Parks Department intends to apply for vouchers for the following equipment:
(5) five backpack blowers, (6) six string trimmers, (3) three saw kits, (1) one hedge trimmer, and (2) two mowers. The expected savings to the Parks budget to replace this equipment is approximately $44,000.

RECOMMENDATION: That the City Council adopt a Resolution approving the application for the Zero-Emission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Item No. 16.

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE APPLICATION FOR THE SAN JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT ZERO-EMISSION LANDSCAPING EQUIPMENT VOUCHER

PROGRAM
WHEREAS, the Zero-Emission Landscaping Equipment Voucher Program, through the San Joaquin Valley Air Pollution Control District, provides incentives for San Joaquin Valley landscapers, public agencies, and businesses that perform their own landscape maintenance, to replace their old gas-powered landscape maintenance equipment with new electric options; and WHEREAS, the District believes the projects funded through this program can secure longterm air quality benefits as the funding will be used to introduce innovative clean-air technology and strategies on the local level; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

1. Authorizes the City of Porterville to enter into a contract with the San Joaquin Valley Air Pollution Control District’s Zero-Emission Landscaping Equipment Voucher Program.

2. Appoints the Parks and Leisure Services Director as the authorized agent of the application to sign required assurances and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned program.

PASSED, APPROVED AND ADOPTED this 15th day of October, 2024. ____________________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: _________________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Acceptance of Funding from the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program for the Purchase of Three ZeroEmission Vehicles SOURCE: Public Works
COMMENT: The Energy Efficiency and Conservation Block Grant (EECBG) Program, funded by the U.S. Department of Energy, aims to promote energy efficiency and reduce greenhouse gas emissions. The City of Porterville applied for and was awarded, $121,930 under this program.

The City's approved project is to purchase three Tesla Model 3 electric vehicles, which aligns with Porterville's broader sustainability strategy to reduce greenhouse gas emissions and transition to cleaner transportation solutions. The City's fleet currently includes several electric and hybrid vehicles, and the addition of these Tesla Model 3 vehicles will further reduce reliance on fossil fuels, enhancing the City's commitment to environmental stewardship.

This project is an eligible activity under the EECBG guidelines for Category (7) Conservation of Transportation Energy, which includes improving energy efficiency through the purchase of electric vehicles and infrastructure to reduce transportation fuel consumption and emissions.

Project Cost Breakdown:
• 3 Tesla Model 3 Vehicles: $153,156.08
• EECBG Grant: $121,930.00
• IRS Elective Credit: $22,500
• Local Match (Transportation Funds): $8,726.08
As of January 1, 2024, the Tesla Model 3 is the only eligible vehicle in the $55,000 MSRP category to qualify for the $7,500 tax rebate from the IRS. The Inflation Reduction Act of 2022 allows local governments to receive certain clean energy tax credits directly through the elective pay provision, even if they do not owe federal taxes. This option, known as direct pay, will provide an additional $22,500 for this project.

These vehicles will replace existing pool cars that have met their useful life and expand the City's pool car fleet. The addition of these electric vehicles will serve multiple departments in various City operations, enhancing transportation efficiency, reducing operational costs, and furthering the City’s sustainability Item No. 17.
efforts by minimizing reliance on fossil fuel vehicles.

In compliance with the EECBG guidelines, the City will adhere to the following reporting and compliance requirements:
• Annual Performance Report: The City will submit an annual performance report summarizing progress made in achieving the project goals.
• Financial Reporting (SF-425): The City will complete and submit financial reports outlining the expenditure of the grant funds. • NEPA Compliance: The City will ensure that the project complies with National Environmental Policy Act (NEPA) guidelines and submit any necessary NEPA logs for review.
• Davis-Bacon Act Compliance: The City will ensure compliance with the Davis-Bacon Act, which requires contractors and subcontractors on federally funded projects to pay prevailing wages.

The acceptance of this funding and the purchase of three Tesla Model 3 vehicles will allow the City to advance its sustainability goals, reduce operating costs, and enhance its commitment to environmental responsibility. There will be no impact on the City’s General Fund, as the project is fully supported by the EECBG award of $121,930, $22,500 in IRS Elective Pay Credits, and $8,726.08 in Transit Local Transportation Funds.

