Porterville City Council
January 21, 2025

City Council Agenda January 21, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 21, 2025, 5:30 PM
The City of Porterville provides access to view city council meetings electronically. Please note that this service is offered as a courtesy and may not always be accessible to the public. To ensure the opportunity to participate in public comments and scheduled public hearings, individuals must attend in person.

This meeting will be available for viewing via YouTube at https://www.youtube.com/@cityofporterville4149 ,
and via Zoom using the following information:
https://us06web.zoom.us/j/84691740739?pwd=ED0lQANCrGcwq8BI2sFRYaaHnT9cqo.1 Or via Telephone: +1 669 900 6833 Webinar ID: 846 9174 0739 Passcode: 163669 Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-034. Agency Negotiator: Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 - Conference with Real Property Negotiators/Property: APN: A portion of APN 253-171-004. Negotiating Parties:

City of Porterville and Sam Zenz. Under Negotiation: Terms and Price.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Sell, Gary Lee Jr. v. City of Porterville, et al., Tulare County Superior Court Case No. VCU313488.

City Council Agenda January 21, 2025

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Sousa, Vanessa v. City of Porterville, et al., Tulare County Superior Court Case No. PCU315141

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three Case(s) in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One Case. 7 - Government Code Section 54957 - Public Employee
Appointment/Employment: Title: City Manager
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Meister
Invocation

PRESENTATIONS
Homecoming Queen and Her Court
Employee Service Awards

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

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

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - January 2, 2025 (Cancelled)

2. Library & Literacy Commission - January 14, 2025

3. Arts Commission

4. Animal Control Commission - January 9, 2025

5. Youth Commission - January 08, 2025

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - December 2024 City Council Agenda January 21, 2025

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

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

1. Approval of Draft Minutes of December 17, 2024
Re: Considering approval of the City Council draft Minutes of December 17, 2024.

2. Crime Prevention / Juvenile Diversion Police Vehicle Purchase Re: Consideration to authorize staff to purchase one police vehicle at a cost of $65,000, plus tax, license, and applicable fees, along with the upfit of equipment and a 10% contingency for the total purchase of this vehicle.

3. Authorization to Purchase Hydraulic Pump and Control Manifold Re: Consideration to authorize the purchase of a hydraulic pump and control manifold for a residential side loader from One Source Parts at a cost not to exceed $8,974.

4. Authorization to Purchase Two (2) Battery-Electric Shuttle Vans from Model 1 Re: Consideration to approve the purchase of two (2) battery-electric shuttle vans from Model 1 through the CalACT/MBTA Cooperative Purchasing Program (RFP #20-01) for a total amount not to exceed $243,870.

5. Authorization for Transit Bus Engine Repair
Re: Considering approval of the transit bus engine repair by E. M. Tharp at a cost not to exceed $27,310.

6. Consideration of Purchase and Sale Agreement with Del Oro Water Company for acquiring the Grandview Gardens and East Plano water systems.

Re: Consideration of Purchase and Sale Agreement with Del Oro Water Company for acquiring the Grandview Gardens and East Plano water systems for the appraised value of $301,000.

7. Approval to Renew Adobe Acrobat Pro and Adobe Creative Cloud Subscriptions
Re: Consideration to approve the renewal of Adobe Acrobat Pro and Adobe Creative Cloud from CDW-G for a term of one year in the amount of $7,322.23.

8. Authorization to Renew Contract for GIS Imagery Base Mapping Re: Consideration to authorize staff to enter into a 3-year term Agreement with Nearmap for imagery GIS integration at a cost not to exceed $ 32,175.

9. Consideration of License Agreement Renewal Between the City of Porterville and Community Services Employment Training CSET
Re: Consideration to authorize the renewal of the Agreement with CSET for an additional five (5) years, for the use of property located at 280 N. Fourth Street.

10. Authorization to Award Contract for Two Mini Side Load Refuse Trucks Re: Consideration to award a contract to Ray Gaskin Service for the procurement of two mini side-load refuse trucks in the amount of $406,457.

11. City Easement Conveyance to Southern California Edison City Council Agenda January 21, 2025

Re: Consideration to accept SCE's request to have the City convey an easement for the installation and maintenance of a battery energy storage system (BESS), microgrid controllers, and related facilities at the eastern end of the property located at approximately 1322 W. Grand Avenue and to grant an easement to SCE for APN:
251-350-028.

12. Authorization to Rescind Resolution No. 84-2024 and Approve Updated FY 23/24 TDA Resolution
Re: Consideration of a request to rescind Resolution No. 84-2024 and approve an updated resolution revising the Fiscal Year 2023-24 Transportation Development Act (TDA) claims to reflect adjusted allocations for the City of Porterville and the Tulare County Regional Transit Agency.

13. Consideration to Rescind the Approved Side Letter Agreement for the Management Confidential Series
Re: Considering the rescission of the side letter agreement that amended the Employee Pay and Benefit Plan for Management & Confidential Series.

14. CDBG Citizens’ Advisory and Housing Opportunity Committee Re: Considering the appointment of existing Committee members to the Citizens' Advisory and Housing Opportunity Committee for a one-year term.

15. Police Firing Range Cooperative Agreement with Farmersville Police Department
Re: Consideration to approve a Cooperative Agreement with Famersville Police Department to utilize the Porterville Police Department firing range for training and qualifications of their personnel, for the period of 07/01/25, through 06/30/28.

16. Status Report - Developer Impact Fees
Re: Consideration to accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2024.

17. Consideration of Community Civic Event - Porterville Kiwanis - Valentine's Vendor Market - February 9, 2025
Re: Consideration to approve the Community Civic Event application submitted by Porterville Kiwanis Club to hold the Valentine's Vendor Market on Sunday, February 9, 2025, from 10:00 AM to 5:00 PM at Veterans Park.

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

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

PUBLIC HEARINGS

19. Family Healthcare Network-Annexation 490 and Conditional Use Permit (CUP) Re: A public hearing to receive public comments, and consider the adoption of a draft resolution requesting that the Tulare Local Agency Formation Commission (LAFCo) initiate proceedings for the annexation of land located across the street from 1133 and 1137 W. Poplar Avenue, on the southwest corner of State Route 190 City Council Agenda January 21, 2025

and S. Prospect Street for the development of a parking facility for Family Health Care Network.

20. Extra Mile Chevron Modification of Conditional Use Permit (CUP) Re: A public hearing to receive public comments, and consider the adoption of a draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2020- 027-C) for a Type 21 Off-sale alcohol license for Extra Mile Chevron located at 1043 W. Olive Avenue.

21. Approval of the Analysis of Impediments to Fair Housing Choice and Citizen Participation Plan
Re: A public hearing to receive public comments, and consider a resolution adopting the 2025 Analysis of Impediments to Fair Housing Choice and consideration of the Citizen Participation Plan.

22. Consideration of the Adoption of Updated Parks Impact Fees Re: Conduct a public hearing to receive public comments and consider adopting the Parks Development Impact Fee and Quimby Act Fee for residential development or adopting and Implementing the Parks Development Impact Fee and Quimby Act fee for residential and non-residential development.

SECOND READINGS

23. Second Reading - Ordinance No. 1909, Amending Series 200, Series 300, and Series 700 of the Porterville Development Ordinance
Re: Amending Series 200, Series 300, and Series 700 of the Porterville Development Ordinance to ease regulations and provide consistency with State Laws regarding housing and planning regulations.

SCHEDULED MATTERS

24. Consideration of the Establishment of a Charter Review Committee Re: Considering the formation, charge, scope, composition and appointment method of a Charter Review Committee for possible amendments to be considered on the November 3, 2026 ballot.

25. Consideration of the Establishment of an Ad Hoc Heritage Committee Re: Considering the formation, charge, scope, and composition of an Ad Hoc Heritage Committee, to assist the City Council with the planning of celebrations and signage commemorating the 250th anniversary of the signing of the Declaration of Independence and the 100-year anniversary of the filing of the City of Porterville City Charter.

26. Consideration of the Establishment of a Downtown Porterville Committee Re: Considering the formation, charge, scope, and composition of a Downtown Porterville Committee, to serve in an advisory capacity to the City Council in matters pertaining to Downtown Porterville.

27. Consideration of Sponsorship of Porterville Girls Fastpitch Re: Consideration to approve a draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to Sponsor Porterville Girls Fastpitch.

City Council Agenda January 21, 2025

28. Consideration to Amend Athletic Field Use Policy
Re: Consideration to amend the city sports field use policy regarding fees.

29. Consideration of Employment Agreement Between the City of Porterville and Jason Ridenour
Re: Council consideration of the Employment Agreement Between the City of Porterville and Jason Ridenour for the position of Interim City Manager commencing December 31, 2024, with a monthly salary of $16,700.00.

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

1. Tule River Improvement JPA - January 6, 2025

2. Local Initiatives Navigation Center Committee (LINC) - January 8, 2025

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - January 9, 2025

4. Cannabis Committee - January 13, 2025

5. Mighty 190 Committee - January 13, 2025

6. Tulare County Task Force on Homelessness - January 15, 2025

7. Porterville Area Development Authority Meeting - January 17, 2025 (Cancelled)

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of February 4, 2024, at 5:30 p.m.

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

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

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: 1. Water Conservation Phase IV Status Update - December 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community.

As of October 1, 2024, the City transitioned from Phase III to Phase IV of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.

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

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for December 2024 show that four (4) notices of violations were issued for water waste, and one (1) administrative citation was issued.

Water production for December 2024 shows a seven percent (7%) decrease from the five-year average. The monthly production for December was 182 million gallons, which is a seven percent (7%) decrease compared to December 2013, when it was 194 million gallons.

Residential consumption for December 2024 was 66 gallons per capita per day (GPCD).

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

Porterville's cumulative total GPCD conservation through December 2024 is twenty-five percent (25%).

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year.

Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards. On July 3, 2024, the State Water Resources Control Board adopted Resolution No. 2024-0019 to make Conservation a California Way of Life. Making Conservation a California Way of Life is a new way of managing urban water use. The State Water Board will consider a regulation that establishes unique efficiency goals for each Urban Retail Water Supplier in California and provides those suppliers with flexibility to implement locally appropriate solutions. As part of the state’s all-of-the-above strategy to expand storage, develop new water supplies, and promote more efficient water use, this regulation seeks to cultivate long-term practices that help communities adapt to California's ongoing water challenges. The proposed regulation will lessen the need for the emergency water use reduction targets that were important in recent droughts. With this new resolution, it is a requirement to track indoor residential water use, which staff is currently in the process of implementing.

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

2. Monthly Production Status GPCD December 2024

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

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

0.00 25.00

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

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
Item No. 1.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Approval of Draft Minutes of December 17, 2024 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of December 17, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of December 17, 2024.

ATTACHMENTS: 1. Draft Minutes of December 17, 2024
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Yuliana Andrade, Administrative Services Director

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 17, 2024, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member AJ Rivas, Council Member Stan Green, Vice Mayor Ed McKervey, Mayor Greg Meister

Absent: Council Member Raymond Beltran

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-300-034. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.8 - Conference with Real Property Negotiators/Property: APNs: 53-160-064, 253-160-065, 253-160-069, 253-160-070, 261-125-018, 261-125-019, And 261-125-020. Agency Negotiator: Jason Ridenour. Under Negotiation: Terms and Price.
3 - Government Code Section 54957.6 – Conference with Labor Negotiators: Jason Ridenour and Yuliana Andrade. Employee Organization: Management and Confidential Series.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913. 5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to potential Plaintiffs.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 7 - Government Code Section 54957 - Public Employee Appointment/Employment:

Title: City Manager, Interim City Manager.
8 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: Mayor Greg Meister. Employee Organization: Unrepresented Management - Interim City Manager.

6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Manager Patrice Hildreth reported on reportable action pertaining to A-4, as follows:

A-4. On a MOTION made by Mayor Greg Meister, and SECONDED by Vice Mayor Ed McKervey the City Council unanimously approved a settlement agreement with Tulare County Regional Transit Agency (TCRTA), for TCRTA to repay a loan from the city and pay for services performed by the city for the total amount of $2,973,468.74.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 01-121724
Disposition: Approved.

The Pledge of Allegiance was led by Mayor Meister.

Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS
Employee of the Month - Aileen Calderon

ORAL COMMUNICATIONS
• Edith La Vonne, Porterville, addressed the City Council regarding the retirement of City Manager Patrice Hildreth and expressed that the council has much to learn. • Suzanna, Porterville, spoke about a violation of a city ordinance that she had encountered and expressed her hope that the City could assist her in resolving the issue.
• Taha Saleh, Porterville Chamber of Commerce, provided the council with the Porterville Chamber of Commerce updates.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - December 5, 2024 Commissioner Arlene Pena reported on several events, including the Youth Basketball League, Adult Flag Football League, Zalud House Candlelight Tours, Senior Christmas Luncheon, Christmas Home Decorating Contest, New Year's Eve Gala, and Virtual Bingo.

2. Library & Literacy Commission - December 10, 2024
Commissioner Edith La Vonne provided an update on participation statistics for various events held in November. These events included Virtual Story Time, the

Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring Your Game Day, the Young Adult Book Club, the Thousand Books Before Kindergarten Challenge, International Game Day, and several other activities.

3. Arts Commission – No report was provided.

4. Animal Control Commission – No report was provided.

5. Youth Commission - December 11, 2024
Commissioner Austin Muirhead stated that the commission has held several meetings to outline its goals and objectives for the upcoming year. These goals focus on environmental advocacy, self-care, support for local businesses, city preservation, and youth employment opportunities.

Commissioner Ezecute Leon mentioned that a potential goal of the commission is to adopt a section of the garden at the Zalud House. Other goals include creating an inspirational social media video for teens, supporting the local animal shelter, promoting youth employment programs, and organizing cleanup events. The commission also aims to volunteer and assist local businesses.

6. Transactions And Use Tax Oversight Committee (TUTOC) – No report was provided.

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - November 2024

CONSENT CALENDAR
Item No. 11 was pulled for further discussion at the request of Mayor Meister.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Council Member Greg Meister that the City Council approve Items Nos. 1- 10, and 12-15.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran

1. APPROVAL OF DRAFT MINUTES OF DECEMBER 3, 2024
Recommendation: That the Council approve the draft Minutes of December 3, 2024.

Documentation: M.O. 02-12172024
Disposition: Approved.

2. RATIFICATION OF EMERGENCY REPAIR OF POLICE DEPARTMENT

BOILER HEATING SYSTEM
Recommendation: That the City Council:

1. Adopt the draft resolution authorizing the appropriation not to exceed $9,384.67 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund for the repair of the Police Department HVAC unit; and

2. Authorize the payment of $4,078.17 from the Police Department’s Operating Budget; and

3. Approve the repair of the Police Department HVAC unit from Johnson Controls for $13,462.84.

Documentation: Resolution No. 90-2024
Disposition: Approved.

3. AUTHORIZATION FOR POLICE TRUCK ENGINE REPLACEMENT
Recommendation: That the City Council:

1. Authorize replacement of police truck engine by Merle Stone Chevrolet at a cost not to exceed $16,770.66 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 03-121724
Disposition: Approved.

4. AUTHORIZATION TO AWARD CONTRACTS - CITY POOL

IMPROVEMENTS PROJECT
Recommendation: That the City Council:

1. Award the City Pool Improvements Project to New Image Pool Interiors of Clovis and Advanced Concrete of Porterville for a combined total of $561,222;

2. Authorize a 10% contingency ($56,122) to cover unforeseen costs, quality control and inspection services;

3. Adopt the Resolution authorizing the additional appropriation of $53,344 from the General Fund Deferred Maintenance Reserve to fully fund the project.

Documentation: M.O. 04-121724, Resolution No. 91-2024
Disposition: Approved.

5. AUTHORIZATION TO PURCHASE A POLICE SERVICE DOG

Recommendation: That the City Council:

1. Approve the purchase of a police service dog and related training from Top Dog Training Center at the cost of $18,893.75; and

2. Authorize the Chief of Police to enter into an agreement with Top Dog Training Center to acquire the service dog and associated training.

Documentation: M.O. 05-121724
Disposition: Approved.

6. AUTHORIZATION TO PURCHASE SIDELOADER PIVOT ARM

ASSEMBLY
Recommendation: That the City Council:

1. Authorize the purchase of the side loader pivot arm assembly from One Source Parts at a cost not to exceed $5,769.98 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment upon receipt of parts.

Documentation: M.O. 06-121724
Disposition: Approved.

7. AUTHORIZATION TO PURCHASE REPLACEMENT PEDESTRIAN

GATES FOR CITY CORPORATION YARD
Recommendation: That the City Council:

1. Authorize the purchase and installation of replacement pedestrian gates from Outlaw Industries for a total amount not to exceed $47,255.10, inclusive of a 10% contingency to cover unforeseen expenses and applicable sales tax.; and

2.Authorize the Transportation Director to execute the purchase agreement.

Documentation: M.O. 07-121724
Disposition: Approved.

8. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE

TULARE COUNTY ASSOCIATION OF GOVERNMENTS (TCAG)

FOR COLLEGE OF THE SEQUOIAS (COS) STUDENT TRANSIT

SERVICES
Recommendation: That the City Council Authorize the City Manager to execute an agreement with the Tulare County Association of Governments

(TCAG) for the provision of transit services for College of the Sequoias (COS) students.

Documentation: M.O. 08-121724
Disposition: Approved.

9. AUTHORIZATION TO EXECUTE LANDSCAPE MAINTENANCE

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) FOR THE LANDSCAPE

SCREENING PROJECT
Recommendation: That the City Council:

1. Approve the Landscape Maintenance Agreement for the
Landscape Screening Project located within the State Highway right-of-way along State Route 190 and State Route 65 with the California Department of Transportation; and

2. Authorize the Mayor and City Manager to execute the draft Landscape Maintenance Agreement between the City of
Porterville and the California Department of Transportation.

Documentation: M.O. 09-121724
Disposition: Approved.