RECOMMENDATION: That the City Council:

1. Accept funding from the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG)
Program in the amount of $121,930;

2. Authorize the Mayor, or designer, to execute all necessary documents related to the acceptance of the funding and
the implementation of the approved project;

3. Authorize staff to prepare and submit Clean Energy Tax Credits in the amount of $7,500 per vehicle;

4. Appropriate $8,726.08 in Transit Local Transportation Funds (LTF) as local match funding; and

5. Approve the purchase of three Tesla Model 3 vehicles in the amount of $153,156.08.

ATTACHMENTS: 1. EECBG Program Local Govt. Allocations

2. DOE Notification

3. IRS Elective Pay Credit

4. Tesla Model 3 Quote
Appropriated/Funded:

Item No. 17.

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
8 # State/Territory Entity Name Level of
Government Allocation
254 CA Palm Desert City $118,040
255 CA Palm Springs City $76,770
256 CA Palmdale City $197,390
257 CA Palo Alto City $141,790
258 CA Paramount City $114,940
259 CA Pasadena City $193,560
260 CA Perris City $134,320
261 CA Petaluma City $121,440
262 CA Pico Rivera City $120,010
263 CA Pittsburg City $128,250
264 CA Placentia City $112,350
265 CA Pleasanton City $140,450
266 CA Pomona City $188,070
267 CA Porterville City $121,930
268 CA Poway City $76,830
269 CA Rancho Cordova City $138,900
270 CA Rancho Cucamonga City $207,660
271 CA Rancho Palos Verdes City $76,370
272 CA Rancho Santa Margarita City $76,570
273 CA Redding City $149,160
274 CA Redlands City $133,300
275 CA Redondo Beach City $127,820
276 CA Redwood City City $142,550
277 CA Rialto City $151,580
278 CA Richmond City $160,550
279 CA Riverside City $325,070
280 CA Rocklin City $127,710
281 CA Rohnert Park City $76,440
282 CA Rosemead City $113,300
283 CA Roseville City $190,900
284 CA Sacramento City $493,300
285 CA Salinas City $195,530
286 CA San Bernardino City $249,590
287 CA San Bruno City $76,430
288 CA San Buenaventura (Ventura) City $161,680
289 CA San Clemente City $123,390
290 CA San Diego City $1,185,290
291 CA San Francisco City $796,610
Allow sender | Block sender
Outlook
Department of Energy EECBG Voucher Preapproval – Porterville From EECBG Vouchers <[email protected]>
Date Thu 9/26/2024 9:38 AM
To Richard Tree <[email protected]>
2 attachments (1 MB)
FARC 6.17.24.pdf; Post-Installation User Guide.pdf;
Caution! This message was sent from outside your organization.

Congratulations! The U.S. Department of Energy has approved your Energy Efficiency and Conservation Block Grant (EECBG) Program Equipment Rebate Voucher application. This email serves as the official notice that you may now proceed with equipment purchase and installation.

Next steps:

Start your project! For information, please refer to the EECBG Voucher Handbook and the EECBG Program website.

Please review the attached Federal Assistance Reporting Checklist (FARC) for details on required reporting. (Note: The highlighted reports may or may not apply to your project.) For more information, please see DOE’s Equipment Voucher Reporting webinar recording and slides.

Per the Handbook: “Following application approval, eligible entities have up to two years to use their EECBG Program voucher funds with the option to request a no-cost extension.” Once your entire project is complete and all costs paid, see the attached Post-Installation User Guide for instructions on requesting voucher reimbursement.

If you need additional assistance or have any questions, please get in touch with us at this email address ([email protected]) and reference your application number below:

Application Number: IA-0000001093
Thank you,
EECBG Rebate & Portal Administrator
ICF – Supporting DOE’s Energy Efficiency and Conservation Block Grant (EECBG) Program Email: [email protected]
Portal: https://doerebates.my.site.com/eecbgvouchers
10/1/24, 9:38 AM Mail - Richard Tree - Outlook
https://outlook.office365.com/mail/id/AAQkADY4YzhlODczLWRmZTctNGFmZi04OGZmLTY3ZGJmZTMwNTM3YgAQAOf8TAyEADdKub1mow33xXU… 1/1

State &
Local Governments
What is elective pay?
Elective pay allows applicable entities, including tax-exempt and governmental entities that would otherwise be unable to claim certain credits because they do not owe federal income tax, to benefit from some clean energy tax credits. By choosing this election, the amount of the credit is treated as a payment of tax and any overpayment will result in a refund.

For example, because of the Inflation Reduction Act, a local government that makes a clean energy investment that qualifies for the investment tax credit can file an annual tax return with the IRS to claim elective pay for the full value of the investment tax credit, as long as it meets all of the requirements including a pre-filing registration requirement. As the local government would not owe other federal income tax, the IRS would then make a refund payment in the amount of the credit to the local government.

Are state and local governments eligible?
Yes. States, political subdivisions and their agencies and instrumentalities are all eligible for elective pay. This includes the District of Columbia. It also includes cities, counties and other political subdivisions. Water districts, school districts, economic development agencies, public universities and hospitals that are agencies and instrumentalities of states or political subdivisions are also included.

How do I make the elective
payment election?
Eligible entities not normally required to file an annual tax return with the IRS should file Form 990-T along with any form required to claim the relevant tax credit.

However, there are steps leading up to this, such
as a required pre-filing registration process. An EIN or TIN is required to complete the pre-filing registration process.

Electronic return filing is strongly encouraged.

What will I need to do to receive
a payment?

1. Identify and pursue the qualifying project or activity: You will need to know what applicable credit you intend to earn and use elective pay for.

2. Determine your tax year, if not already known: Your tax year will determine the due date for your tax return.

3. Placed in service: The applicable credit property must be placed in service BEFORE a registration number will be issued.

4. Complete pre-filing registration with the IRS: This will include providing information about yourself, which applicable credits you intend to earn, and each eligible project/property that will contribute to the applicable credit and other information required.

Upon completing this process, the IRS will provide you with a registration number for each applicable credit property. You will need to provide that registration number on your tax return as part of making the elective pay election.
• Complete pre-filing registration in sufficient time to have a valid registration number at the time you file your tax return.

5. Satisfy all eligibility requirements for the tax credit and any applicable bonus credits, if applicable, for a given tax year:
• You will need the documentation necessary to properly substantiate any underlying tax credit, including if bonus amounts increased the credit.

6. File Form 990-T by the due date (or extended due date) and make a valid elective payment election.

What tax credits can elective pay be
used for?
See Publication 5817g for a list of tax credits that can be used for elective pay.

Resources
❯ Elective Pay and Transferability
❯ irs.gov/cleanenergy
❯ Publication 5884, IRA and CHIPS Pre-Filing Registration Tool User Guide
❯ Publication 5902, Clean Energy Authorization Permission Management User Guide
Publication 5817-E (Rev. 4-2024) Catalog Number 94133A Department of the Treasury Internal Revenue Service www.irs.gov 45500 Fremont Blvd
Fremont, CA 94538
Attn: Mac Dunmire240‐821‐3055
Item # Description Quantity Units of Measure Unit Price Total Value 1 Car ‐ Tesla Model 3 3 EACH $42,490.00 $127,470.00
363 mile range Rear‐Wheel Drive
Color: Pearl White Multi‐Coat 3 EACH $1,000.00 $3,000.00 Autopilot 3 EACH $0.00 $0.00
Power Doors 3 EACH $0.00 $0.00Center console with storage, 4 USB‐C ports and wireless charging for 2 smartphones 3 EACH $0.00 $0.00
Power Windows 3 EACH $0.00 $0.00Carpeted Flooring Front and Rear 3 EACH $0.00 $0.0019" Nova Wheels 3 EACH $1,000.00 $3,000.00 All Black Interior 3 EACH $0.00 $0.00
Synthetic Leather Seats 3 EACH $0.00 $0.00Tinted glass roof with ultraviolet and infrared protection 3 EACH $0.00 $0.00Rear View Camera 3 EACH $0.00 $0.00Tilt Steering Wheel 3 EACH $0.00 $0.00Keys (2 Keys Standard) 3 EACH $0.00 $0.0012‐way power adjustable front and rear heated seats 3 EACH $0.00 $0.00Front License Plate Holder 3 EACH $0.00 $0.00Mirrors, Power folding, auto‐dimming, heated 3 EACH $0.00 $0.00Glass, Privacy 3 EACH $0.00 $0.00Interior floor mats 3 EACH $0.00 $0.00Traffic Aware Cruise Control 3 EACH $0.00 $0.00LED fog lamps 3 EACH $0.00 $0.00Eight surround cameras and 12 ultrasonic sensors 3 EACH $0.00 $0.00Premium audio –14 speakers, 1 subwoofer, 2 amps, and immersive sound 3 EACH $0.00 $0.00
Back Up Alarm 3 EACH $0.00 $0.00A/C, High Capacity Front/Rear 3 EACH $0.00 $0.00Fee‐ Destination 3 EACH $1,390.00 $4,170.00 Order Fee 3 EACH $250.00 $750.00
$46,130.00 $138,390.00
Registration 3 EACH $313.00 $939.00Electronic Reg / Title Filing Fee 3 EACH $33.00 $99.00Tire Fee 3 EACH $7.00 $21.00License Fee 3 EACH $302.00 $906.00Sales Tax 3 9.25% $4,267.03 $12,801.08 Total including est. fees $51,052.03 $153,156.08
Standard Equipment Features
Total excluding tax
Order‐to‐delivery: 4 ‐ 8 weeks
Item No. 18.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Notification of PFAS Level Exceedance
SOURCE: Public Works
COMMENT: On March 6, 2024, the City of Porterville Water Division received notification from the State Water Resources Control Board (SWRCB) regarding the statewide concern of possible contamination of drinking water supplies by perfluoroalkyl and polyfluoroalkyl substances (PFAS).