10. INTERAGENCY AGREEMENT - COMMUNITY CENTER PROJECT

FUNDING
Recommendation: That the City Council:

1. Authorize the Draft Interagency Agreement between the City of Porterville and the City Parks and Leisure Services Department; and

2. Authorize the Mayor to execute the Draft Interagency Agreement on behalf of the City; and

3. Authorize the Parks and Leisure Services Director to execute their portion of the Draft Interagency Agreement.

Documentation: M.O. 10-121724
Disposition: Approved.

12. REQUEST FOR APPROVAL TO APPLY FOR BUREAU OF
JUSTICE ASSISTANCE FY2024 EDWARD BYRNE MEMORIAL

JUSTICE ASSISTANCE GRANT AND PURCHASE OF FOUR

SURVEILLANCE POLE CAMERAS
Recommendation: That the City Council:

1. Approve the draft Resolution authorizing the filing of the FY2024 Edward Byrne Jag Grant application;

2. Authorize the Mayor and City Staff to sign all necessary grant documents;

3. Authorize a budget adjustment upon receipt of the funds; and

4. Authorize the purchase of (4) surveillance pole cameras from Crime Point, Inc for $50,650.63.

Documentation: Resolution No. 92-2024
Disposition: Approved.

13. RETIREMENT OF POLICE K9
Recommendation: That the City Council:

1. Approve the sale of K9 “Kaiser" to Sergeant Justin Ellestad for the amount of $1; and

2. Authorize the Mayor to execute the agreement and document the sale of K9 "Kaiser" to Sergeant Justin Ellestad.

Documentation: M.O. 12-121724
Disposition: Approved.

14. AMENDMENT TO THE PAY RATE SCHEDULE FOR SEASONAL

EMPLOYEES, PART-TIME EMPLOYEES, AND FULL-TIME

TRAINEE POSITIONS
Recommendation: That the City Council:

1. Adopt the draft Resolution amending the City's Employee Pay and Benefit Plan, Seasonal and Part-Time rates, and Full-Time Trainee Pay Ranges;

2. Approve the proposed updated Position Pay Plan; and

3.Authorize the Mayor to execute these and other documents necessary to implement the provisions hereof.

Documentation: Resolution No. 93-2024
Disposition: Approved.

15. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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

Documentation: M.O. 13-121724
Disposition: Approved.

PUBLIC HEARINGS

16. CONSIDERATION OF PORTERVILLE DEVELOPMENT

ORDINANCE TEXT AMENDMENTS
Recommendation: That the City Council:

1. Hold the noticed Public Hearing and consider the testimony provided; and

2. Consider whether to approve the draft ordinance, An Ordinance of the City Council of the City of Porterville Amending Series 200 and Series 300 of the Porterville Development Ordinance; and

3. If so approved, give first reading by title only, and order the Ordinance to print.

City Manager Hildreth introduced the item and Contract City Planner Jeff O'neal presented the staff report and pointed out that the proposed ordinance language states that Single Family Residence Zones would no longer be permitted in Multi-Family Zones, specifically RM-1, RM-2, and RM-3 zones. He asked the Council to consider allowing Single Family Residence Zones, but only as part of small lot subdivisions. These subdivisions would need to be developed in accordance with the density established in the general plan and the zoning ordinance.

Mayor Meister opened the Pubic Hearing at 7:09 p.m. and closed the Public Hearing at 7:09 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Council Member Greg Meister that the City Council approve the first reading of the ordinance as amended, being, AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING
SERIES 200, SERIES 300, AND SERIES 700 OF THE
PORTERVILLE DEVELOPMENT ORDINANCE, waive further
reading, and order the ordinance to print.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 14-121724
Disposition: Approved.

SCHEDULED MATTERS

17. AMERICAN RESCUE PLAN ACT (ARPA) FUNDING
Recommendation: That the City Council:

1. Authorize the Draft Interagency Agreement between the City of Porterville and the Finance Department;

2. Authorize the Mayor to execute the Draft Interagency Agreement on behalf of the City;

3. Authorize the Finance Director to execute their portion of the Draft Interagency Agreement;

4. Authorize the reallocation of $305,994 in American Rescue Plan Act Funds to fully fund the Porterville Navigation Center Expansion Project;

5. Authorize the reallocation of $94,006 in American Rescue Plan Act Funds to fund the Community Center and Park Project; and

6. Authorize the Finance Director to redirect any unspent funds from FY 2024/2025 ARPA budget to cover any budget overages for ARPA identified projects with the priority being the Navigation Center Expansion Project and/or the Community Center and Park Projects.

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

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council approve the draft Interagency Agreement between the City of Porterville and the Finance Department.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 15-121724
Disposition: Approved.

18. CONSIDERATION OF CANCELLATION OF JANUARY 7, 2025,

CITY COUNCIL MEETING
Recommendation: That the City Council provide direction to staff.

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

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Council Member AJ Rivas that the City Council approve the cancellation of the January 7, 2025 City Council Meeting.

AYES: Rivas, Green, McKervey, Meister
NOES: None

ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 16-121724
Disposition: Approved.

11. PORTERVILLE GIRLS FASTPITCH HAYES FIELD AGREEMENT

RENEWAL
Recommendation: That the City Council:

1. Authorize the renewal of the Facility Use Agreement between the City of Porterville and Porterville Girls Fastpitch; and

2. Authorize the Mayor to execute said agreement.

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

Mayor Meister announced that, as part of his new direction, he would like the city to reconsider the fees for field usage and the hourly charges for lights. Staff presented data outlining the costs associated with maintaining the fields.

Council Members Rivas and Green expressed their support for the City covering these fees and managing the maintenance of the fields.

Deputy City Manager Jason Ridenour noted that one potential option for the Council is to allocate $100,000 annually from the special purpose funds, which could be used to ensure the department is adequately funded for maintaining the facility.

Vice Mayor McKervey shared his experiences at Hayes Field and advocated for reducing the field usage fees. He also suggested that the City implement similar reductions for its other parks.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve the agreement; and direct staff to bring an item to the council at a future meeting, to review the field usage fees for sports fields in the city.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 17-121724
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center Committee (LINC) - December 4, 2024 Community Development Director Claudia Calderon shared an update on the Point in Time Count, noting that the LINC committee will not convene during December and January.

2. Tulare County Economic Development Corporation (TCEDC) - December 4, 2024
Deputy City Manager Jason Ridenour reported that a year-end update was given and indicated that the remaining discussion items were routine business matters.

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - December 5, 2024 Assistant City Manager Michael Knight provided an update on public comments, the approval of minutes, ratification of bills to be paid, and several action items.

4. Tulare County Association Of Governments (TCAG) - December 9, 2024 Mayor Meister reported on roundabout projects on State Route 190, including discussions about an overpass and roundabout at Plano.

ORAL COMMUNICATIONS
• Taha Saleh, Porterville, commended Mayor Meister for supporting the children but hopes the Council proceeds with caution in giving things away for free to avoid putting the City in a difficult financial position.
• Mike Wrangel, Porterville Girls Fast Pitch President, thanked the Council for their support and approval of the contract related to Item No. 11.

OTHER MATTERS
• Council Member Rivas addressed public comments about the city's costs for using Hayes Field.
• Council Member Green had no comments.
• Vice Mayor McKervey expressed his excitement about the Merry Christmas banner and spoke of his attendance at the Christmas parade. He also requested that an agenda item be included for a future meeting—date to be determined—to discuss safety and traffic concerns in the area of Lombardi School in the Brookside Subdivision.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve Vice Mayor McKerveys request to bring an item at a future meeting to discuss the safety and traffic in the area of Lombardi School (Brookside Subdivision).

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 18-121724

Disposition: Approved.
• Mayor Meister addressed public comments regarding the city's costs associated with using Hayes Field, noted that Huntington serves as a role model for a charter city, and expressed his appreciation for the Merry Christmas banner. Additionally, he requested that an agenda item be included to discuss the use of discretionary funds to sponsor the Porterville Girls Fast Pitch and the creation of a banner featuring the City Logo and the city motto "In God We Trust.", and for the item to be placed as a Scheduled Matter at the January 21, 2025, city council meeting.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member AJ Rivas that the City Council approve Mayor Meister’s request to bring an item at the next Council meeting to discuss using discretionary funds to sponsor the Porterville Girls Fast Pitch and the creation of a banner featuring the City Logo and the city motto “In God We Trust.”.

AYES: Rivas, Green. McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 19-121724
Disposition: Approved.

CLOSED SESSION
The Council reconvened into Closed Session at 7:57 p.m. and City Attorney Lew reported on reportable action pertaining to A-7, as follows:

A-7. On a MOTION made by Mayor Greg Meister, and SECONDED by Council Member AJ Rivas the City Council appointed Jason Ridenour to Interim City Manager.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 20-121724
Disposition: Approved.

ADJOURNMENT
The Council adjourned at 9:25 p.m. to the meeting of January 21, 2025 at 5:30 P.M.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

SEAL
Greg Meister, Mayor
CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Crime Prevention / Juvenile Diversion Police Vehicle Purchase SOURCE: Police
COMMENT: Each year, the Police Department finds it necessary to purchase vehicles to replace aging vehicles or needs in its fleet. As always, a careful evaluation is made of each particular vehicle to determine the actual need for replacement. In light of our commitment to strong budget fiscal management, this part of the Police Department’s vehicle replacement process is even more critical to ensure that a vehicle is not replaced only because it was scheduled to be replaced.

Many factors are considered in this process, such as the age of the vehicle, mileage, maintenance costs, uses of the vehicle, etc. A primary consideration is given to the safety of each vehicle. In addition, the evaluation includes examining the assignment of vehicles to determine if the reassignment of vehicles can increase overall efficiency.

The Police Department has recently completed this evaluation and determined that the Crime Prevention / Juvenile Diversion Unit needed a vehicle to accommodate its community outreach efforts and daily job duties. Staff is requesting that the City Council authorize the negotiation for the purchase of a suitable replacement vehicle up to a total cost of $65,000, which also includes upfitting of equipment for the vehicle.

Due to strong fiscal management and strategic contributions to our vehicle depreciation plan, the monies for the replacement vehicle have already been accumulated in the Equipment Replacement Fund or are allocated in approved department budgets. Due to the unique purchasing parameters, Staff is requesting a 10% contingency based on the total purchasing price.

In researching efficiency in combination with reliability, functionality, and continued fleet uniformity, staff has determined that a full-size pickup truck is the most viable option. Upon approval, staff will begin researching local dealerships to find a vehicle that meets the above-listed parameters for the department's use.

RECOMMENDATION: That the City Council:

1. Authorize staff to purchase one police vehicle and the related equipment for a total cost not to exceed $65,000 plus tax, license, fees, and ten percent (10%) contingency for the total purchase; and

2. Authorize payment to the respective vendor upon
satisfactory delivery of the vehicle.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Jason Ridenour, Interim City Manager
Item No. 3.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization to Purchase Hydraulic Pump and Control Manifold SOURCE: Public Works
COMMENT: Vehicle #6608, a 2020 Peterbilt Residential Refuse Truck, has experienced failure of the hydraulic pump and pump control manifold.

The hydraulic pump and pump control manifold are proprietary components that can only be purchased directly from the manufacturer.

This residential side loader has at least five years of expected service life remaining.

Staff is requesting authorization to purchase the part from One Source Parts, the truck manufacturer, as they are able to sell directly to the City.

The estimated cost of the pivot arm assembly is $8,974 (inclusive of all parts, taxes, freight, and a 10% contingency). Funding is available from the Solid Waste Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of the side loader hydraulic
pump and control manifold from One Source Parts at a cost not to exceed $8,974 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment upon receipt of repair materials.

ATTACHMENTS: 1. Estimate 6608
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

Item No. 4.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization to Purchase Two (2) Battery-Electric Shuttle Vans from Model 1
SOURCE: Public Works
COMMENT: The Transportation Department seeks City Council authorization to purchase two (2) battery-electric shuttle vans to support the City’s goals of transitioning to zero-emission transportation solutions and enhancing mobility services for our residents. These vehicles will bolster the City’s commitment to sustainability and service efficiency. The new batteryelectric shuttle vans will replace existing vans in the fleet that have reached the end of their useful life and are scheduled for disposal, ensuring the City maintains a reliable and modern transit fleet.

Staff reviewed proposals from two qualified vendors and determined that Model 1 offers the most competitive pricing while meeting the City’s specifications for zero-emission vehicles. The vans will be procured through the CalACT/MBTA Cooperative Purchasing Program under RFP #20-01, ensuring cost-effective and streamlined procurement in compliance with City and state procurement policies.

The two proposals received are detailed below:

Vendor Bid
Model 1 $243,869.77
AZ Bus Sales $253,165.62
Model 1’s proposal, with a total cost of $243,869.77, represents the most cost-effective option that meets the City’s requirements. AZ Bus Sales submitted a proposal for $253,165.62, which includes similar features but at a higher cost. Both vendors indicated an estimated delivery timeframe of 30 to 45 days after the issuance of a purchase order.

This project is funded 80% by the Federal Transit Administration (FTA) and 20% through Local Transportation Funds (LTF) as the local match.

The total project cost of $243,870 will be covered by $195,095 from the FTA and $48,774 from the LTF. These funding sources ensure that the project aligns with the City’s budgetary framework and its goals for Item No. 4.
modernizing the transit fleet with zero-emission vehicles.

RECOMMENDATION: That the City Council:

1. Approve the purchase of two (2) battery-electric shuttle vans from Model 1 under the CalACT/Basin Transit
Cooperative Purchasing Agreement, RFP #20-01, for a total amount not to exceed $243,870; and

2. Authorize staff to coordinate with Model 1 on delivery schedules, warranty provisions, and any training
requirements to ensure successful integration into the
transit fleet.

ATTACHMENTS: 1. Model 1 Quote

2. AZ Quote
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Vehicle Type: Date:

Contact: Type of Lift:

Agency: Seat Material:

Address: Seat Color:

City, State, Zip: Floor Color :

Phone: Delivery:

E‐Mail: Salesperson:

NOTE:

Quantity: Price Ext. Price ADA
1 $101,767.48 $101,767.48 $9,800.00
1 9,756.50 9,756.50 9,756.50
.

NOTE: Class V ‐ Base Price $101,767.88
Published Options $9,756.50
UnPublished Options $0.00
Total $111,524.38 $19,556.50
Doc Prep Fee $85.00
. The Non‐Taxable Amount is the ADA Equipment in the Base and Added as Options Non‐Taxable $19,556.50 . The Taxable Amount Includes the Mobility Rebate of $1,000.00 For Ford Chassis Taxable Amount $93,052.88 . 1274 Tax Total $8,607.39 9.250%
. Sub‐Total $120,216.77
. CalACT Fee $1,672.87
. DMV E‐File Fee: $33.00
DMV Fee $0.00 (Estimated)
. Tire Fee $12.25
. Total $121,934.89
Number of Units 2
Final Total $243,869.77
30‐45 Days from PO (In Stock)
[email protected] Mike Farr
Description
Published Options

PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES.                              PLEASE

CONTACT YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE OF PURCHASE ORDER.

CalACT MBTA RFP #20‐01 ‐ Class Z ‐ Quote Sheet
Class Z1  ‐ Z‐1 E‐Transit     8 Passenger 1 W/C 12/19/2024 Vinyl (If Available)
291 North Main Street Black (If Available)
City of Porterville
Purchasing of vehicles requires a CALACT membership, letter of assignment, and payment of procurement fee.  If you have any questions, please contact CALACT direct at 916‐920‐8018
Albert Barragan
Porterville, CA 93257 Grey
559‐713‐8481

PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES.

PLEASE CONTACT YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE OF PURCHASE ORDER.

Class Z1 ‐ Z‐1 E‐Transit (Basic) 109" Hiroof EL W3X 148" WB 6+copilot, driver and WC 84 ‐ WC Lift installed behind curbside rear axle
Braun Side Rear
1 1
1 1 1 Wheelchair On 148"-EL Wheel Base - High Roof Cargo Van FALSE FALSE 1 AMF Bruns Smartfloor System
8 Single Seats On Fixed Legs (Use Seat Option Below If Needed) # Of Street Side Belts # CRS Option 1 Retractable Shoulder Harness With Height Adjustment (Each) TRUE FALSE 1 4
1 Stainless Steel Assist Pole At Right Entry Options:
1 Stainless Steel Assist Pole At Left Entry Options:
1 1
1 1
1 1
1 1
1 1
1 E-Transit Twin Air Tie-In Heat/Cool Floor Mount - 28K BTU Heat/31K BTU Cool Bodily Fluid Clean Up Kit
Safety Kit Includes: 5lb Fire Extinguisher, First Aid Kit, Triangle Reflectors Insulate Doors
Insulate Walls
Insulate Headliner
Removeable
Tiedown Web Loop (1 Loop)
Tiedown Storage Pouch Mounted On Sidewall (Holds 1 Set Of Tiedowns) Sliding Door 8" Stainless Steel Board
Driver Door 8" Stainless Steel Board
Co-Pilot Door 8" Stainless Steel Board
Description Chassis
W3X-E
Ford Factory Ordered Transit Chassis
Engine
Electric Motor
Color
2023 E-Transit T-350 Van High Roof 148EL Sliding Door 9,500# GVWR Oxford White Qstraint torso belt
Belt Cutter
Add Ret. Lap Belts

PRICE PROPOSAL

IMAGES & FLOORPLAN
Warranty Miles Years
Body Structure 150,000 5
Chassis 36,000 3
Drive Motor 100,000 8
Transmission N/A N/A
Air conditioner Air conditioner 36000
Lift/Ramp Unlimited 5
EV Battery 100,000 8
EV Conversion/Installation N/A ‐ Ford OEM N/A ‐ Ford OEM Battery Degradation Warranty 100,000 8
Propulsion Control System 100,000 8
Axles 60,000 5
MBTA CalACT Cooperative
Quote Date 11/23/2024
291 N. Main Street County: Tulare Expires 2025 Mid Roof Porterville Zip Code: 93257 Roof design Mid-Roof Height Albert Barragan Office Phone: Ford FIN code required
[email protected] Cell Phone: 408-393-0720
Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 12/11/2024 QTY Contract Price
NOR CAL VAN/DRIVERGE , TYPE Z1-E, Ford Transit 350MR W9C 1 Nor Cal Van
1 Sub-Total Base Unit $ 114,960.00

PUBLISHED OPTIONS
1 Delivery Zone 3 $ 1,232.00 1,232.00
2 Go-ES Single Seat ( for a total of 5 passenger) $ 1,184.00 2,368.00 1 $ 80.00 80.00
1 Sub-Total Published Options 3,680.00

NON PUBLISHED OPTIONS
1 250.00 250.00
2 80.00 160.00
1 448.00 448.00
1 225.00 225.00
1 775.00 775.00
1 850.00 850.00
1 Sub-Total Non-Published Options 2,708.00

SUMMARY

SPECIFICATION SUMMARY
1 Model Year 2025 Model Make: Nor Cal Van/Driverge Wheelchair Lift Model: Braun 1 Type: Ford E-Transit 350 MR Chassis: Ford E-Transit 350 MR Wheelchair Lift Location Shift N Step-side 1 Passenger Capacity: 5 seated, 1 wheelchair Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: Ford OEM Charcoal Vinyl Engine: Electric Battery Capacity 89 kWh 1 Air Conditioning System: FORD OEM GVWR: 9,500 Tie Down Type 8100 series 1 Exterior Color/Graphics: White with Porterville graphics Body Length: 19.5 ft Estimated Delivery: Aug-25 Storage Box in lieu of Co-Pilot Seat
Contact:

Chassis, Ford E-Transit 148' W/B"
Email Address:

Sales Representative
Option Description
Ford E-Transit 350 MR
Document Fees, DMV
Privacy Tint on side windows
Vertical Stanchion pole in storage box.

RFP #20-01
Customer: City of Porterville
Address:

City
Tablet Holder GPS LockBox, Porterville to provide actual tablet Power Supply 12V routed to Storage Box
Acess panels in roof interior for future antenna mounting MBTA CalACT Cooperative
Quote Date 11/23/2024
291 N. Main Street County: Tulare Expires 2025 Mid Roof Porterville Zip Code: 93257 Roof design Mid-Roof Height Albert Barragan Office Phone: Ford FIN code required
[email protected] Cell Phone: 408-393-0720
Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 12/11/2024 QTY Contract Price
Contact:

Email Address:

Sales Representative
Option Description
RFP #20-01
Customer: City of Porterville
Address:

City

SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford E-Transit Body Code W9C Mid Roof 235/65R16
1 Ford E-Transit XL Cargo with Driverge Interior E-Transit Electric Motor 1 Shift-N-Step, Braun Century 800 lb rating 148" Wheelbase 1 Smart floor interior tracking for seats and w/c's 1-Speed Motor w/ Electric rear Axle 1 Headroom Height Interior, 67" 9,500 lb GVWR
1 Exterior Height 99" Rear Axle: Single Tires.
1 Overall Length 235.5" OEM Ford Air Conditioning &Heat, with Tie-In Rear AC & Heat 1 Laminated Side windows in Passenger area (92A) AM FM Stereo 1 Altro Flooring Reverse Backing camera

CONTRACT PRICING SUMMARY
1 Base Unit as Specified 114,960.00
1 Published Options 3,680.00
1 Non-Published Options 2,708.00
1 Total of Base unit plus options 121,348.00
1 Mobility Aid Rebate shown for tax purposes 1,000.00 reversed below 1 ADA non-taxable Portion 43,372.00
1 Taxable amount on which tax is collected 78,976.00
1 Sales Tax on taxable amount 3,405.84 4.313% Porterville 1 CalACT MBTA Fee of 1.5% on the subtotal 1,820.22
1 State Tire Tax 8.75
1 Mobility Aid reduction (1,000.00) reversal from above 1 Sub total 126,582.81 All lines item shown in bold text 1 Total 126,582.81
1 Qty 2
1 Grand Total 253,165.62
Sales tax rate is
based on special
zero emission
reduction of normal
tax rate less 3.9375
This program will
need to still be in
place at the time of
delivery to be
allowed.
1 Signature Signature Date
Print Name
City of Porterville

COMPANY/AGENCY
Clay Hartman, A-Z Bus Sales, Inc
Print Name
Clay Hartman 12/11/2024
Item No. 5.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization for Transit Bus Engine Repair
SOURCE: Public Works
COMMENT: Vehicle No. 8193 is an active transit bus that has experienced significant engine failure and requires an engine overhaul. This vehicle is powered by a Cummins compressed natural gas (CNG) engine and must be repaired by a certified CNG service center. The bus has approximately three years of remaining active service life, and its service is necessary for the transition to electrification of the City's Transit fleet.

Staff is requesting authorization to utilize E. M. Tharp, which is the nearest Cummins CNG engine service center, to perform the required engine overhaul at an estimated cost not to exceed $27,310 (inclusive of all parts, taxes, and labor, and a 10% contingency). The cost of the repairs are available in the Transit Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize transit bus engine repair by E. M. Tharp at a cost not to exceed $27,310 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Estimate #8193
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Golden State Peterbilt - Porterville
15243 Road 192 Porterville, California 93257
Phone: (559) 782-5800
Case Number: 16875841
Repair Order Number: 14468
Purchase Order Number: N/A
Service Advisor: PVSERVICE, **PVSERVICE - Case Date 2024-12-27 14:02:14 -0800 ETR: 2/5/2025 at 02:49 pm PST
Customer: City Of Porterville Unit Number: 8193
Address: 291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Phone: (559) 782-7456
Fax: N/A
Customer Number: 2992
Asset: 2015 Eldorado BUS
Serial Number: FC084057
VIN: 1N9MNALG6FC084057
Engine: ISL GAS (ADDED)
Engine Hours: 7357
Odometer: 76848 Miles
Warranty Start: 07/13/2015 12:00:00
In Service: 9 Years 6 Months
1 Miscellaneous Repair
Quantity Price Totals
Labor: 0 $0.00
Additional Charges: Shop Sup, Shop Supplies n/a $48.75 $48.75 HAZ, Hazardous Waste Fee n/a $25.00 $25.00
Additional Charges Total $73.75
Operation Total: $73.75
2 Engine Repair
Complaint: CUSTOMER STATES CEL, POSSIBLY NEED TO CHECK THE EGR COOLER AND COMPRESSION.

Quantity Price Totals
Labor: 2 $390.00
Additional Charges: Shop Sup, Shop Supplies n/a $39.00 $39.00 Operation Total: $429.00
3 Engine Repair
Complaint: ENGINE OVERHAUL
Quantity Price Totals
Labor: 60 $11,700.00
Parts: SET,MAIN BEARING (STD) 1.0 $384.73 $384.73
KIT,EXH RCN COOLER 1.0 $2,018.86 $2,018.86
ELC 50/50 RED 12.0 $9.71 $116.52
Brakleen 12.0 $3.84 $46.08
KIT,OVERHAUL 1.0 $4,059.18 $4,059.18
EXTENSION,IGNITION COIL 6.0 $137.71 $826.26
COIL,IGNITION 6.0 $242.66 $1,455.96
FLEETRITE SHOP TOWEL BOX 1.0 $13.39 $13.39
SCREW,HEX FLANGE HEAD CAP 12.0 $11.18 $134.16
Golden State Peterbilt - Porterville ESTIMATE VERSION 1 - POSTED TO FLEET Updated at: 2025-01-07 13:53:06 -0800

ESTIMATE VERSION 1 - POSTED TO FLEET
Updated at: 2025-01-07 13:53:06 -0800

ESTIMATE
SCREW,FRACTURE RESISTANT 14.0 $13.23 $185.22
SCREW,HEX FLANGE HEAD CAP 14.0 $9.88 $138.32
Shim 6.0 $37.66 $225.96
Parts Total $9,604.64
Operation Total: $21,304.64
4 Engine Repair
Complaint: CUT BLOCK
Quantity Price Totals
Labor: 8 $1,560.00
Operation Total: $1,560.00
Parts
Labor
HAZ
Shop Sup
Shop Supplies
Haz. Waste
Taxes
Total
$9,604.64
$13,650.00
$25.00
$87.75
$500.00
$25.00
$934.68
$24,827.07
This estimate is subject to teardown and inspection and is valid for 30 days from date above. I, the undersigned, authorize you to perform the repairs and furnish the necessary materials. I understand any costs verbally quoted are an estimate only and not binding. Your employees may operate vehicle for inspecting, testing and delivery at my risk. You will not be responsible for loss or damage to vehicle or articles left in it. AUTHORIZED BY:_________________________ DATE:___/____/____ Golden State Peterbilt - Porterville ESTIMATE VERSION 1 - POSTED TO FLEET Updated at: 2025-01-07 13:53:06 -0800

ESTIMATE VERSION 1 - POSTED TO FLEET
Updated at: 2025-01-07 13:53:06 -0800

ESTIMATE
Golden State Peterbilt - Porterville
Customer: City Of Porterville
Case Number: 16875841
Unit Number: 8193
Asset: 2015 Eldorado BUS
VIN: 1N9MNALG6FC084057
Item No. 6.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of Purchase and Sale Agreement with Del Oro Water Company for acquiring the Grandview Gardens and East Plano water systems.

SOURCE: Public Works
COMMENT: The City of Porterville has been working closely with the State Water Resources Control Board (Water Board) to consolidate the Grandview Gardens and East Plano water systems, operated by Del Oro Water Company, into the City’s municipal water utility. This action is part of a broader initiative to improve water quality and ensure reliable service to residents.

Preliminary funding of $8,123,000 has been awarded under the Expedited Drinking Water Grant Program (EDWG) to support planning, design, and construction activities for this project. The Purchase and Sale Agreement, which sets forth the terms for acquiring these systems, ensures that the City can move forward with consolidation efforts efficiently and cost-effectively.

The Grandview Gardens and East Plano water systems have faced ongoing challenges, including water quality issues and infrastructure deficiencies. In response, the Water Board has prioritized the consolidation into the City of Porterville’s water system.

Key milestones in this effort include the annexation of Grandview Gardens into the City in April 2015 (Resolution No. 38-2015), preliminary funding approval from the Water Board for $8,123,000 on May 8, 2023, and preparation of the Purchase and Sale Agreement, outlining terms for transferring ownership of the systems to the City. The City’s acquisition will enable critical infrastructure improvements, including replacing distribution mains, installing fire hydrants and water meters, and decommissioning three substandard wells.

The proposed Purchase and Sale Agreement establishes the City’s ownership of the Grandview Gardens and East Plano systems. It details a purchase price of $301,000, eligible for reimbursement under the EDWG Program. It includes the transfer of water supply permits and infrastructure to the City prior to construction activities and responsibilities for system improvements to meet municipal standards.

Item No. 6.

The consolidation will benefit approximately 99 parcels within the service boundaries and align with the City’s Urban Development Boundary policies. Additionally, the project will support the City’s long-term objectives of ensuring safe, sustainable water service for all residents.

The EDWG funding program will fully cover the project’s $8,123,000 cost, contingent upon executing the funding agreement and compliance with program guidelines. At the time of the preparation of this report, Del Oro Water Company raised issues concerning the accounts receivable and potential claims Del Oro may assert related to costs incurred and not yet recovered via customer billings for past capital improvements.

Given the need to expedite this project, staff is requesting that the City Council authorize approval of this Agreement contingent on satisfactory cost and claims information being provided to the City by Del Oro prior to execution of this Agreement and closing of escrow, and minor clarifications to the terms reflecting the responsibilities of the parties. If these claims result in a price or cost increase that exceeds the appraised amount deemed reimbursable by the State Water Boards, the Agreement will be brought back for further consideration by the City Council
RECOMMENDATION: That the Council:

1. Consider and approve the Purchase and Sale Agreement between the City of Porterville and Del Oro Water Company for the acquisition of the Grandview Gardens and East
Plano water systems for a purchase price of $301,000,
provided Del Oro has submitted satisfactory detailed
information concerning additional receivables and
associated claims amounting to cost or price increase
deemed reimbursable by State Water Boards, and provided any needed clarifications to address this issue are
satisfactory to the Assistant City Manager and City Attorney

2. Authorizes the Mayor or designee, the Assistant City Manager, and/or the Public Works Director to execute the Purchase and Sale Agreement and any necessary
documents related to the acquisition, subject to review and approval as to form by the City Attorney;

3. Authorizes the Mayor or designee, the Assistant City Manager, and/or the Public Works Director to take all
actions necessary to comply with the terms and conditions of Agreement No. D2202050 with the Water Board,
including but not limited to environmental compliance,
engineering design, and construction activities; and

4. Directs the City Clerk to certify the adoption of this Resolution and ensure that it is entered into the official records of the City.

Item No. 6.

ATTACHMENTS: 1. Location Map

2. Del Oro Water System Purchase and Sale Agreement

3. Draft Resolution

4. Staff Report May 2023 Authorization to Apply and
Receive Financing for the Consolidation of Del Oro
Water Company

5. State Water Board Agreement-D2202050

6. Resolution No. 74-2014

7. Resolution No. 75-2014

8. Resolution No. 38-2015
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
AnnexaƟon 474
Del Oro Project Area
Grandview Gardens
Del Oro Water Company
Water ConsolidaƟon Project Area
LocaƟon Map
Del Oro Project Area
East Plano “Paul Street”

Purchase and Sale Agreement of Del Oro Tulare District Water Systems to the City of Porterville
THIS AGREEMENT, effective as of ______________ (the "Effective Date"), is entered into by and between the City of Porterville (City), California, a municipal corporation, (“City” or “Buyer”), and Del Oro Water Company, a California corporation (“Del Oro” or “Seller”).

RECITALS
WHEREAS, Del Oro owns and operates two investor-owned water supply systems (formerly known as Grandview and East Plano) in the vicinity of the City of Porterville, California now known as the Tulare District, (the “Water Systems” as more specifically defined below in subsection 1.1), located in Porterville, California; WHEREAS, City is a municipal corporation and operates a water utility providing water service to the citizens of the City of Porterville, California.

WHEREAS, City desires to acquire the Water Systems, but seeks to acquire the Water Systems without the exercise of its power of eminent domain; WHEREAS, Del Oro agrees to sell, and City agrees to purchase, the Water Systems, including wells, plant and equipment, contracts and contract rights, franchise rights, easement rights, and real property rights, and excluding certain liabilities associated therewith, as more specifically set forth in Exhibit A and subject to the terms and conditions set forth herein;
WHEREAS, Del Oro agrees to sell, and City agrees to purchase, certain pieces or parcels of land owned by Del Oro in the vicinity of the City of Porterville, California, which parcels are assets of the Water Systems used in its operation, together with improvements and appurtenances located thereon (collectively, the “Properties”), as specifically set forth in Exhibit B and subject to the terms and conditions set forth herein; WHEREAS, the State Water Resources Control Board and the City have entered into Funding Agreement No. D22-02050 through the Expedited Drinking Water Grant (EDWG) Program for the consolidation of the Water Systems with the City of Porterville (the “Project”);
WHEREAS, the Project involves the consolidation of the Water Systems with the City’s municipal water supply, including the replacement of existing distribution mains, the installation of fire hydrants, isolation valves, water meters, and appurtenances, and the decommissioning of existing wells and related facilities;

AND WHEREAS, the City will manage and oversee all aspects of construction of the Project after closing, ensuring compliance with all applicable standards including those set forth in Grant Agreement D22-02050.

NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, Del Oro and City do represent, warrant, covenant and agree as follows:

1. SALE AND PURCHASE OF CERTAIN ASSETS, RIGHTS AND PRIVILEGES

1.1. Sale and Transfer.

Subject to the terms and conditions of this Agreement, on the Closing Date (as hereinafter defined in Section 1.4) Del Oro agrees to grant, sell, assign, transfer and deliver to City, and City agrees to purchase the Water Systems and Properties (collectively the “Systems Assets”) from Del Oro as follows:

1. Pursuant to appropriate deeds or grants of easements, marketable title to the Properties, free and clear of any liens and encumbrances of any sort, other than those specifically accepted by City in writing, together with the improvements and appurtenances located thereon, being those certain pieces or parcels of land set forth on Exhibit B, attached hereto;

2. All assets of Del Oro pertaining to the operation of the Water Systems located in the vicinity of the City, including, without limitation, the complete and operating Water Systems shown on the map attached hereto as Exhibit C, being
(a) wells, transmission and distribution mains, reservoirs, tanks and standpipes, pumps and pumping stations, hydrants, and personal property described in Exhibit A, and those acquired subsequent to the Effective Date;
(b) all of Del Oro’s right, title and interest in and to the curb stops and serviceconnections (to the extent curb stops and service connections may be owned by Del Oro) which pertain to the operation of the Water Systems;
(c) any and all franchise rights and exclusive service area grants and/or agreements relating to the operation of all or any portion of the Water Systems;
(d) to the extent available and in the possession of Del Oro, all documents, reports, maps, and customer records pertaining to the Water Systems, including, but not limited to, all engineering, laboratory and operating reports, customer service records, including fixture surveys, property maps, distribution maps, gate drawings, main laying specifications and tap and service cards; and

(e) all uncollected customer accounts receivable for the Water Systems which were first invoiced by Del Oro no earlier than 90 days prior to the Closing Date (the “A/R”), which shall be reflected on an Exhibit delivered by Del Oro to City on the business day immediately preceding the Closing Date which Exhibit shall be reasonably acceptable to City (the “A/R List”), which A/R shall be collected by City on and after the Closing Date.

3. Except as expressly provided otherwise herein, assets conveyed shall not include Del Oro’s cash; bank deposits; accounts receivable; refunds; rebates; returns; and insurance proceeds relating (i) to damage that has been repaired in accordance with the standards set forth in this Agreement prior to the Closing Date, or (ii) to claims or liabilities retained by Del Oro, if any.