PFAS substances are a large group of man-made substances that have been synthesized for their water and liquid resistance properties. Since the 1940s, PFAS has been used in industrial and consumer products, such as non-stick cookware, waterproof clothing, stain-resistant fabrics and carpets and some firefighting foams, and products that resist grease, water and oil.

Scientific research suggests that exposure to certain PFAS may lead to adverse health outcomes. Because of these potential health risks, the SWRCB appropriated funds to test for PFAS in community public water systems serving disadvantaged and severely disadvantaged communities to understand the origin of PFAS contamination and impacts on the drinking water in these communities.

On May 6, 2024, the City began sampling of thirty-seven (37) wells within the City of Porterville. Of the thirty-seven (37) wells tested, five (5) had PFAS levels which exceeded the PFAS Notification Level. Three (3) wells (Lindale 1, Lindale 8 and City Well 4) do not pump into the City’s water system. The other two (2) wells (City Wells 19 and 21) are active wells that are in service without PFAS treatment.

The origin of the contaminant in the water supply is unknown at this time.

However, the Water Division is working with the SWRCB and other agencies to identify the circumstances of the contamination. The City of Porterville Water Division will supply additional information and sample results to all of its consumers in the annual Consumer Confidence Report issued annually by July 1.

Pursuant to General Order No. DW-2024-0002-DDW, Health and Safety Code section 116455 requires that within 30 days of a confirmed detection of a contaminant found in drinking water delivered by a public water system for human consumption that is in excess of a notification level set by the State Water Board, the public water system which supplies water directly to the end user must notify the public water system’s governing body (City Council) and Item No. 18.
the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the water system.

RECOMMENDATION: That City Council:

1. Accept this report as meeting General Order No. DW2024-0002-DDW requirement for notification of PFAS Notification Level Exceedance in five (5) wells within the City of Porterville Water System;

2. Accept the PFAS Notification Letter of Notification Level Exceedance for the five (5) wells within the City of
Porterville Water System.

ATTACHMENTS: 1. PFAS Notification Letter 2024
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Request For Will Serve Letter - 14534 Road 274 SOURCE: Community Development
BACKGROUND: The property at 14534 Road 274 (APN 264-020-013) is located in East Porterville, outside the city limits and within the city’s Urban Development Boundary. It is developed as a single-family residence, with a proposed ADU under consideration by the County of Tulare. The existing residence currently receives water via an Extraterritorial Service Agreement (ESA) as an emergency water service connection through the Department of Water Resources (DWR) Emergency Connection Project for East Porterville, under which the property qualified as part of the East Porterville Feasibility Study Project Area. The ESA was approved on February 25, 2017. The ESA application included an Irrevocable Agreement for Annexation (IAA #72-15) and a Deed Restriction for future development, which was recorded at the Tulare County Recorder’s office as Record Number 2017- 0061704 on October 6, 2017. The deed restriction provided that “no expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville.”
COMMENT: Staff received a request for a will-serve letter to provide a second water connection service to an existing property located at 14534 Road 274 for development of an accessory dwelling unit (ADU).

ANALYSIS: Pursuant to Gov. Code Section 66310, et seq., the County is required to ministerially approve a proposed ADU. Correspondingly, the City is required to approve a water service to that ADU, if requested.

ENVIRONMENTAL
REVIEW:

On October 3, 2024, the Environmental Coordinator made a determination that the project is exempt from CEQA as a ministerial project as it consists solely of the approval of an individual utility service connection (CEQA Guidelines §15268(b)(4)).

RECOMMENDATION: That the City Council adopt the draft resolution approving the second water service connection at 14534 Road 274.