4. Transfer of the Systems’ Assets and Del Oro’s domestic water supply permits for the Water Systems to the City will occur prior to any bid solicitation and construction activities to ensure the City has full operational control and ownership of the Systems’ Assets prior to commencement of the Project. Upon completion of the Project, the City will surrender these domestic water supply permits.

It is expressly understood that City will (i) purchase only the Systems’ Assets relating to operation of the Water Systems and located in/around the City of Porterville, (ii) acquire title to only those Properties denoted as such on Exhibit B, (iii) receive as part of the Water Systems Assets all materials, supplies, prepayments, and customer deposits, if any, relating to the Water Systems, and (iv) not assume or otherwise be responsible for any accounts payable, outstanding debt, taxes accrued, accrued interest, tax collections payable, deferred credits, or accumulated deferred income taxes of Del Oro having occurred prior to the Closing Date.

1.2. No Liabilities to be Assumed.

City shall assume no liabilities or obligations of Del Oro whatsoever in connection with the sale of the (Systems’) Assets provided for in this Agreement, whether accrued, contingent or other, incurred prior to the Closing Date, or arising from the activities of Del Oro prior thereto, excepting only any obligations of Del Oro expressly assumed by City under any lease, contract, agreement or similar document which is assigned to City on and as of the Closing Date, and specified in Exhibit D hereto. For the avoidance of doubt, except as otherwise set forth herein, City shall not assume any liabilities or obligations under the agreements listed in Exhibit D hereto that accrue prior to the Closing Date, all of which liabilities and obligations shall remain solely the responsibility of Del Oro.

1.3. Review of Documentation.

(a) Within ten (10) days following the date of execution of this Agreement, Del Oro shall provide City proper legal descriptions and copies of any available surveys for the real property or the interests therein being transferred pursuant to this Agreement. Within ten (10) days following receipt of such descriptions, City shall provide Del Oro with a list of title defects, liens or encumbrances that are objectionable to City in its sole discretion. If Del Oro cannot remove such defects, liens or encumbrances within ten (10) days following such notice, City shall have the right to terminate this Agreement with no further obligations hereunder.

1.4. Closing Date.

The transactions provided for in this Agreement shall take place on the “Closing Date”, which shall be 14 days following the issuance of all necessary governmental approvals of this transaction, including all necessary approvals and authorizations of the California Public Utilities Commission ("CPUC").Note CPUC’s authorization to follow the close of escrow. If the Closing Date is delayed because necessary governmental approvals are not yet obtained, the Closing Date may be extended by mutual agreement of City and Del Oro, subject to the approval of the State Water Resources Control Board. Following issuance of CPUC’s approval, Del Oro shall promptly provide a copy of the approval to the State Water Resources Control Board within 5 days of receipt. On the Closing Date, Del Oro will transfer and deliver to City control of the Water Systems and Del Oro will deliver to City all such assignments and instruments of conveyance and transfer as shall be necessary to transfer to and vest in City good and marketable title in and to all of the Water Systems and Properties free and clear of all liens and encumbrances other than those liens and encumbrances described on the legal descriptions provided by Del Oro pursuant to this Agreement. At the request of City after the Closing Date, Del Oro, or its successor in interest, will execute and deliver any such further instruments of conveyance and transfer or confirmation thereof and will take such other action as may reasonably be requested by City in order further to make effective and to assure the transfers of Systems’ Assets and vesting of title as provided for by this Agreement. 2 PURCHASE PRICE AND MANNER OF PAYMENT

2.1 Purchase Price.

The Purchase Price to be paid by City for the Systems’ Assets is $301,000.00 (“Purchase Price”). Any adjustments to the Purchase Price shall require the mutual written consent of both parties and shall be limited to costs directly attributable to the physical conveyance of assets as outlined in this Agreement (e.g., deed transfers, resolution of liens), incurred by Seller between the Effective Date of this Agreement and the Closing Date. The City intends to seek reimbursement for any adjustments to the Purchase Price under Funding Agreement No. D22-02050, and any adjustments shall only take effect if such reimbursement is approved. All amounts due to and collected by Del Oro after the execution of this Agreement and through the Closing Date are revenue to Del Oro as referenced in Paragraph 1.1.3 and the City makes no claim to any of those amounts. The transfer of ownership will be coordinated with the end/beginning of the billing cycle to

minimize service and payment disruption to the parties and applicable customers. The State Water Resources Control Board has determined that the Purchase Price of $301,000.00 is eligible for reimbursement under Funding Agreement No. D22-02050 if the requirements of that agreement are met.

2.2 Manner of Payment.

The Purchase Price specified in Section 2.1 hereof shall be paid on the Closing Date by City by wire transfer to Del Oro, in accordance with wire instructions provided by Del Oro or Del Oro’s counsel at least ten (10) business days prior to the Closing Date. No payments shall be due if this Agreement is terminated prior to the Closing Date. 3 REPRESENTATIONS AND WARRANTIES OF DEL ORO
Del Oro hereby represents and warrants as follows:

3.1 Organization and Good Standing of Del Oro; Status of Del Oro.

Del Oro is an investor owned utility duly organized, validly existing and in good standing under the laws of the State of California, is legally authorized to sell and distribute water in/around the portions of the City of Porterville, California, in which it presently sells and distributes water through the Water Systems and has all other requisite power and authority and all necessary licenses and permits to own, lease or operate the Systems’ Assets and to operate its water utility through the Water Systems as it is now being operated. Del Oro owns all the Systems’ Assets (including but not limited to the Properties), has the power and authority to execute, deliver and perform the terms and provisions of the Agreement, and is not, and will not be, under any receivership, impediment, or prohibition imposed by any court, regulatory commission, board, administrative body, arbitration board or tribunal or other federal, state or municipal government agency that would render Del Oro unable to enter into or carry out any provision of this Agreement.

3.2 Title to Properties: Use of Water.

Del Oro has good and marketable title to all of the Systems’ Assets, each as referred to in Section 1.1 of this Agreement, and the Systems’ Assets are or will be on the Closing Date free and clear of all mortgages, liens, pledges, security interests, restrictions on transfer, claims or encumbrances of any nature whatsoever (collectively, “Liens”), and no other assets or property interests are necessary or appropriate for the proper conduct and operation of Del Oro’s water supply business in the Water Systems and the distribution and delivery of water to each water customer in the Water Systems. Del Oro has the right to use the water it is now using in the manner in which it is using such water in the Water Systems. With respect to the Water Systems, all water supply sources, pump stations, and storage facilities are located on the Properties which are owned by Del Oro in fee simple or to which Del Oro has valid easements. To the best of Del Oro’s knowledge and except as otherwise disclosed to City in writing, all mains and service connections are located on

real estate owned by Del Oro in fee simple, within the public rights-of-way, or within appropriate permanent easements of record in favor of Del Oro, and all services to customer premises from mains are located entirely on such customers’ premises, on public rights-of-way or on property owned by Del Oro in fee simple.

3.3 Location and Use of Assets.

The location and present use of the Systems’ Assets conform to all zoning, building, building line, and similar restrictions, or Del Oro has obtained the necessary variances or the same are legally non-conforming under the appropriate law and regulations. The Systems’ Assets are located in/adjacent to the City of Porterville, California. The Water Systems’ maps attached hereto as Exhibit C, show the land, wells, transmission and distribution mains, reservoirs and standpipes, and pumps and pumping stations of the Water Systems, are, to the best of Del Oro’s knowledge and belief, accurate in all material respects.

3.4 Absence of Defaults.

The execution and delivery of this Agreement does not, and will not, (a) violate, conflict with or result in the breach or termination of, or constitute a default under the terms of, any agreement or instrument to which Del Oro is a party or by which it or any of the (Systems’) Assets may be bound; (b) result in the creation of any lien, charge or encumbrance upon the Systems’ Assets pursuant to the terms of any such agreement or instrument; (c) violate any judgment, order, injunction, decree, license, permit, award, rule or regulation against, or binding upon, Del Oro or upon the Systems’ Assets; or (d) constitute a violation by Del Oro of any law or regulation of any jurisdiction, as such law or regulation relates to Del Oro, the Water Systems or the Systems’ Assets. Del Oro has obtained, or will make a good faith effort to obtain, all consents, releases or waivers from Governmental Authorities and third parties which may be necessary to avoid the prevention of the execution of this Agreement or the consummation of the transactions contemplated herein.

To the best of Del Oro’s knowledge, there are no actions, suits, proceedings or governmental investigations pending (except for SWB Compliance Order No. 03-12- 15R-004) or, insofar as is known to Del Oro, in prospect or threatened, against or relating to Del Oro in its capacity as owner and operator of the Water Systems and the Properties, the Systems’ Assets or the transactions contemplated by this Agreement in or before any court, regulatory commission, board, administrative body, arbitration board or tribunal or other federal, state or municipal government instrumentality. To the best of Del Oro’s knowledge the Water Systems, and Del Oro in its capacity as owner and operator of the Water Systems and the Properties, are not subject to or in violation of any judgment, order, decree, injunction or award of any court, regulatory commission, board, administrative body, arbitration board or tribunal or other federal, state (except for SWB Compliance Order No. 03-12-15R-004) or municipal government instrumentality entered in any proceeding to which they were a party or of which they had knowledge. No proceedings are pending or, to the knowledge of Del Oro, threatened against the rates now being charged by Del Oro to the customers using the Water Systems.

3.5 Contracts; Liabilities.

All contracts, agreements, leases, instruments, and documents are valid and in full force and effect, and, to the best of Del Oro’s knowledge, no other party to any such contract, agreement, lease, instrument or document has breached any material provision of, or is in default in any material respect under the terms of any such contract, agreement, lease, instrument or document. To the best of Del Oro’s knowledge, no contract, agreement, lease, instrument or document of Del Oro will be transferred to City (except for SWB Compliance Order No. 03-12-15R-004). Should it be necessary to transfer any other agreement, lease, instrument and document, such instrument may be transferred by Del Oro to City pursuant to this Agreement with the confirmed written consent of the other party(ies), in a form reasonably satisfactory to City.

3.6 No Brokers.

All negotiations relative to this Agreement have been carried out by Del Oro directly with City, without the intervention of any person as a result of any act of Del Oro in such manner as to give rise to any valid claim against any of the parties hereto for a brokerage commission, finder’s fee or other like payment.

3.7 Compliance with Laws; No Environmental Hazards.

3.7.1 Del Oro represents that the location and construction, occupancy, operation and use of the Water Systems and Properties do not violate any applicable law, statute, ordinance, rule, regulation, policy, order (except for SWB Compliance Order No.03-12-15R-004) or determination of any Governmental Authority or any restrictive covenant or deed restriction affecting any portion of the Water Systems, including without limitation, any applicable health, environmental, rates, utility, water quality (except for SWB Compliance Order No. 03-12-15R-004), antitrust, collective bargaining, safety, payment of withholding and social security taxes, zoning ordinances and building codes, flood and disaster laws, rules and regulations (hereinafter collectively called the “Applicable Laws”).

3.7.2 Without in any way limiting the generality of subsection

3.7.1 above, neither any of the Systems’ Assets nor Del Oro are the subject of any pending or, to the best of Del Oro’s knowledge, threatened investigation or inquiry by any Governmental Authority (except for SWB Compliance Order No. 03-12-15R-004), or are subject to any known remedial obligations under any Applicable Laws pertaining to health or the environment, including, without limitation, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (“CERCLA”), the Resource Conservation Recovery Act of 1987, as amended (“RCRA”), the Safe Drinking Water Act, as amended (“SDWA”), the Clean Water Act, as amended (“CWA”), the Toxic Substances

Control Act (“TSCA”), the California Hazardous Substances Act, Health and Safety Code secs. 108100-108225 or any applicable provision of Title 22 of the California Code of Regulations (all collectively hereinafter referred to as “Applicable Environmental Laws”), and this representation and warranty would continue to be true and correct following disclosure to any applicable Governmental Authority of all relevant facts, conditions and circumstances pertaining to the Systems’ Assets and/or Del Oro.

3.7.3 No prior use of the Systems’ Assets by Del Oro or, to the best of Del Oro’s knowledge, any prior owners of the Systems’ Assets has occurred which violates any Applicable Environmental Laws. Del Oro has not at any time, directly or indirectly “treated,” “disposed of,” “generated,” “stored” or “released” any “toxic or hazardous substances,” as each term is defined under the Applicable Environmental Laws, or arranged for such activities, in, on or under the Systems’ Assets or any parcelof land, whether or not owned, occupied or leased by Del Oro.

3.7.4 There has been no litigation brought or, to the best or Del Oro’s knowledge, threatened nor any settlement reached by or with any parties alleging the presence, disposal, release, or threatened release, of any toxic or hazardous substance or solid wastes from the use or operation of the Water Systems or the Properties, and neither the Water Systems or the Properties are on any federal or state “Superfund” list, or subject to any environmentally related liens.

3.8 Insurance.

Del Oro maintains insurance in connection with the Properties and the Water Systems against hazards and risks and liability to persons and property to the extent and in the manner customary in the water utility industry.

3.9 Condition of Systems’ Assets.

To the best of Del Oro's knowledge and belief, the Systems’ Assets which constitute the Water Systems were designed and installed in accordance with good waterworks engineering practice as of the date the same were designed and installed and the then applicable rules and regulations of the applicable Governmental Authorities. The Systems’ Assets have been adequately maintained and are in operating condition and repair, ordinary wear and tear excepted, are fit for their intended purpose, and conform to all restrictive covenants, applicable laws, regulations and ordinances relating to their construction, use and operation, except City acknowledges the substandard condition of the three existing water wells, and that the City will take responsibility for the closure and abandonment of those wells, including all costs associated with such closure and abandonment.

3.10 Tax Matters.

Del Oro has paid, or will pay when due, all taxes due with respect to its real property and operations in Porterville/Tulare County, and shall file and pay in full any tax returns, reports or other filings related to any income, withholding, sales, use, gross earnings, real and personal property, excise or other taxes with respect to the Properties or the Water Systems through the Closing Date.

3.11 Disclosure.

No representation or warranty in this Article 3 or in any information, list, Exhibit or certificate furnished or to be furnished by or on behalf of Del Oro pursuant to this Agreement or in connection with actions contemplated hereby contains or will contain any untrue statement of a material fact or omits or will omit a material fact necessary to make the statement contained herein or therein not misleading.

3.12 Investigation.

City shall use commercially reasonable efforts to provide notice to Del Oro if City’s investigation or examination of the business, property or operations of the Water Systems or of the Systems’ Assets prior to the Closing Date reveals a violation of any representation or warranty by Del Oro.
4 REPRESENTATIONS AND WARRANTIES OF CITY
City hereby represents and warrants as follows:

4.1 Organization and Good Standing.

City is a municipal corporation duly organized, validly existing, and in good standing under the laws of the State of California.

4.2 Authority Relative to this Agreement.

This Agreement has been validly authorized by all requisite action on the part of City, approved by the City Council of City, and duly executed and delivered by City, and constitutes a valid and legally binding obligation of City, enforceable in accordance with its terms.

4.3 No Brokers.

All negotiations relative to this Agreement have been carried out by City directly with Del Oro without the intervention of any person as a result of any act of City in such manner as to give rise to any valid claim against any of the parties hereto for a brokerage commission, finder’s fee or other like payment.
5 CONDUCT OF THE PARTIES PENDING THE CLOSING DATE

5.1 Approvals and Consents.

Until the Closing Date, Del Oro shall conduct its business and affairs with respect to the Properties and the Water Systems only in the ordinary course, and so that the

representations and warranties contained in Article 3 hereof will be true and correct at and as of the Closing Date, except for changes permitted or contemplated by this Agreement, and so that the conditions to be satisfied by Del Oro on or prior to the Closing Date shall then have been satisfied. Del Oro shall use its best efforts to maintain and preserve the operation of the Water Systems, and to preserve its relationships with persons or entities having business relations with Del Oro relating to the Water Systems.

Del Oro will cooperate with City on and after the Closing Date to effect a satisfactory transition in the operation of the Water Systems.

Without limiting the generality of the foregoing, pending the Closing Date, and not unless prior written consent of City is given (which consent shall not be unreasonably withheld):

1. Del Oro shall not dispose of any of the Systems’ Assets other than in the ordinary course of business, which such disposal shall in no event exceed $1,000 in any individual transaction or $5,000 in the aggregate;

2. Del Oro shall not incur any additional liabilities with respect to the Water Systems, except with respect to utilities as incurred in the ordinary course of business, or such other liabilities incurred in the ordinary course of business which do not exceed $1,000
individually or $5,000 in the aggregate, whether for borrowed money or otherwise, or encumber any of theSystems’ Assets;

3. Del Oro shall not take any action that might adversely affect its ability to pass good and marketable title to the Systems’ Assets free and clear of all liens and charges;

4. Del Oro shall maintain in force all existing casualty and liability insurance policies and fidelity bonds relating to the Systems’ Assets, or policies or bonds providing substantially the same coverage;

5. Del Oro shall advise City in writing of any material, adverse change or any event, occurrence or circumstance which is likely to cause a material adverse change in the Systems’ Assets or liabilities (whether absolute, accrued, contingent or otherwise); and

6. Del Oro shall operate the Water System in accordance with general water works standards, maintain the Systems’ Assets in operating condition, and as good condition as exists as of the effective date of this Agreement, reasonable wear and tear excepted.

5.2 Lawsuits.

Del Oro shall notify City promptly of any lawsuit, claim, proceeding or investigation that may be threatened, brought, asserted or commenced (a) involving the transaction contemplated by this Agreement or (b) which might have a material adverse effect on the System’s Assets.

5.3 Compliance with Laws.

With respect to the Water Systems and the Properties, from the date hereof, Del Oro shall take all reasonable efforts to remain in compliance with all federal, state, local and other laws, statutes, ordinances, rules, regulations, orders, judgments, and decrees applicable to the Water Systems or the Systems’ Assets. Del Oro shall promptly disclose any violations of any such laws, statutes, ordinances, rules, regulations, orders, judgments, and decrees, including without limitation any violations of water quality or environmental regulations, to City.

5.4 Additional Documents.

Del Oro and City shall each execute and deliver such other documents which may be reasonably requested for the purpose of carrying out the transactions contemplated by this Agreement.

5.5 Additional Easements.

Del Oro and City will use commercially reasonable efforts both before and after the Closing to identify any additional easements or other access rights required by either of them in connection with the Systems Assets or the Water Systems (in the case of City) or in the ordinary course of business (in the case of Del Oro) and to negotiate and enter into mutually acceptable documentation to effect such easements or other access rights.

6 COVENANTS OF CITY

6.1 Cooperation.

City will refrain from voluntarily taking any action which would knowingly (a) render any representation or warranty contained in this Agreement inaccurate as of the Closing Date, (b) be inconsistent with the satisfaction of the requirements, covenants, and agreements applicable to it as set forth in this Agreement, or (c) impede or prevent the conditions to the consummation of the transaction contemplated by this Agreement from being satisfied.

6.2 Lawsuits.

City shall promptly notify Del Oro of any lawsuit, claim, proceeding or investigation which may be threatened, be brought, asserted or commenced involving the transactions called for in this Agreement or which might have an adverse impact upon Del Oro. 7 INDEMNIFICATION
Del Oro shall defend, indemnify and hold harmless City from and against any and all liabilities, assessments, deficiencies, penalties, interest, damages, losses, claims and expenses (including, but not limited to, court costs and attorneys’ fees) (hereinafter collectively referred to as the “Losses”) which City may sustain or which may be asserted against City, arising out of or founded in any way upon (i) the operation of Del Oro’s business prior to the Closing Date; or (ii) the ownership of the Properties prior to the Closing Date; or (iii) any breach or default of or under any of the representations, covenants or other provisions of this Agreement, including any document furnished or delivered to City pursuant to this Agreement, or resulting from any material omission in any of the foregoing necessary to make the same not misleading, provided that in all cases City notifies Del Oro in writing of its claim within three years of the Closing. 8 TERMINATION

8.1 Termination Events.

This Agreement may be terminated and abandoned at any time prior to the Closing Date by mutual agreement of City and Del Oro, subject to the approval of the State Water Resources Control Board.

8.2 Effect of Termination; Return of Materials; Expenses, Etc.

If this Agreement is terminated prior to the Closing Date, each party shall return to the other party all written material obtained in connection with the transactions contemplated hereby, whether obtained before or after the execution of this Agreement. Regardless of whether or not the transactions contemplated by this Agreement are consummated, each party shall pay its own expenses (including, without limitation, the fees and expenses of its agents, representatives, counsel, and accountants) incurred in connection therewith. 9 AMENDMENT AND WAIVER

This Agreement may be amended in writing at any time prior to the Closing Date by the mutual written consent of Del Oro and City, subject to the approval of the State Water Resources Control Board.
10 OTHER PROVISIONS

10.1 Governing Law.

This Agreement shall be construed and interpreted according to the laws of the State of California.

10.2 Incorporation of Exhibits.

All attached exhibits are incorporated in this Agreement by reference.

10.3 Assignment.

This Agreement may not be assigned by any party hereto without the prior written consent of the parties, and any attempt to assign without such consent shall be voidable by any party.

10.4 Notices.

All notices, waivers, and consents under this Agreement shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class mail, postage prepaid, addressed as follows:

If to Del Oro to:

Janice Hanna
Director, Corporate Accounting
Drawer 5172
Chico, CA 95927
with a copy to:

Thomas J. MacBride
Attorney for Company
Downey Brand1234 Street St.455 Market Street, Suite 1500 (City)San Francisco, CA 1234594105
If to City to:

Person at City
1234 City St.
(City), California 12345
with a copy to:

Julia M. Lew, City Attorney
McCormick, Kabot & Lew4010 S. Demaree Street
Visalia, California 93277

10.5 Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be treated as an original, but all of which, collectively, shall constitute only one instrument.

10.6 Survival of Representations and Warranties.

City and Del Oro agree that the representations and warranties contained in this Agreement or in any instrument delivered hereunder shall survive the Closing Date for a period of one (1) year and shall be unaffected by any investigation made by any party hereto. The representations and warranties contained herein shall not survive beyond said one (1) year period.

10.7 Waiver.

Waiver of any term or condition of this Agreement by any party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach or failure of the same term or condition, or a waiver of any other term or condition of this Agreement.

10.8 Full Consideration.

Del Oro expressly agrees that the consideration provided to Seller by City under this Agreement is the full amount of consideration to be paid by City for acquisition of the Systems’ Assets. By execution of this Agreement and acceptance of this consideration, Del Oro expressly agrees that this consideration fully satisfies all City's legal obligations to pay just compensation, as defined under California Eminent Domain Law, for the Systems’ Assets, and Del Oro releases City from any and all claims Del Oro may have against City for compensation.

10.9 Successor and Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors and assigns of the parties hereto.

10.10 Severability.

In case one or more provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable law, rule or regulation, the validity, legality, and enforceability of the remaining provisions contained herein shall not be affected or impaired thereby.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written above.

DEL ORO WATER COMPANY Inc.

By: Robert S. Fortino
Its: Chief Executive Officer
CITY OF Porterville
Greg Meister, Mayor
Approved as to Form:

Julia M. Lew, City Attorney
Attest:

Jason Ridenour, Interim City Clerk
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

EXHIBIT A

LOCATION MAP

DESCRIPTION OF GRANDVIEW & EAST PLANO WATER SYSTEMS
The Water System consists of three wells from which water is drawn, spread across the East Plano and Grandview Gardens Districts in Tulare County. The districts are approximately six miles apart and are close to the city of Porterville, California. East Plano is located just south of Porterville while Grandview Gardens is located directly to the north. Del Oro originally operated the two districts separately, but combined the East Plano and Grandview Gardens districts to become the larger Tulare district in 2014. Grandview Gardens contains both a south and a north well, capable of pumping 175 and 140 gallons per minute, respectively. The well in East Plano is significantly smaller, only pumping 32 gallons per minute. Each well system comes with a pressurized storage tank along with an accompanying distribution system.

As of December 31, 2020, the Water System had 112 active, metered connections to which it delivers water during operations; 98 of these connections serve the Grandview Gardens district and 14 serve the East Plano district. 102 of these connections serve residences while the remaining 10 serve either industrial or commercial buildings. Combined, the Water System has 6,133 feet of piping and is able to collectively store around 5,500 gallons of water. Employees servicing the Water System consist of three field operatives, one statewide superintendent, eight office staff located at Del Oro's Chico office, and three managers. The Water System is one of the smaller districts operated by Del Oro, and management has informed us that any future growth will likely be limited. We note, however, that the rate of return received by Del Oro on the Water System's rate base was the second highest of all of Del Oro's water systems.

The Water System was owned and operated by the Alley family for more than 40 years, through the early 2000's; the Alley family operated the East Plano district for more than 40 years without notifying the CPUC. The Alley family transferred ownership of the Water System to Raymond Smith, who operated the Water System under the name Watertek, in 2002. On January 8, 2004, Smith sold both districts to Douglass Elliot, who continued to use the Watertek name. Del Oro purchased both districts from Elliot on March 15, 2011. On April 22, 2015, Del Oro was cited for exceeding the maximum contaminant levels of nitrate in one of the Grandview Gardens wells. On April 22, 2021, Del Oro was cited again for failing to comply with state nitrate guidelines and ordered to draft plans necessary to consolidate the Tulare district with the city of Porterville's water system. On June 16, 2021, funding was granted by the California State Water Resources Control Board to develop such a consolidation agreement.

EXHIBIT B
SYSTEMS’ WATER DISTRICTS’ PROPERTY

TO BE CONVEYED TO CITY OF PORTERVILLE

INSERT LEGAL DESCRIPTIONS HERE

EXHIBIT C
MAP OF SYSTEM’S WATER DISTRIBUTION/PLANT FACILITIES (GRANDVIEW GARDENS)

EXHIBIT C
MAP OF SYSTEM’S WATER DISTRIBUTION/PLANT FACILITIES (EAST PLANO)

EXHIBIT D

DEL ORO WATER COMPANY CONTRACTUAL OBLIGATIONS

TO BE TRANSFERRED TO AND ASSUMED BY CITY OF PORTERVILLE

LIST ANY CONTRACTS, LEASES, OR AGREEMENTS CITY WILL HAVE TO ASSUME FOR ONGOING OPERATIONS – IF ANY
SWRCB Compliance Order No. 03-12-15R-004

RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE

CONSOLIDATION OF DEL ORO WATER SYSTEMS
WHEREAS, the City of Porterville (“City”) provides municipal water utility services to residents within the City and certain areas outside the City limits; and WHEREAS, the Grandview Gardens and East Plano water systems, currently owned and operated by Del Oro Water Company (“Del Oro”), have faced water quality and infrastructure challenges impacting their ability to provide reliable service; and WHEREAS, the State Water Resources Control Board (“Water Board”) has prioritized the consolidation of the Grandview Gardens and East Plano water systems with the City’s municipal water utility to address these challenges; and WHEREAS, the City has been awarded preliminary funding under the Expedited Drinking Water Grant (EDWG) Program in the amount of $8,123,000 to support the planning, design, and construction necessary for the consolidation project; and WHEREAS, the City and Del Oro have negotiated a Purchase and Sale Agreement, which sets forth the terms and conditions for the transfer of ownership of the Grandview Gardens and East Plano water systems to the City, including a purchase price of $301,000; and
WHEREAS, the Purchase and Sale Agreement aligns with the City’s long-term objectives of providing safe and sustainable water service, as outlined in Resolutions No. 38-2015, 74-2014, and 75-2014; and
WHEREAS, the consolidation project includes replacing water mains, installing fire hydrants and water meters, and decommissioning substandard wells to ensure compliance with City standards and regulations; and
WHEREAS, the City Council has reviewed the terms of the Purchase and Sale Agreement and, subject to the satisfaction of certain conditions, finds it to be in the best interest of the City and its residents to proceed with the acquisition and consolidation of the Del Oro water systems.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Porterville as follows:

SECTION 1: The City Council hereby approves the Purchase and Sale Agreement between the City of Porterville and Del Oro Water Company for the acquisition of the Grandview Gardens and East Plano water systems for a purchase price of $301,000, Resolution No. ___-2025

subject to the satisfaction of certain conditions and approval by the Assistant City Manager and City Attorney.

SECTION 2: The City Council authorizes the Mayor or designee, the Assistant City Manager, and/or the Public Works Director to execute the Purchase and Sale Agreement and any necessary documents related to the acquisition, subject to review and approval of certain conditions, and as to form by the City Attorney.

SECTION 3: The City Council authorizes the Mayor or designee, the Assistant City Manager, and/or the Public Works Director to take all actions necessary to comply with the terms and conditions of Agreement No. D2202050 with the Water Board, including but not limited to environmental compliance, engineering design, and construction activities.

SECTION 4: The City Clerk is directed to certify the adoption of this Resolution and ensure that it is entered into the official records of the City.

PASSED, APPROVED AND ADOPTED this 21st of January, 2025. ________________________________
Greg Meister, Mayor
Attest:

Jason Ridenour, Interim City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 6.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization to Apply and Receive Financing for the Consolidation of Del Oro Water Company
SOURCE: Public Works
COMMENT: The City provides public water services both to the City's residents (within City limits) and community residents outside City limits. As a result of local water quality impacts, the State Water Resources Control Board (Water Board) has sought out and encouraged the consolidation of surrounding private water systems. In this regard, the City has been in active communications to support consolidating two Del Oro Community Water Systems.

Del Oro was awarded a Funding Agreement to support these actions in January 2015, to address the water quality and quantity issues faced by the Grandview Gardens District and Del Oro East Plano water systems. The Planning Grant will develop the design, environmental, and legal documents necessary to consolidate with the City's water system.

The Grandview Gardens system is bounded by W. Merill Avenue on the north, N.

Westside Street on the west, N. Douglas Street on the east, and W. North Grand Avenue on the south. The Del Oro East Plano system is located east of S. Plano Street, and south of E. Worth Avenue, identified as Paul Street. The area served by the water company encompasses roughly ninety-nine (99) parcels within the water company service boundary.

Grandview Garden was annexed into the City on April 7, 2015, by Resolution No. 38-2015. Provisions for efficiently providing government services in a manner consistent with the City's Annexation and Municipal Services Objectives, Policies, and Procedures are detailed in Resolutions No. 74-2014 and 75-2014. The East Plano Water System on Paul Street is not within City Limits. However, it is located within the City's Urban Development Boundary (UDB) and will require Annexation or Extraterritorial Service Agreement to Serve.

The Water Board has acknowledged the following steps to respond in the consolidation process necessary to enter into a Funding Agreement with the City to bridge the gap from planning to construction to City Standards with the City as the lead agency. City staff has tentatively coordinated discussions of what a funding application would consist of; the funding for the planning review, design review, and construction of improvements to the water supply facilities of the City necessary to meet water quality requirements and system demands. The proposed improvements include new distribution mains to provide water service to each customer served by the Del Oro Water Company, water meters, and fire hydrants.

Item No. 6.

Pending the City Council's approval and authorization to proceed, Water Boards has provided a Preliminary Funding Award Notification for the Project for $8,123,000.

After receiving a Preliminary Funding letter from the Water Board, a Resolution authorizing the application for a funding agreement and identifying the City's authorized representative by title is required. The funding agreement will also require a Resolution certifying that its decision-making body reviewed and considered an environmental determination to be completed by the City after the Funding Agreement has been issued for the Water Supply Project.

The staff recommendation is that the Council receive the Preliminary Funding Award Notification Letter for the City of Porterville, Grandview Gardens, and East Plano Consolidation with the City under the Expedited Drinking Water Grant Funding Program for improvements, including distribution mains to provide water service to each customer served by the Del Oro Water Company, water meters, and fire hydrants, with the completion of the identified Resolution, authorizing the Mayor or designee, the Public Works Director, to apply for and receive financing from the California State Water Resources Control Board for Planing, Design, and Construction of the Grandview Gardens and East Plano consolidation with the Porterville Project.

RECOMMENDATION: That the City Council:

1. Approve the Preliminary Funding Award Notification Letter with the State Water Resources Control Board to consolidate the Del Oro Water Systems; Grandview Gardens, and East Plano (Paul Street), onto the City’s water distribution system;

2. Adopt the draft Resolution authorizing the Mayor or Designee, the Public Works Director, to apply for and receive financing from the California State Water Resources Control Board for the planning, design, and construction of the Del Oro Systems; Grandview Gardens and East Plano Water Consolidation Project;

3. Direct the City Attorney as General Counsel to provide a legal opinion letter in regards to the proposed project once a funding agreement is received; and

4. Authorize the Mayor or Designee, the Public Works Director, to execute the funding agreement with the State Water Resources Control Board and any other necessary documents to effect the transaction.

ATTACHMENTS: 1. Draft Resolution

2. Preliminary Funding Award Notification

3. Resolution No. 38-2015

4. Resolution No. 74-2014

5. Resolution No. 75-2014

6. Location Map
Appropriated/Funded:

Item No. 6.

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

EXPEDITED DRINKING WATER GRANT
AGREEMENT No. D2202050

BY AND BETWEEN
CITY OF PORTERVILLE (“Recipient”)
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”)

FOR THE PURPOSE OF THE

GRANDVIEW GARDENS AND EAST PLANO CONSOLIDATION WITH PORTERVILLE PROJECT (“Project”)
PROJECT NO. EDWG-5410010-019C
Senate Bill 129 (Stats. 2021, Ch. 69), Item 3940-106-0001 of Section 2.00 of the Budget Act of 2021, Provision 1, and Resolution Nos. 2023-0006 and 2023-0021.

PROJECT FUNDING AMOUNT: $8,123,000
ESTIMATED REASONABLE PROJECT COST: $8,123,000
ELIGIBLE WORK START DATE: JULY 12, 2021
ESTIMATED COMPLETION OF CONSTRUCTION DATE: DECEMBER 31, 2025 PROJECT COMPLETION DATE: DECEMBER 31, 2025
FINAL REIMBURSEMENT REQUEST DATE: MARCH 31, 2026
RECORDS RETENTION END DATE: DECEMBER 31, 2061
City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

EDWG30iii2023

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:

EXHIBIT A – SCOPE OF WORK AND SCHEDULE
EXHIBIT B – FUNDING AMOUNTS
EXHIBIT C – GENERAL TERMS AND CONDITIONS
EXHIBIT D – SPECIAL CONDITIONS

2. The following documents are also incorporated by reference, as well as any documents incorporated by reference in Exhibit D:
the Final Plans & Specifications, including any amendments, as approved by the Division, which are the basis for the construction contract to be awarded by the Recipient; the Drinking Water System Permit No. 03-12-06P-004, and any amendments thereto;

3. Party Contacts during the term of this Agreement are:

State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Michael Knight, Public Works Director
Address: 1001 I Street, 16th Floor Address: 291 N Main Street City,
State, Zip:

Sacramento, CA 95814 City, State,
Zip:

Porterville, CA 93257
Phone: (916) 552-9983 Phone: (559) 782-7462
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(b) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

EDWG30iii2023
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

6. This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.

7. The Recipient has reviewed and fully understands the provisions and requirements of this Agreement. The Recipient has reviewed and affirms the representations and warranties in this Agreement.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

EDWG30iii2023
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CITY OF PORTERVILLE
By: ____________________________________
Name: Michael Knight
Title: Public Works Director
Date: _________________________________
STATE WATER RESOURCES CONTROL BOARD:

By: ____________________________________
Name: Joe Karkoski
Title: Deputy Director
Division of Financial Assistance
Date: __________________________________
City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1 PROJECT PURPOSE AND DESCRIPTION.

The Project is for the benefit of the Recipient. The funding under this Agreement shall be used for the purpose of fully consolidating two water systems, the Del Oro Grandview Gardens District and the Del Oro East Plano District, which are currently owned and operated by the Del Oro Water Company.