ATTACHMENTS: 1. Locator Map

2. Site Plan

3. Recorded Irrevocable Agreemnt for Annexation #72-15

4. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

Page 1 of 2 ends

RESOLUTION NO.____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 14534 ROAD 274
WHEREAS: The California State Water Resources Control Board, in coordination with the Department of Water Resources, conducted a feasibility study to define a long-term solution to the water-related issues in East Porterville.; and WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016 amended the procedures for annexation and extension of municipal services via Resolution 19-2016: and WHEREAS: The property located at 14534 Road 274 (APN 264-020-013) qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on February 25, 2017; and WHEREAS: The ESA included an Irrevocable Agreement for Annexation, IAA # 72-15, and a Deed Restriction, which document was recorded at the Tulare County Recorder’s on October 6, 2017 as Record Number 2017-0061704; and WHEREAS: The Deed Restriction outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures may be permitted without approval of the City Council of the City of Porterville”; and WHEREAS: The approval of an accessory dwelling unit (ADU) is a ministerial action pursuant to Gov. Code Section 66310, et seq.; and WHEREAS: As the purveyor of domestic water in the area, the City of Porterville is obligated to provide a water service to said ADU if requested; and WHEREAS: This project is exempt from CEQA pursuant to CEQA Guidelines Section §15268, Ministerial Projects.

NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request for a second water service for the future development of a residential dwelling unit:

1. All water service connections shall comply with all applicable codes, including but not limited to Porterville Municipal Code Section 26-2, which requires the abandonment of wells upon municipal service connection.

2. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

Resolution No. __-2024

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 15th day of October, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
BY __________________________________
Fernando Gabriel-Moraga,
Acting Deputy City Clerk
Item No. 20.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Request for Proclamation - 75th Anniversary of Court Regina Coeli #1521 SOURCE: Administrative Services
COMMENT:

At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Court Regina Coeli - Catholic Daughters of America, has requested a proclamation for the 75th Anniversary of Court Regina Coeli #1521, in Porterville. Mayor Flores is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of a request for the 75th Anniversary of Court Regina Coeli #1521, in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - 75th Anniversary Court Regina Coeli - 2024
Appropriated/Funded: N/A
Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager

Item No. 21.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on October 1, 2024, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.

On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

Item No. 21.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.

On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with Item No. 21.
the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.

Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

Item No. 21.

On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.

On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.

At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, Item No. 21.

July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

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

ATTACHMENTS: 1. Declaration of Local Emergency - March 13, 2023

2. Resolution No. 11-2023

3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023

4. Tule River Banks Mandatory Evacuation Order - March 19, 2023

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

8. Federal Disaster Declaration Fact Sheet - April 3, 2023

9. License to Use State Military Property - April 14, 2023

10. City and County Memorandum of Understanding for
Shelter Support

11. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023

12. License to Use State Military Property - May 16, 2023

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

15. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment

16. Royal Restrooms Invoice: Mobile Shower-Restroom Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and Disaster

22. California Government Code 8558

23. Porterville Army National Guard Armory Daily Census Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 21.

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.

2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph

3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.

4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.

5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.

6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.

The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.

9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.

10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________

GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.

2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:

To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:

The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:

In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.

7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.

9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:

The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.

The Water Board shall post on its internet website all reports received pursuant to this subparagraph.

10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.

11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.

IT IS HEREBY ORDERED THAT:

1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.

2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.

4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.

Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.

5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to this Order.

IN WITNESS WHEREOF I hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.

As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.

Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.

Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.

As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS

LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:

Subtotal:

Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.

If you have any questions please call 800-457-3728
or e-mail [email protected].

Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

JESSE PINTOR
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:

Email:

Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):

Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.

Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.

This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:

1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.

2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.

3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.

4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.

5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.

6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).

7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.

8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.

9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.

10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.

11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.

12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.

13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.

14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.

IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:

By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.) Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Thursday, October 12, 2023 27 2 5
Friday, October 13, 2023 21 2 5
Saturday, October 14, 2023 21 2 5
Sunday, October 15, 2023 19 2 5
Monday, October 16, 2023 24 2 5
Tuesday, October 17, 2023 22 2 5
Wednesday, October 18, 2023 22 2 5
Thursday, October 19, 2023 30 2 5
Friday, October 20, 2023 17 2 5
Saturday, October 21, 2023 15 2 5
Sunday, October 22, 2023 22 2 5
Monday, October 23, 2023 22 2 5
Tuesday, October 24, 2023 20 2 5
Wednesday, October 25, 2023 19 2 5
Thursday, October 26, 2023 21 1 5
Friday, October 27, 2023 21 1 3
Saturday, October 28, 2023 21 1 3
Sunday, October 29, 2023 18 1 3
Monday, October 30, 2023 24 1 3
Tuesday, October 31, 2023 20 1 3
Wednesday, November 1, 2023 25 1 3
Thursday, November 2, 2023 24 1 3
Friday, November 3, 2023 22 1 3
Saturday, November 4, 2023 22 1 3
Sunday, November 5, 2023 19 1 3
Monday, November 6, 2023 23 1 3
Tuesday, November 7, 2023 27 1 3
Wednesday, November 8, 2023 22 1 3
Thursday, November 9, 2023 22 1 3
Friday, November 10, 2023 23 1 3
Saturday, November 11, 2023 21 1 3
Sunday, November 12, 2023 24 1 3
Monday, November 13, 2023 27 1 3
Tuesday, November 14, 2023 24 1 3
Wednesday, November 15, 2023 29 1 3
Thursday, November 16, 2023 29 0 3
Friday, November 17, 2023 25 0 3
Saturday, November 18, 2023 29 0 3
Sunday, November 19, 2023 29 0 3
Monday, November 20, 2023 29 0 3
Tuesday, November 21, 2023 29 0 3
Wednesday, November 22, 2023 29 0 3
Thursday, November 23, 2023 21 0 3
Friday, November 24, 2023 29 0 3
Saturday, November 25, 2023 27 0 3
Sunday, November 26, 2023 27 0 3
Monday, November 27, 2023 26 0 3
Tuesday, November 28, 2023 27 0 3
Wednesday, November 29, 2023 29 0 3
Thursday, November 30, 2023 27 0 3
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Saturday, December 2, 2023 25 0 3
Sunday, December 3, 2023 25 0 3
Monday, December 4, 2023 20 0 3
Tuesday, December 5 2023 25 0 3
Wednesday, December 6, 2023 30 0 3
Thursday, December 7, 2023 30 0 3
Friday, December 8, 2023 29 0 3
Saturday, December 9, 2023 25 0 3
Sunday, December 10, 2023 31 0 3
Monday, December 11, 2023 30 0 3
Tuesday, December 12, 2023 32 0 3
Wednesday, December 13, 2023 32 0 3
Thursday, December 14, 2023 35 0 3
Friday, December 15, 2023 30 0 3
Saturday, December 16, 2023 31 0 3
Sunday, December 17, 2023 29 0 3
Monday, December 18, 2023 26 0 3
Tuesday, December 19, 2023 25 1 3
Wednesday, December 20, 2023 31 0 3
Thursday, December 21, 2023 28 0 3
Friday, December 22, 2023 32 0 3
Saturday, December 23, 2023 29 0 3
Sunday, December 24, 2023 30 0 3
Monday, December 25, 2023 28 0 3
Tuesday, December 26, 2023 23 0 3
Wednesday, December 27, 2023 24 0 3
Thursday, December 28, 2023 28 0 3
Friday, December 29, 2023 23 0 3
Saturday, December 30, 2023 25 0 3
Sunday, December 31, 2023 28 0 3
Monday, January 1, 2024 24 0 3
Tuesday, January 2, 2024 24 0 3
Wednesday, January 3, 2024 29 0 3
Thursday, January 4, 2024 21 0 3
Friday, January 5, 2025 22 0 3
Saturday, January 6, 2024 32 0 3
Sunday, January 7, 2024 29 0 3
Monday, January 8, 2024 26 0 3
Tuesday, January 9, 2024 27 0 3
Wednesday, January 10, 2024 34 0 3
Thursday, January 11, 2024 33 0 3
Friday, January 12, 2025 36 0 3
Saturday, January 13, 2024 35 0 3
Sunday, January 14, 2024 34 0 3
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Tuesday, January 16, 2024 38 0 4
Wednesday, January 17, 2024 33 0 4
Thursday, January 18, 2024 33 0 4
Friday, January 19, 2025 33 0 4
Saturday, January 20, 2024 36 0 4
Sunday, January 21, 2024 38 0 4
Monday, January 22, 2024 36 1 4
Tuesday, January 23, 2024 34 1 4
Wednesday, January 24, 2024 32 1 4
Thursday, January 25, 2024 38 1 4
Friday, January 26, 2025 35 1 4
Saturday, January 27, 2024 32 1 4
Sunday, January 28, 2024 36 1 4
Monday, January 29, 2024 34 1 4
Tuesday, January 30, 2024 40 1 5
Wednesday, January 31, 2024 36 1 5
Thursday, February 1, 2024 36 1 5
Friday, February 2, 2024 36 1 5
Saturday, February 3, 2024 27 1 5
Sunday, February 4, 2024 33 1 5
Monday, February 5, 2024 29 1 5
Tuesday, February 6, 2024 33 1 5
Wednesday, February 7, 2024 37 1 5
Thursday, February 8, 2024 34 1 5
Friday, February 9, 2024 37 0 5
Saturday, February 10, 2024 38 0 5
Sunday, February 11, 2024 39 0 5
Monday, February 12, 2024 35 0 5
Tuesday, February 13, 2024 38 0 5
Wednesday, February 14, 2024 37 0 5
Thursday, February 15, 2024 35 0 5
Friday, February 16, 2024 38 0 5
Saturday, February 17, 2024 40 0 5
Sunday, February 18, 2024 38 0 5
Monday, February 19, 2024 41 0 5
Tuesday, February 20, 2024 43 0 5
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Thursday, February 22, 2024 39 0 5
Friday, February 23, 2024 36 0 5
Saturday, February 24, 2024 36 0 5
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Monday, February 26, 2024 37 0 5
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Saturday, March 2, 2024 33 0 9
Sunday, March 3, 2024 33 0 9
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Tuesday, March 5, 2024 38 0 9
Wednesday, March 6, 2024 35 0 9
Thursday, March 7, 2024 36 0 9
Friday, March 8, 2024 37 0 9
Saturday, March 9, 2024 37 0 9
Sunday, March 10, 2024 41 0 9
Monday, March 11, 2024 41 0 9
Tuesday, March 12, 2024 42 0 9
Wednesday, March 13, 2024 40 0 9
Thursday, March 14, 2024 40 0 9
Friday, March 15, 2024 42 0 9
Saturday, March 16, 2024 39 0 9
Sunday, March 17, 2024 39 0 9
Monday, March 18, 2024 40 0 9
Tuesday, March 19, 2024 42 0 9
Wednesday, March 20, 2024 38 0 9
Thursday, March 21, 2024 35 0 9
Friday, March 22, 2024 37 0 9
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Sunday, March 24, 2024 42 0 9
Monday, March 25, 2024 41 0 9
Tuesday, March 26, 2024 41 0 9
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Thursday, March 28, 2024 40 0 9
Friday, March 29, 2024 45 0 9
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Thursday, April 4, 2024 38 0 9
Friday, April 5, 2024 31 0 9
Saturday, April 6, 2024 28 0 9
Sunday, April 7, 2024 33 0 9
Monday, April 8, 2024 38 0 9
Tuesday, April 9, 2024 41 0 9
Wednesday, April 10, 2024 39 0 9
Thursday, April 11, 2024 34 0 9
Friday, April 12, 2024 33 0 9
Saturday, April 13, 2024 38 0 9
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Wednesday, April 17, 2024 34 0 9
Thursday, April 18, 2024 33 0 9
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Saturday, April 20, 2024 28 0 9
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Tuesday, April 23, 2024 28 0 9
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Saturday, May 11, 2024 30 0 9
Sunday, May 12, 2024 30 0 9
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Tuesday, May 14, 2024 32 0 9
Wednesday, May 15, 2024 32 0 9
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Tuesday, May 28, 2024 35 0 8
Wednesday, May 29, 2024 32 0 7
Thursday, May 30, 2024 31 0 7
Friday, May 31, 2024 29 0 8
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Friday, June 7, 2024 30 0 8
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Monday, June 10, 2024 35 0 9
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Wednesday, June 12, 2024 25 0 8
Thursday, June 13, 2024 30 0 10
Friday, June 14, 2024 39 0 10
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Sunday, June 16, 2024 34 0 8
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Monday, June 24, 2024 16 0 7
Tuesday, June 25, 2024 20 0 7
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Thursday, June 27, 2024 30 0 9
Friday, June 28, 2024 33 0 10
Saturday, June 29, 2024 34 0 10
Sunday, June 30, 2024 34 0 10
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Thursday, July 4, 2024 27 0 9
Friday, July 5, 2024 30 0 9
Saturday, July 6, 2024 29 0 9
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Monday, July 8, 2024 36 0 11
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Wednesday, July 10, 2024 35 0 9