A.2 SCOPE OF WORK.

Portions of this scope of work may be funded through separate agreements or programs, including agreements with third-party technical assistance providers. Such tasks may still be included herein to clearly document expectations of the Recipient regarding implementation of the Project under this Agreement. Any costs funded through other agreements or programs cannot be submitted for reimbursement under this Agreement.

The Recipient agrees to do the following:

1. Project Management
Provide all technical and administrative services as needed for Project completion; monitor, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Project is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations.

Notify the Project Manager at least fifteen (15) working days in advance of upcoming meetings, workshops, and trainings.

Conduct periodic and final site visits with the Project Manager.

Conduct pre-, during, and post-construction photo monitoring at the Project site and submit to the Project Manager as part of Progress Reports.

2. Initial Submissions
Submit the mandatory Technical, Managerial, and Financial (TMF) Assessment elements, including Budget/Capital Improvement Plan, Consolidation Feasibility, Ownership, and Water Rights, to the Project Manager for approval.

2..1 Mandatory TMF elements must be met to the satisfaction of the Division prior to Bid Solicitation Approval.

Submit the EDWG Financial Security Package to the Project Manager for approval.

2..1 Division review and approval must be complete prior to Bid Solicitation Approval.

Complete necessary work to resolve any incomplete items identified by Division after the Division reviews submittals for Items 2.1 and 2.2.

Submit the professional engineering services contract(s) to the Project Manager for review and approval prior to disbursement of funds for costs incurred under such contract(s).

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A

3. Environmental Compliance, Permitting, and Approvals
No construction or construction-related activities, including construction bid solicitation, is authorized until the California Environmental Quality Act (CEQA) process, permitting, access negotiations and other required approvals are complete.

Complete documentation required under the CEQA for the proposed construction project.

3..1 Submit the draft CEQA document or Notice of Exemption, as applicable, to the Project Manager for comment.

3..2 Submit the complete EDWG Program Environmental Package to the Project Manager, including one of the following: the Notice of Exemption filed with the County Clerk and with the Governor’s Office of Planning and Research, State Clearinghouse; or the final CEQA document (Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report), Mitigation Monitoring and Reporting Plan, comments and responses, adoption/certification resolution, and the Notice of Determination filed with the County Clerk and the Governor’s Office of Planning and Research.

3..3 Obtain written concurrence from the Project Manager confirming the State Water Board has made its own environmental findings if applicable and concurs that implementation/construction may proceed. The State Water Board may deem the Project ineligible for funding if construction begins prior to the Division’s issuance of this written approval.

Obtain all public agency approvals, entitlements, permits, and agreements, if any, that are required for Project implementation before field work begins. If the Project is carried out on lands not owned by the Recipient, the Recipient must obtain adequate rights of way for the Useful Life of the Project. If the Project requires or involves the diversion or appropriation of water, the Recipient must submit appropriate documentation showing that Recipient has acquired necessary water rights. If the Project is a consolidation, the Recipient must submit an executed copy of the consolidation agreement(s) and evidence of necessary Local Agency Formation Commission approvals, in a form satisfactory to the Division. Recipients are strongly advised to share a draft of the consolidation agreement(s) with the Project Manager, and to incorporate comments from the Project Manager before the agreement is finalized. Submit a list and signed copies of such approvals, entitlements, permits, or agreements to the Project Manager.

4. Planning, Design, and Engineering
Prepare an Engineering Report, Technical Memo, or similar document to support the design plans and specifications in Item 4.2, and submit to the Project Manager for comment.

Prepare the fifty percent (50%) design plans and specifications and submit to the Project Manager for approval. The Project shall include:

Distribution System Components
Replace approximately 7,200 linear feet of existing water main with approximately 7,200 linear feet of new water main in the Del Oro Grandview Gardens District.

Replace approximately 550 linear feet of existing water main with approximately 550 linear feet of new water main in the Del Oro East Plano District.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A
Install hydrants and isolation valves according to the spacing requirements specified in the City’s standards.

Furnish and install water meters for approximately 98 existing customers in the Del Oro Grandview Gardens District.

Furnish and install water meters for approximately 14 existing customers in the Del Oro East Plano District.

Consolidation Project Components
Purchase the Del Oro Grandview Gardens District and Del Oro East Plano District water systems from the Del Oro Water Company.

Consolidate the Del Oro Grandview Gardens District and the Del Oro East Plano District into the City of Porterville, including the ownership transfer of all existing water system facilities, infrastructure, and customers.

Decommission and properly abandon existing Well Nos. 1 and 2 within the Del Oro Grandview Gardens District.

Decommission and properly abandon existing Well No. 1 within the Del Oro East Plano District.

Complete the one hundred percent (100%) design plans and specifications and prepare a summary identifying any changes from the fifty percent (50%) plans in Item 4.2.

Submit the one hundred percent (100%) design plans and specifications and summary of changes for the Project to the Project Manager for approval.

5. Bid Solicitation
Complete the bid documents in accordance with the approved design plans and specifications in Item 4.2 and submit to the Project Manager for approval.

Complete EDWG Request for Bid Solicitation Approval Form, after obtaining: TMF approval in Item 2.1, Financial Security Package approval in Item 2.2, environmental clearance in Item 3.1.3, and the necessary approvals, entitlements, permits, and agreements in Item 3.2.

Submit to the Project Manager to obtain written Bid Solicitation Approval.

Advertise the Project for bid after receiving Project Manager approval in Item 5.2. Submit complete EDWG Final Budget Approval (FBA) Form, including necessary attachments, such as the advertised bid documents and bid summary, to obtain written FBA from the Project Manager.

6. Construction and Implementation
Construction, equipment procurement, or acquisition costs are not eligible for reimbursement prior to FBA.

After receiving FBA, award the construction contract(s) and submit the Notice(s) to Proceed and awarded contract(s) for the Project to the Project Manager.

Submit any proposed changes that arise during construction that may affect the Project’s benefits and components listed in Item 4.2, schedule, or costs to the Project Manager for approval prior to proceeding with the changes.

Submit the necessary TMF Assessment elements to the Project Manager by the Completion of Construction.

6..1 Prior to disbursement of the final 10% of the total Project Costs, City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A
necessary TMF elements must be demonstrated to the satisfaction of the Division, which may include elements that will be subsequently completed under DDW supervision.

Submit any required drinking water permit amendment application documents to the regulating agency (Division of Drinking Water, Local Primacy Agency, County Health Department, etc.) and the Project Manager before the Completion of Construction (if applicable).

Construct the Project in accordance with the approved design plans and specifications in Item 4.3.

Expeditiously initiate Project operations upon Completion of Construction.

A.3 SIGNAGE.

The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

“Funding for this project has been provided in full or in part under the Budget Act of 2021 through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Division may adjust the dates in the “Estimated Due Date” column of this table, but “Critical Due Date” adjustments will require an amendment to this Agreement. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal.

The Recipient must substantially complete construction by the approved Estimated Completion of Construction date unless an extension is granted by the Division in writing. The Recipient must deliver any request for extension no less than 30 days prior to the approved Completion of Construction date.

Late requests may not be honored.

The Recipient must complete and submit all work in time to be approved by the Division prior to the approved Estimated Due Date for the Final Reimbursement Request.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE
EXHIBIT A.2 – SCOPE OF WORK

1. Project Management

1.1 Technical and Administrative Services N/A Ongoing

1.2 Notification of Upcoming Meetings,
Workshops, and Trainings
N/A As Needed

1.3 Site Visits N/A As Needed

1.4 Photo Documentation N/A Ongoing

2. Early Submissions

2.1 Mandatory TMF Assessment Elements N/A March 1, 2024

2.2 EDWG Financial Package N/A March 1, 2024

2.3 Complete any incomplete items identified
by Division after review of 2.1 and 2.2.

N/A March 1, 2024

2.4 Professional Engineering Services
Contract
N/A November 1,
2023

3. Environmental Compliance and Permitting

3.1.1 Draft CEQA N/A March 1, 2024

3.1.2 EDWG Environmental Package and Final
CEQA
N/A March 1, 2024

3.2 List and Signed Approvals, Entitlements
Permits, and Agreements
N/A May 1, 2024

4. Planning, Design, and Engineering

4.1 Engineering Report, Technical Memo, or
Similar Document
N/A Completed

4.2 50% Plans and Specifications N/A February 1, 2024

4.3 100% Plans and Specifications N/A May 1, 2024

5. Bid Solicitation

5.1 Bid Documents N/A June 1, 2024

5.2 EDWG Request for Bid Solicitation
Approval
N/A June 1, 2024

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED

DUE DATE

5.3 EDWG Request for Final Budget Approval
Form
N/A August 1, 2024

6. Construction and Implementation
City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A

6.1 Notice(s) to Proceed N/A October 1, 2024

6.2 Notification of Project Changes N/A As Needed

6.3 Necessary TMF Elements N/A December 31,
2025

6.4 Permit Amendment Application Documents N/A N/A

6.5 Completion of Construction N/A December 31,
2025

6.6 Project Completion December 31,
2025
N/A

REPORTS
A.3 Progress Reports Quarterly N/A
A.4 Project Completion Report N/A November 30,
2025
A.5 Final Inspection and Certification N/A December 31, 2025
EXHIBIT B AND C –

FUNDING TERMS

BUDGET COSTS AND

REIMBURSEMENT
B.6.1 and B.6.2 First Reimbursement Request No later than 90 days from
Agreement
Execution Date
N/A
C.16 Final Reimbursement Request March 31, 2026 6 months after approved
Completion of
Construction date
or the Critical Due
Date for Final
Reimbursement
Request,
whichever comes
first
City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A
A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:

1. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;

2. Discussion of any delays experienced or anticipated in meeting the project schedule provided in Section A.4 and measures to meet the schedule;

3. A description of compliance with environmental requirements, including a discussion of the status of the Recipient’s compliance with
a. any Mitigation Monitoring and Reporting Program adopted for the Project; and b. any permits issued for the Project that include water quality elements, including Clean Water Act, Section 401 Certification or Section 404 Permit, Lake and Streambed Alteration Agreement, and/or Rivers and Harbors Act, Section 10 Permit issued by the relevant state and federal agencies.

4. A listing of change orders including amount, description of work, and change in contract amount and schedule; and

5. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

A.6 PROJECT COMPLETION REPORT.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental requirements, including a discussion of the status of the Recipient’s compliance with a. any Mitigation Monitoring and Reporting Program adopted for the Project; and b. any permits issued for the Project that include water quality elements, including Clean Water Act, Section 401 Certification or Section 404 Permit, Lake and Streambed Alteration Agreement, and/or Rivers and Harbors Act, Section 10 Permit issued by the relevant state and federal agencies. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit A
application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.

The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board.

If the Recipient obtains funds for the Project from any third parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect such funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS.

Estimated budget costs are contained in the Summary Project Cost Table below.

ITEM DESCRIPTION TOTAL ESTIMATED
COST

PROJECT FUNDING
AMOUNT
A Construction $3,447,500 $3,447,500
B Pre-Purchased Material / Equipment $0 $0
C Real Property or Easement Acquisition $0 $0
D Change Order Contingency $1,510,000 $1,510,000
E Force Account $0 $0
F Allowances (Soft Costs) $1,226,050 $1,226,050
G Conditional Costs (30% of total) $1,939,450 $1,939,450 TOTAL $8,123,000 $8,123,000
The Division’s Final Budget Approval(s) and related Forms 259 and 260 will document a more detailed budget of eligible Project Costs and Project funding amounts. Construction of the Project may be completed in phases only with written approval of the Division. If construction proceeds under separate phases, the Recipient must submit a Final Budget Approval package and receive Final Budget Approval from the Division for each phase.

Reimbursement of costs under the Conditional Costs line item is not authorized without the Division’s written approval. The Conditional Costs line item is for increased costs and unforeseen items, provided that the costs are eligible and consistent with the approved scope of work and are determined to be reasonable and necessary by the Division. The Division’s Final Budget Approval(s) is required before the Conditional Costs line item can be used for construction costs. The Conditional Costs line item can be used for construction change orders, so long as the total disbursed for such costs does not exceed the applicable maximum contingency limitation.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit B
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

B.5 LINE ITEM ADJUSTMENTS.

1. The Recipient may submit a request for an adjustment between line items in writing to the Project Manager for the Division’s review and approval. Such adjustment may not increase or decrease the total Project Funding Amount. The Recipient shall submit a copy of the Agreement budget reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments.

2. The Division may adjust the line items of the Summary Project Cost Table as follows, in accordance with any applicable rules. Under no circumstances may the sum of line items in the approved budget exceed the Project Funding Amount set forth on the Cover Page of this Agreement. a. The Division may make adjustments between existing line items, other than the Contingency and Conditional Costs line items, to defray Eligible Costs up to fifteen percent (15%) of the total Project Funding Amount. The sum of all line item adjustments approved by the Division for this Agreement must not exceed fifteen percent (15%) of the total Project Funding Amount. If the Division modifies the Summary Project Cost Table (i) at the time of the Division’s Final Budget Approval(s), (ii) by amending the Agreement, or (iii) following the Recipient’s submittal of its final Reimbursement Request, then any adjustments that were made prior to such modification of the Summary Project Cost Table shall not be counted in the calculation of the 15% limit. b. At the time of the Division’s Final Budget Approval(s) and/or any amendments to the Agreement, the Division may adjust the line items of the Summary Project Cost Table at its discretion. Any adjustments at these times are not subject to the 15% limit in paragraph a. c. Following the Recipient’s submittal of its final Reimbursement Request, the Division may adjust the line items of the Summary Project Cost Table, as well as the detailed budget provided by the Division in the Final Budget Approval(s), at its discretion. Any adjustments at this time are not subject to the 15% limit in paragraph a.

3. No line item adjustment is authorized until the Division provides written approval for the adjustment to the Recipient. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.

Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed, except that the Recipient may not acquire or request reimbursement of costs for materials, equipment, or land until after any required environmental review process is complete and the Division provides written notice that such items may be reimbursed under this Agreement. To be eligible for reimbursement, Project Costs, including any planning and design allowance costs, must have been incurred in compliance with all applicable requirements, including the state cross-cutting requirements listed in Exhibit D.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit B

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under this Agreement.

4. The Recipient shall not solicit construction bids or conduct any construction activities until all required environmental reviews are complete, and the Division has provided written bid solicitation approval.

5. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of Reimbursement Request. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed. Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

6. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

7. The Recipient must not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

8. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations.

Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.

No Project construction shall proceed until after the Division has provided approval for construction to proceed. Construction costs incurred prior to the date that the Division provides approval to proceed are not eligible for reimbursement. No disbursement for construction costs shall be provided until after the Division has approved the final budget form(s) submitted by the Recipient including the applicable costs.

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement timely, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS

1. DEFINITIONS. Unless otherwise specified in this Agreement, each capitalized term used in this Agreement has the following meaning:
“Agreement” means this agreement, including all exhibits and attachments hereto. “Cover Page” means the front page of this Agreement.
“Days” means calendar days unless otherwise expressly indicated. “Deputy Director” means the Deputy Director of the Division. “Division” means the Division of Financial Assistance of the State Water Board or any other division or unit of the State Water Board authorized to administer this Agreement. “Event of Default” means the occurrence of any of the following events:
a) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; b) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; c) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing;
d) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or e) Loss of the Recipient’s rights, licenses, permits, or privileges necessary for the Project, or the occurrence of any material restraint on the Recipient’s enterprise by a government agency or court order.
“Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this Agreement, after which date, no further reimbursements or disbursements may be requested. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities. “Material Obligation” means an obligation of the Recipient that is material to this transaction. “Party Contact” means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Division staff set forth in Section 2 of this Agreement.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
“Project” means the Project funded by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein.
“Project Completion” means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division.
“Project Costs” means the incurred costs of the Recipient which are eligible for funding under this Agreement, pursuant to applicable statutes, policy, regulations, or guidelines. “Project Funding Amount” means the maximum amount payable under this Agreement, as set forth on the Cover Page.
“Project Funds” means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement.
“Project Manager” means the person designated by the State Water Board to manage performance of this Agreement. The Project Manager is set forth on the Cover Page. “Records Retention End Date” means the last date that the Recipient is obligated to maintain records related to this Agreement and is set forth on the Cover Page of this Agreement. “Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.
“Reimbursement Period” means the period during which Project Funds may be disbursed. “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board. “Year” means calendar year unless otherwise expressly indicated.

2. ACCESS, INSPECTION, AND PUBLIC RECORDS. The Recipient must ensure that the State Water Board, the State Auditor, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times through the Records Retention End Date or useful life of the Project, whichever is longer. The Recipient acknowledges that, except for a subset of information regarding archaeological records and personally identifiable information, the Project records and locations may be public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated into this Agreement by reference, and all reports, Reimbursement Requests, and supporting documentation submitted hereunder.

3. ACCOUNTING AND AUDITING STANDARDS; FINANCIAL MANAGEMENT SYSTEMS. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must:
(a) Establish an official file for the Project which adequately documents all significant actions relative to the Project;
City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
(b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all Project Funds received under this Agreement; (c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to Project Funds disbursed under this Agreement; (d) Establish an accounting system which will accurately depict final total costs of the Project if authorized under this Agreement;
(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and
(f) If the Recipient uses its own employees, equipment, or resources for any phase of the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee.

4. AMENDMENT. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee and approved as required.

5. ASSIGNABILITY. This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board. Amendment of the Agreement may be required.

6. AUDIT. The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of State or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must be in the form required by the Division. The Recipient must return, or ensure the return of, any audit disallowances within 30 days.

7. BONDING. Where construction contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts:
faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.

8. COMPETITIVE BIDDING. Recipient must adhere to any applicable State law or local ordinance for competitive bidding and applicable labor laws. If Recipient is a private entity, any construction contracts related in any way to the Project must be let by competitive bid procedures which assure award of such contracts to the lowest responsive and responsible bidders. Recipient must not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to and approved in writing by the Division. Recipient must provide a full explanation if Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder.

9. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REQUIREMENTS. The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements and with provisions of the adopted environmental mitigation plan, if any, for the useful life of the Project.

10. COMPUTER SOFTWARE. The Recipient certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

11. CONFLICT OF INTEREST. The Recipient certifies that it, its owners, officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Any service provider or contractor with which City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. Public entities are required to have adopted conflict of interest codes and may be required to provide documentation of those codes to the Division.

12. DATA MANAGEMENT. The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems.

13. DEBARRED, DISQUALIFIED, OR EXCLUDED CONTRACTORS. The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at:
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml

14. DRUG-FREE WORKPLACE. The Recipient certifies that it will provide a drug-free workplace in compliance with the Drug-Free Workplace Act (Gov. Code. §§ 8350-8357). The Recipient shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the Recipient’s workplace and specifying the actions to be taken against employees for violations of the prohibition. The Recipient shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the Recipient’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. The Recipient shall provide that every employee who works on the Project receives a copy of the Recipient’s drug-free workplace policy statement and agrees to abide by the terms of the statement as a condition of employment on the Project.

15. ENVIRONMENTAL CLEARANCE. No work that is subject to California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) may proceed under this Agreement until the State Water Board has provided approval to proceed. Upon receipt and review of the Recipient’s environmental documents, the State Water Board shall make the appropriate environmental findings before determining whether to approve construction or implementation funding for the Project under this Agreement. Providing approval for such construction or implementation funding is fully discretionary. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding under this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project.

16. FINAL REIMBURSEMENT REQUEST. The Recipient agrees to ensure that its final Reimbursement Request is received by the Division no later than the Final Reimbursement Request Date. If the final Reimbursement Request is not received timely, the undisbursed balance of this Agreement may be deobligated.

17. FRAUD AND MISUSE OF PUBLIC FUNDS. All requests for disbursement must be accurate and signed by the Recipient or its Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability.

18. FUNDING CONTINGENCY. The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. The State Water Board's obligation to disburse funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement.

Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding.

19. GOVERNING LAW. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

20. RECIPIENT’S SHARE. The Recipient agrees that it will provide for the payment of its full share, if any share is required, of Project Costs and that all costs connected with the Project will be timely paid by the Recipient.

21. INDEMNIFICATION AND STATE REVIEWS. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Persons in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Persons to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement.

22. INDEPENDENT ACTOR. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.

23. INSPECTION. Throughout the useful life of the Project, the State Water Board shall have the right to inspect the Project area to ascertain compliance with this Agreement.

24. INTEGRATION. This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party.

25. LIENS. The Recipient must not make any pledge of or place any lien on the Project or Project assets except upon consent of the Division.

26. NO DISCRIMINATION. The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). The Recipient’s obligations under this section shall survive the term of this Agreement.

During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

27. NO THIRD-PARTY RIGHTS. This Agreement creates no rights in and grants no remedies to any third party as a beneficiary of this Agreement.

28. NO OBLIGATION OF THE STATE. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C

29. NON-WAIVER. Nothing in this Agreement shall affect or impair the Recipient’s obligation to undertake work under this Agreement or shall affect or impair the right of the State Water Board to bring suit to enforce such work. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

30. OTHER FUNDING SOURCES; INCOME RESTRICTIONS. If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's contribution to Project costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient as related to this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement.

31. PERMITS AND AUTHORIZATIONS. Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be submitted to the Division before any construction or implementation begins.

Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the State Water Board’s Project Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board’s Project Manager.

32. PREVAILING WAGES. If applicable, the Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. If applicable, the Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the applicable prevailing wage provisions of the State Labor Code are being met. Division of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.

33. PRIOR COSTS. No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement.

34. PROFESSIONALS. The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

35. RECORDS, INSPECTION, AUDITS, AND INTERVIEWS; RECORDS RETENTION. The Recipient must maintain separate books, records and other material relative to the Project and retain such books, records, subcontracts, and other material until at least the Records Retention End Date set forth on the Cover Page of this Agreement. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Department of Finance, the California State Auditor, the Bureau of State Audits, or any authorized representatives of the aforementioned, including federal funding agencies and their auditors, if City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
any. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement.

36. RELATED LITIGATION. Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to complete the Project funded by this Agreement or to repay all of the disbursed funds plus interest.

37. REMEDIES. The State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any dispute of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the procedures provided to the Recipient under this Agreement.

38. REPORTS - AS NEEDED. The Recipient must provide expeditiously any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the State or federal government.

39. RESPONSIBILITY FOR WORK. The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project, including, but not limited to, payment disputes with contractors and subcontractors. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

40. RIGHTS IN DATA. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. The Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so.

41. STATE WATER BOARD ACTION; COSTS AND ATTORNEY FEES. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.

42. STATUS QUO. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights, and remedies as if no such action had been brought.

43. TERMINATION, IMMEDIATE REPAYMENT, AND INTEREST: This Agreement may be terminated by written notice at any time, at the option of the State Water Board, if:

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
a. the Recipient has received funds as a result of a material misrepresentation in the funding application or other submitted document; or
b. upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board.

In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of Project Funds disbursed to the Recipient prior to such termination.

In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date of full repayment by the Recipient.

44. TIMING. Time is of the essence. The Recipient must expeditiously proceed with and complete the Project.

Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds.

45. TRAVEL AND PER DIEM. No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. No work or travel outside the United States of America is authorized. Failure to comply with this restriction may constitute an Event of Default and result in termination of this Agreement. Any reimbursement for necessary travel and per diem shall be set pursuant to and at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx as of the date costs are incurred by the Recipient.

46. UNDISBURSED FUNDS. The Recipient is not entitled to interest earned on undisbursed funds.

47. UNENFORCEABLE PROVISION; SEVERABILITY. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

48. UNION ACTIVITIES: The Recipient hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Agreement. The Recipient certifies that none of the Project Funds will be used to assist, promote, or deter union organizing. If the Recipient incurs costs or makes expenditures to assist, promote, or deter union organizing, the Recipient will maintain records sufficient to show that no reimbursement from Project Funds has been sought for these costs and the Recipient shall provide those records to the Attorney General upon request.

49. VENUE. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.

50. WAIVER AND RIGHTS OF THE STATE WATER BOARD. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

51. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Recipient acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of this Agreement. A web link with examples of water conservation and efficiency programs is available at: http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/conservation.shtml.

52. WATER DIVERSION AND USE: To the extent applicable, the Recipient has complied with, and shall continue to comply with, the requirements of Water Code, division 2, part 5.1, section 5100 et seq. for filing statements of water diversion and use.

53. WITHHOLDING OF DISBURSEMENTS AND REIMBURSEMENTS. Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events:

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit C
Failure of the Recipient to maintain reasonable progress on the Project as determined by the Division; Commencement of litigation or a judicial or administrative proceeding related to the Project, or Recipient that the State Water Board determines may impair the timely satisfaction of Recipient’s obligations under this Agreement;
Any investigation by State, local, or federal investigators or auditors, or a grand jury, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls; A material adverse change in the condition of the Recipient, or the Project, that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement;
The Recipient’s material violation of, or threat to materially violate, any provision of this Agreement; Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents directly or indirectly regarding the Project; An event requiring notice under this Agreement; or
An Event of Default or an event that the Division determines may become an Event of Default.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
D.1 DEFINITIONS.

Each capitalized term used in this Agreement has the following meaning:
"Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project.
“Authorized Representative” means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorized representative resolution that designates the authorized representative by title.
“Completion of Construction” means that the work of building and erection of the Project is substantially complete to the reasonable satisfaction of the Division. “District Office” means District Office of the Division of Drinking Water of the State Water Board. “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
“Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Estimated Completion of Construction Date” means the estimated due date for Completion of Construction, as determined by the Division after consultation with the Recipient, and is established on the Cover Page of this Agreement.
“Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:

A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.

Failure to operate the System or the Project, unless the Division has given its approval for such nonoperation; The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption;
If the Recipient is a member of a joint powers authority, the occurrence of a material breach or event of default under any agreement to which the joint powers authority is a party, relevant to the System or the Revenues, that the Division determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
“Final Budget Approval (FBA)” means the Division-approved final budget for the Project, or phase of the Project, as set forth in Exhibit B.
“Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project.
"Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
“Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles.
“Project Completion Date” means the date that the Project shall be complete to the reasonable satisfaction of the Division, and is established on the Cover Page of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the Recipient, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed.
“Useful Life” means the economically useful life of the Project beginning at Project Completion, which must be at least 20 years.

D.2 ADDITIONAL REPRESENTATIONS AND WARRANTIES.

The Recipient has not made any untrue statement of a material fact in its application for this financial assistance or omitted to state in its application a material fact that makes the statements in its application not misleading.

The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.

The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient.

There are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.

There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances.

Any financial statements or other financial documentation of Recipient delivered or to be delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are or will be materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been or will be prepared in accordance with GAAP. Since the date(s) of any financial statements or other financial documentation previously provided to the State Water Board, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.

The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.

The Recipient has no conflicting or Material Obligations.

The Recipient and its principals, contractors, and subcontractors, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. The Recipient shall select contractors and subcontractors for this Project that meet the requirements of this paragraph.

D.3 ACKNOWLEDGEMENTS.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Budget Act of 2021through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
D.4 RATES, FEES, AND CHARGES.

The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

D.5 PROPERTY RIGHTS AND WATER RIGHTS.
a. Unless otherwise previously disclosed to the Division and described in the legal opinion accompanying this Agreement, the Recipient (1) has sufficient real or personal property and access rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
extend at least to the Records Retention End Date of this Agreement, and (2) possesses all water rights necessary for this Project and the continued operation of the System. b. If the Recipient does not have sufficient property, access, or water rights as described in paragraph a, above, prior to the Division’s bid solicitation approval, construction, and any reimbursement for construction, the Recipient shall provide evidence satisfactory to the Division that the Recipient has obtained the necessary property rights and water rights, including a supplemental legal opinion satisfactory to the State Water Board's counsel that the Recipient has sufficient property rights in the Project property for the purposes contemplated under this Agreement as well as sufficient water rights for the Project and the continued operation of the System.

D.6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE.

The Recipient shall comply with all applicable laws and regulations for the Project, including CEQA. No construction may proceed unless and until the State Water Board completes its own CEQA findings and gives authorization to proceed with construction. THE STATE WATER BOARD EXPRESSLY

WITHHOLDS APPROVAL OF ANY CONSTRUCTION OR CONSTRUCTION-RELATED ELEMENT OF

THE PROJECT AND THE RELEASE OF FUNDS ASSOCIATED WITH THAT CONSTRUCTION OR

CONSTRUCTION-RELATED ELEMENT OF THE PROJECT UNTIL COMPLETION OF THE CEQA

PROCESS, INCLUDING THE STATE WATER BOARD MAKING ITS OWN FINDINGS UNDER CEQA IF APPLICABLE. PROCEEDING WITH THE BID SOLICITATION PROCESS, EQUIPMENT

PROCUREMENT, PURCHASE OF LAND OR OTHER PROPERTY RIGHTS, AND/OR CONSTRUCTION

PRIOR TO RECEIVING AUTHORIZATION FROM THE DIVISION MAY RENDER THE PROJECT

INELIGIBLE FOR FUNDING AND MAY BE GROUNDS FOR IMMEDIATE TERMINATION OF THE AGREEMENT. Any funds in the preliminary award notification or this Agreement linked to the construction element of the Project are for encumbrance purposes only and will be reviewed after the State Water Board makes any necessary CEQA findings. The appropriate environmental review under CEQA must be complete before the State Water Board determines whether to approve funding for construction of the Project or for any site acquisition (purchase of land, etc.) associated with the Project.

If the Recipient is the CEQA lead agency for the project, when the CEQA review process is complete, the Recipient shall file a CEQA Notice of Determination or Notice of Exemption for the Project at both the applicable County Clerk’s office and at the Governor’s Office of Planning and Research, State Clearinghouse.

D.7 TECHNICAL SPECIAL CONDITIONS.
a. If any requirements are specified in the Division’s written bid solicitation approval(s) or Final Budget Approval(s) for the Project, the Recipient shall comply with all such requirements. b. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division’s Project Manager. c. The Recipient shall submit its professional engineering services contract(s) to the Division for approval prior to disbursement of funds for costs incurred under such contract(s). d. The Recipient acknowledges and understands that the eligible purchase price for the Del Oro Grandview Gardens District (5400666) and Del Oro East Plano District (5400767) water systems is subject to Division approval based on appraisal(s) received. e. The Recipient must submit a final water system consolidation agreement with Del Oro Water Company, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for construction costs. f. The Recipient shall not solicit bids, award a contract, or commence construction activities until Environmental Clearance is finalized by the Division.
g. The Recipient shall not solicit bids, award a contract, or commence construction activities until Financial Clearance is finalized by the Division.
h. The Recipient shall provide evidence satisfactory to the Division that the Recipient has obtained the necessary Local Agency Formation Commission and California Public Utilities Commission approvals City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
to proceed with the Project, and shall submit a supplemental legal opinion incorporating this approval in a form satisfactory to the Division’s counsel, prior to the Division’s bid solicitation approval. i. The Recipient must submit a final water system consolidation agreement with Del Oro Water Company, in a form satisfactory to the Division and the Division’s counsel, and receive written approval from the Project Manager prior to approval of bid solicitation and disbursement of construction costs.
j. The Recipient shall not proceed with bid solicitation, and no construction costs may be reimbursed under this Agreement, until the Recipient has provided evidence satisfactory to the Division that the Recipient has obtained the necessary easements, rights-of-way, and/or property for the purposes contemplated in this Agreement, and has provided a supplemental legal opinion satisfactory to the Division’s counsel, and has received approval from the Division. k. Prior to construction, the Recipient shall demonstrate that all mandatory Technical, Managerial, and Financial (TMF) elements have been addressed to the satisfaction of the Division. l. Prior to the Project Completion Date, the Recipient shall demonstrate that all necessary Technical, Managerial, and Financial (TMF) elements have been addressed to the satisfaction of the Division. m. The Recipient acknowledges the provisions of California’s Water Measurement Law (California Water Code, Division 1, Chapter 8, commencing with Section 500), and the Recipient agrees to commence charging, not later than one year following Project completion, a volumetric water rate to all customers whose water meters were installed as a component of the Project. n. Prior to completion of the Project, the Recipient shall demonstrate, in a form satisfactory to the Division of Drinking Water, the physical disconnection of existing wells from the potable water system.

D.8 ENVIRONMENTAL SPECIAL CONDITIONS.
a. The Recipient shall not purchase land or equipment specific to the Project, solicit bids for construction of the Project, award a construction contract for the Project, or commence construction unless and until environmental review of the construction project is complete, including all of the following.
i. The CEQA lead agency must have either (1) completed the appropriate CEQA document (negative declaration, mitigated negative declaration, or environmental impact report, etc.) for the Project and filed a Notice of Determination (NOD) with the appropriate County Clerk and with the Governor’s Office of Planning and Research, State Clearinghouse, or (2) determined that the Project is exempt from CEQA, and filed a Notice of Exemption (NOE) with the appropriate County Clerk and with the Governor’s Office of Planning and Research, State Clearinghouse.
ii. The Recipient must have provided all information requested by the Division to complete the Division’s environmental review of the Project.
iii. The State Water Board must have completed its CEQA review and filed either an NOD or an NOE with the Governor’s Office of Planning and Research, State Clearinghouse, for the construction of the Project.
b. The Mitigation Monitoring and Reporting Program adopted by the CEQA lead agency for the Project, if any, pursuant to the CEQA, and approved by the Division, is incorporated by reference, and the Recipient shall comply with the conditions and recommendations therein and shall implement all mitigation measures therein.
c. The Recipient shall make no changes in the Project, construction area, or special conditions, without obtaining the appropriate and necessary prior approval(s) from the State Water Board.

D.9 FINANCIAL SPECIAL CONDITIONS.

1. The Recipient shall provide all information requested by the Division to complete the financial review of the Project prior to the Division providing bid solicitation approval.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D

2. The Recipient shall not award a construction contract for the Project or commence construction unless and until the Division provides a Final Budget Approval, and the following condition is met. a. If the Division determines that Recipient’s water rates are insufficient to cover the operation and maintenance of the Recipient’s water system, including the Project, the Recipient must do the following:
i. Complete a water rate study that is approved by the Division. ii. Adopt water rates satisfactory to the Division prior to Final Budget Approval and disbursement of construction funds. Satisfactory rates must be in effect prior to Completion of Construction. If the Project is bid in phases with Division approval, the Recipient must adopt water rates satisfactory to the Division prior to the first Final Budget Approval, and prior to disbursement of any construction funds. iii. Provide a supplementary opinion of counsel satisfactory to the Division’s counsel affirming that the water rates were properly adopted.

3. If requested by the Division, the Recipient shall submit documentation that the Recipient has established a separate enterprise fund for water service, which shall be used solely for System Revenues and System expenses. The Division may withhold disbursements at its discretion until documentation satisfactory to the Division is submitted.

4. If requested by the Division, the Recipient shall submit audited financial reports on an annual basis, by December 31 of each year, until completion of the Project. The Division may withhold disbursements at its discretion until reports satisfactory to the Division are submitted.

D.10 FUNDS RELATED TO CONTAMINATION.
(a) As a condition precedent to this Agreement and prior to any disbursement for construction costs, the Recipient shall (i) notify the Division of any demands made by the Recipient against third parties for monetary damages, reimbursement of costs, or other relief, including litigation, related to drinking water contamination, including but not limited to contamination by 1,2,3-trichloropropane (1,2,3-TCP), perfluoroalkyl and polyfluoroalkyl substances (PFAS), or other contaminants (Contamination-Related Demands); and (ii) unless waived by the Division, notify and provide to the Division copies of any agreements with third parties (e.g., settlement agreements, consent agreements, etc.) or court or administrative orders arising out of litigation or disputes related to contamination of the drinking water associated with the Project (Contamination-Related Agreements or Orders). (b) After execution of this Agreement, the Recipient shall notify the Division promptly of the new occurrence of any Contamination-Related Demands or Contamination-Related Agreements or Orders.