Thursday, July 11, 2024 35 0 9
Friday, July 12, 2024 26 0 8
Saturday, July 13, 2024 31 0 9
Sunday, July 14, 2024 35 0 10
Monday, July 15, 2024 36 0 11
Tuesday, July 16, 2024 33 0 10
Wednesday, July 17, 2024 29 0 9
Thursday, July 18, 2024 19 0 7
Friday, July 19, 2024 20 0 7
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Sunday, July 21, 2024 22 0 8
Monday, July 22, 2024 24 0 8
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Saturday, July 27, 2024 22 0 7
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Monday, July 29, 2024 23 0 7
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Wednesday, July 31, 2024 21 0 7
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Friday, August 2, 2024 22 0 7
Saturday, August 3, 2024 18 0 7
Sunday, August 4, 2024 21 0 7
Monday, August 5, 2024 20 0 7
Tuesday, August 6, 2024 22 0 5
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Thursday, August 8, 2024 25 0 8
Friday, August 9, 2024 20 0 4
Saturday, August 10, 2024 16 0 4
Sunday, August 11, 2024 23 0 5
Monday, August 12, 2024 31 0 7
Tuesday, August 13, 2024 23 0 5
Wednesday, August 14, 2024 24 0 4
Thursday, August 15, 2024 20 0 3
Friday, August 16, 2024 18 0 3
Saturday, August 17, 2024 23 0 4
Sunday, August 18, 2024 23 0 3
Monday, August 19, 2024 21 0 4
Tuesday, August 20, 2024 24 0 3
Wednesday, August 21, 2024 23 0 3
Thursday, August 22, 2024 24 0 3
Friday, August 23, 2024 29 0 3
Saturday, August 24, 2024 18 0 2
Sunday, August 25, 2024 30 0 3
Monday, August 26, 2024 16 0 2
Tuesday, August 27, 2024 21 0 3
Wednesday, August 28, 2024 23 0 2
Thursday, August 29, 2024 24 0 3
Friday, August 30, 2024 23 0 3
Saturday, August 31, 2024 27 0 2
Sunday, September 1, 2024 27 0 3
Monday, September 2, 2024 27 0 2
Tuesday, September 3, 2024 21 0 3
Wednesday, September 4, 2024 22 0 3
Thursday, September 5, 2024 27 0 3
Friday, September 6, 2024 33 0 4
Saturday, September 7, 2024 37 0 4
Sunday, September 8, 2024 28 0 3
Monday, September 9, 2024 32 0 4
Tuesday, September 10, 2024 33 0 3
Wednesday, September 11, 2024 22 0 3
Thursday, September 12, 2024 27 0 3
Friday, September 13, 2024 37 0 4
Saturday, September 14, 2024 33 0 4
Sunday, September 15, 2024 38 0 4
Monday, September 16, 2024 33 0 4
Tuesday, September 17, 2024 34 0 4
Wednesday, September 18, 2024 30 0 3
Thursday, September 19, 2024 33 0 4
Friday, September 20, 2024 20 0 2
Saturday, September 21, 2024 21 0 2
Sunday, September 22, 2024 22 0 3
Monday, September 23, 2024 35 0 4
Tuesday, September 24, 2024 33 0 4
Wednesday, September 25, 2024 34 0 3
Thursday, September 26, 2024 30 0 3
Friday, September 27, 2024 27 0 3
Saturday, September 28, 2024 28 0 3
Sunday, September 29, 2024 29 0 3
Monday, September 30, 2024 33 0 3
Tuesday, October 1, 2024 31 0 3
Wednesday, October 2, 2024 40 0 4
Thursday, October 3, 2024 31 0 3
Friday, October 4, 2024 31 0 3
Saturday, October 5, 2024 30 0 3
Sunday, October 6, 2024 27 0 3
Monday, October 7, 2024 25 0 2
Tuesday, October 8, 2024 28 0 2
Wednesday, October 9, 2024 26 0 2
Item No. 22.

CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Second Reading - Ordinance No. 1906, Amending the official City of Porterville Zoning Map
SOURCE: City Attorney
COMMENT: Ordinance No. 1906, An ordinance of the City Council of the City of Porterville, amending the official City of Porterville Zoning Map to Rezone Approximately 447 Acres (19 Parcels) within the proposed South of Tule River (SoTu) District Master Plan Area (Rezone 2024-001) to Residential Neighborhood (RN) Zone District consistent with the Porterville 2030 General Plan as amended, was given first reading on October 1, 2024, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1906, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1906
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager

Page 1 of 4 ends

Porterville City CouncilOctober 15, 2024

Porterville City Council
October 15, 2024