Upon request, the Recipient shall promptly provide information and copies of documents as requested by the Division.
(c) Unless the Division provides approval to exclude certain funds, the Recipient shall place all funds received as a result of Contamination-Related Demands or Contamination-Related Agreements or Orders (Recovered Funds) into a restricted reserve account, to be used for either Operation and Maintenance costs related to addressing the associated drinking water contamination, or a capital improvement project, other than the Project, that addresses the associated drinking water contamination. Alternatively, upon consent of the Division, the Recovered Funds may be used as match funding for the Project, for Operation and Maintenance costs of the System, or held in a restricted reserve account to support the financial capacity of the System. The Recipient shall provide documentation satisfactory to the Division showing the total amount of Recovered Funds deposited into a restricted reserve account prior to the start of construction. The Recipient shall provide documentation thereafter of any Recovered Funds that Recipient receives. The Recipient may seek reimbursement under this Agreement for costs previously paid by Recovered Funds, but shall place any reimbursement for such costs into a restricted reserve account in accordance with the requirements stated above.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
(d) The amount of this Agreement may be reduced, and disbursements withheld, to offset the amount of any Recovered Funds to avoid double recovery. The Recipient shall ensure that no duplicative reimbursements of costs occur under this Agreement and any past or future judgment, settlement, or order. Noncompliance with these paragraphs (a), (b), (c), or (d) shall be an Event of Default.

D.11 APPOINTMENT OF RECEIVER OR CUSTODIAN.

Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

D.12 RETURN OF FUNDS.

Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, to immediately return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement and pay interest at the highest legal rate on all of the foregoing.

D.13 OPERATION AND MAINTENANCE.

The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the Project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

D.14 INSURANCE.

The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System/Project) as are usually covered in connection with systems similar to the System/Project. Such insurance may be maintained by a selfinsurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program.

In the event of any damage to or destruction of the System/Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System/Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens.

Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
D.15 CONTINUOUS USE OF PROJECT; NO LEASE, SALE, TRANSFER OF OWNERSHIP, OR DISPOSAL OF PROJECT.

The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

D.16 NOTICE.

Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
(a) Within 24 hours, the Recipient must notify the Project Manager by phone and by email and the Division by phone at (916) 327-9978 and by email,
[email protected], of any discovery of any potential tribal cultural resource, archaeological or historical resource, or human remains in the Project area. If there are any applicable provisions of a mitigation, monitoring and reporting program adopted for the project, the Recipient shall comply with such provisions. The Recipient must coordinate with the Division to determine the appropriate course of action necessary to mitigate potential impacts. In the event of the discovery of human remains during construction of the Project, the Recipient shall cease construction and take other action required by any applicable laws, which may include but are not limited to Health and Safety Code, section 7050.5 and Public Resources Code, section 5097.98. (b) The Recipient must notify the Division and Party Contacts promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; v. A proceeding or action by a public entity to acquire the Project by power of eminent domain. vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence, or any judgment or court order relating to such litigation that has a significant effect on the Project or the System; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change; xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; xiii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act. xiv. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xv. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division;
xvi. Any event requiring notice to the Division pursuant to any other provision of this Agreement; xvii. The award of the prime construction contract for the Project; and the initiation of construction of the Project; and
xviii. Completion of Construction, and Project Completion.

D.17 FRAUD, WASTE, AND ABUSE.

The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to Reimbursement Requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.) D.18 DISPUTES.

The Recipient must continue with the responsibilities under this Agreement during any dispute. The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

D.19 EXECUTIVE ORDER N-6-22 — RUSSIAN SANCTIONS.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.

The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

3. Direct support to the government and people of Ukraine.

D.20 STATE CROSS-CUTTERS.

Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project Costs for the term of the Agreement:

City of Porterville
Project No. EDWG-5410010-019C
Agreement No.: D2202050

Exhibit D
The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq.

Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.

Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.

Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code.

Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.

Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).

Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.

Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002.

Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.

Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.

The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5.

RESOLUTION NO. 74 -2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE DEFINING

OBJECTIVES AND POLICIES FOR ANNEXATIONS AND MUNICIPAL SERVICES WHEREAS: The City of Porterville established a policy concerning annexation and provision of municipal services in 1986, noting that "the City, in order to grow for reasons of economies of scale and quality of services must expand its boundaries within reason, generally encourages the owners of properties contiguous to the city of Porterville to annex to said City of Porterville"; and
WHEREAS: Since 1990, the population of the city of Porterville has increased 53% according to the California Department of Finance, and the land area of the city proper has increased by 38% according to City annexation records; and WHEREAS: The City of Porterville accepts its responsibility to provide municipal services to those residents, businesses, and other land uses within the limits of the city. The City of Porterville has taken the position that the costs of all physical improvements within the city have been paid by property owners, and other taxes derived in the city, and, therefore, these same people should not be required to bear the expense of additional physical improvements needed to serve newly annexed areas.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby define the following objectives related to annexations and municipal services:

1. To promote orderly development while discouraging urban sprawl, preserving open space and prime agricultural lands, and efficiently extending government services.

2. To honor the City's fundamental responsibility to provide efficient and sustainable public services to the inhabitants of the city, and where appropriate, to provide those services beyond the limits of the city within the Urban Development Boundary, and only in extreme cases to those properties beyond the Urban Development Boundary within the Urban Area Boundary.

3. To provide for land development and growth in a manner consistent with the General Plan, particularly as it relates to land use and circulation.

4. To consider an application upon its own merits, and identify what benefits would accrue to the City as an agency and service provider, to the residents of the city of Porterville, and to the applicant.

5. To identify the problems involved in any proposal considered for annexation or request for extra-territorial services and resolve them in the manner most beneficial to the properties within the city of Porterville. .

6. To develop factual information to permit informed discussion between City representatives and property owners/residents of unincorporated territories.

BE IT FURTHER RESOLVED, that the City Council of the City of Porterville does hereby establish the following policies for consideration of annexations and municipal services:

1. It shall be the policy of the City of Porterville to consider annexation proposals only within the Urban Development Boundary, which is defined as the City of Porterville Annexation Boundary, as adopted by Tulare County Local Area Formation Commission (LAFCo).

RESOLUTION NO. _____7_5._-2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ESTABLISHING PROCEDURES FOR ANNEXATIONS AND EXTENSION OF

MUNICIPAL SERVICES
WHEREAS: The City Council of the City of Porterville, acknowledging that over time policies and procedures must be evaluated and reconsidered in light of changes to the regulatory environment and physical setting of the community, adopted a resolution defining objectives and policies for annexations and municipal services; and
WHEREAS: The evaluation of applications and service requests has long been delegated to staff, a practice that has the potential to lend itself to inconsistent implementation of succinctly defined procedures; and
WHEREAS: Local, regional, and state laws have changed since the Council's last review of policies and procedures related to annexations and extension of municipal services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby define procedures to submit application for annexations and municipal services, and to have said application(s) processed as outlined in Exhibit "A," attached.

PASSED, APPROVED AND ADOPTED this 2I5t day of October, 2014.

ATTEST: I
Clerk
By: ---\::::;;;,,-L...-N/$- -----''---------
P at rice Hildreth, Chief Deputy City Clerk

RESOLUTION NO. 38 -2015

A RESOLUTION OF APPLICATION BY THE CITY OF PORTERVILLE REQUESTING

THAT THE LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR ANNEXATION 474
WHEREAS, the City of P01ierville desires to initiate proceedings pursuant to the C01ieseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for Annexation 474; and WHEREAS, the territory proposed to be annexed to the city totals approximately 96.3 acres, is substantially developed, surrounded, and is inhabited, and a description of the external boundary of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and
WHEREAS, this proposal is consistent with the Sphere of Influence for the affected city; and
WHEREAS, notice of this proposal was published in a newspaper of general circulation, The Porterville Recorder, and individually mailed to all property owners within and within a 300- foot radius surrounding the subject areas on March 14, 2015, which is 25 days in advance of the scheduled public hearing; and
WHEREAS, this proposal is made pursuant to Sections 56654 and 56375.3 of the California Government Code, inasmuch as

1. the subject territory does not exceed 150 acres in area

2. the territory constitutes an individual unincorporated island

3. the territory is substantially surrounded by the City of Porterville

4. the territory is substantially developed or developing

5. the territory is not prime agricultural land as defined by Section 56064

6. the territory will benefit from the change of organization and some properties within the territory already receive benefits in the form of utilities and services from the City of Porterville; and
WHEREAS, the reasons for this proposal are as follows:

1. To create a more definitive and organized city boundary. The City surrounds more than a square mile of islands as defined in §56375.3 of the Government Code. In the recently approved Municipal Services Review (Tulare LAFCo, October 1, 2014 ), LAFCo recommended that the City continue to pursue the annexation of the remaining County islands, as administratively feasible, to establish a more definitive and organized city limit boundary.

2. To efficiently provide government services in a manner consistent with the City's Annexation and Municipal Services Objectives, Policies, and Procedures (Resolutions 74-2014 and 75-2014). In light of the City's and LAFCo's policies,

Item No. 7.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Approval to Renew Adobe Acrobat Pro and Adobe Creative Cloud Subscriptions
SOURCE: Finance
COMMENT: The Information Technology (IT) Division is requesting approval to renew the Adobe Acrobat Pro and Adobe Creative Cloud subscriptions, a comprehensive software application to create, edit, and modify Portable Document Format (PDF) files efficiently. One of its key features is Optical Character Recognition (OCR), which ensures compliance with ADA requirements by making scanned documents accessible and searchable. Additionally, Adobe Pro allows for the creation of fillable forms, streamlining data collection processes and reducing paper usage.

This software is an essential resource for maintaining operational efficiency and accessibility.

Staff received the following quotes for 68 licenses for Adobe Acrobat Pro and 1 license for Adobe Creative Cloud All Apps:

Vendor Price
CDW-G $7,322.23
StrictlyTech $7,322.23
GovConnection $7,838.53
The quote from CDW-G is for a one-year term for a total of $7,322.23.

Staff's request is to purchase the Adobe Acrobat Pro and Adobe Creative Cloud All Apps from CDW-G, a vendor we currently use for this subscription and other similar products and services. Funding is available from the Departments' operating budgets.

RECOMMENDATION: That the City Council approve the renewal of Adobe Acrobat Pro and Adobe Creative Cloud from CDW-G for a
term of one year in the amount of $7,322.23.

ATTACHMENTS: 1. CDW-G Quote

2. StrictlyTech - Quote

3. GCI - Quote
Item No. 7.

Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Hardware Software Services IT Solutions Brands Research Hub

QUOTE CONFIRMATION
Thank you for choosing CDW. We have received your quote.

ROBERT CAMPOS,
Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

For all other customers, click below to convert your quote to an order.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL PGMM050 1/14/2025 ADOBE RENEWAL 0657199 $7,322.23

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
Adobe Acrobat Pro for enterprise - Subscription Renewal - 1 user 64 7245814 $95.07 $6,084.48 Mfg. Part#: 65324170BC09A12
Electronic distribution - NO MEDIA
Contract: Sourcewell 121923 CDWG-Software (121923)
Adobe Creative Cloud All Apps - Pro for enterprise -
Subscription Renewal -
1 8000255 $857.47 $857.47
Mfg. Part#: 65310105BC09E12
Electronic distribution - NO MEDIA
Contract: Sourcewell 121923 CDWG-Software (121923)
Adobe Acrobat Pro for enterprise - Subscription New - 1 user 4 7135049 $95.07 $380.28 Mfg. Part#: 65324113BC09A12
Electronic distribution - NO MEDIA
Contract: Sourcewell 121923 CDWG-Software (121923)
SUBTOTAL $7,322.23
SHIPPING $0.00
SALES TAX $0.00
GRAND TOTAL $7,322.23

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Payment Terms: NET 30-VERBAL
Shipping Address:

CITY OF PORTERVILLE
PURCHASING DIV.
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Phone: (559) 782-7451
Shipping Method: ELECTRONIC DISTRIBUTION

Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Tommy Baxter | (312) 705-0246 | [email protected]

LEASE OPTIONS

FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION
$7,322.23 $212.42/Month $7,322.23 $242.22/Month
Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change.

Why finance?
• Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles.
• Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease.
• Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility.

General Terms and Conditions:

This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.

Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.

Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term.

Need Help?
My Account Support Call 800.800.4239
About Us | Privacy Policy | Terms and Conditions
This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager.
© 2025 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Quotation
Number: 30312
Date: 01/14/2025
Quote prepared for: Robert Campos
Bill To:

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

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 65324170BC09A12 GOV 12MO SUB REAL ACRBT PRO ENT MP LGA L9 10000+ Mfr:
$ 95.07 64 $ 6,084.48
*2 65310105BC09E12 12MO SUB RNWL CREATIVE CLOUD ALL APPS-EDITION 4 ENT MPLAT LGA-L9
Mfr:
$ 857.47 1 $ 857.47
*3 65324113BC09A12 GOV 12MO SUB ACRBT PRO ENT MP LGA L9 10000+ Mfr:
$ 95.07 4 $ 380.28
3 item(s) Sub-Total $ 7,322.23
Tax @ 0% $ 0.00
Freight $ 0.00
Total $ 7,322.23
(*) Tax exempted Part(s)
Quote Valid Until: 02/13/2025
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 541519, 334111
Unique Entity ID (SAM): DEGDRGZ32898
Terms and Conditions
.

Prepared by: Brandon Cullen Email: [email protected] Phone: 954-606-5440 Mobile: 304-240-9918 Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 1/15/2025
Valid Through: 2/14/2025
Account #: Tulare
Customer Contact: Robert Campos Phone: (559) 782-7432
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs Net 30 SOURCEWELL #121923 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 6C6E11F98CFF5F13BD7A $ -
2 64 41661615 65324170BC09A12
Govt. VIP Acrobat Pro Enterprise
Subscription Renewal Monthly Net New 1
User LGA Level 9 10000+ 12 M
-
Adobe - VIP Gov
Renewals $ 103.02 $ 6,593.28
3 1 41821028 65310105BC09E12
Govt. VIP Creative Cloud All Apps -
Edition 4 Enterprise Sub Renewal Monthly
1 User LGA L9 12M
-
Adobe - VIP Gov
Renewals $ 842.05 $ 842.05
4 New $ -
5 4 41519763 65324113BC09A12
Govt. VIP Enterprise Acrobat Pro New
LicSub 1 User Lvl 9 10,000+ 12M
-
Adobe-Vip Govt $ 100.80 $ 403.20
Subtotal $ 7,838.53
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax Exempt!
Total $ 7,838.53
(559) 782-7456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 121923. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25718064.01
732 Milford Road PLEASE REFER TO THE ABOVE QUOTE #
Merrimack, NH 03054 WHEN ORDERING

CITY OF PORTERVILLE
US
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257 US

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
SOURCEWELL Contract # 121923
Contract Expiration: 27 February 2028
Please contact your account manager with questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

PO Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
Delivery Time: 1-30 DAYS ARO
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 121923. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one: https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Notice on Tariff Tax Impacts: Please be aware that the pricing shown in this quote is potentially subject to change at time of order placement due Federal Government tax law changes resulting in increases in Tariff’s assessed on imports and exports, which are outside our control and the control of our suppliers. Please confirm pricing with your Account Manager prior to order placement.

We apologize for this inconvenience.

Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization to Renew Contract for GIS Imagery Base Mapping SOURCE: Police
COMMENT: Staff is seeking the City Council's authorization to renew our contract agreement with Nearmap for a 3-year term at a cost of $11,400 per year for online access to all Nearmaps. The program contains current, historical, and refreshed aerial imagery with 3D content for mapping purposes for the city, along with information that can be utilized for public safety, including emergencies, other critical situations, and geographic information system (GIS) support. The Police Emergency Communications Center currently uses the imagery to provide information to public safety personnel in the field for both Police and Fire. Information from the imagery is used to identify potential safety hazards and other obstacles for law enforcement and fire-related incidents.

This software provides high-resolution digital imagery, 3-dimensional images of buildings, roads, vegetation, landmarks, and land topography that are available to all staff as well as emergency service agencies, and to the general public through the City’s location platform. The utilization of imagery is a vital support mechanism for departments and agencies providing location intelligence, at all levels of the organization, to inform decisions, manage assets, engage customers, support service delivery, and drive innovation. High-resolution imaging and mapping of the city support many critical workflows and collaborations which require consistent and up-to-date information across departments and within the Porterville community.

The expense for the 3-year term is at a cumulative cost not to exceed $34,200, inclusive of all services outlined in the agreement, and allows for a ten percent (10%) contingency. Funding for the Nearmap implementation will be made available through the Police Department and Public Works operating budgets.

RECOMMENDATION: That City Council authorize the City to renew a 3-year term Contract Agreement with Nearmap to continue the use of
referenced imagery utilized by the City's GIS network of software at a cost not to exceed $34,200, inclusive of all services outlined in the agreement and allow for a ten
percent (10%) contingency.

ATTACHMENTS: 1. Quote for City of Porterville, CA - 3 Year Renewal Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Jason Ridenour, Interim City Manager

RENEWAL QUOTE
Nearmap US, Inc.
1850 W Ashton Blvd, Suite 500
Lehi, UT 84043, USA
Phone: +1 (801) 609 7250
*The Total includes applicable sales tax for the state which the Licensee is located. If an exemption from sales tax is applicable to the Licensee, the Licensee shall provide to Nearmap, in accordance with state law, relevant tax-exemption documentation. It will be the responsibility of the Licensee to ensure proof of tax-exempt status remains current for subsequent renewals of the Agreement.

Customer Name City of Porterville, CA Quote Number Q107260 Contract Commencement Contract commences upon
signing of quote.

Quote Expiry 01/31/2025
Subscription Term 36 Month Account Rep Lucy Biles
[email protected]
Subscription Start Date 01/26/2025 Payment Term Net 30
Public Facing URL https://porterville.maps.arcgis.co
m/apps/webappviewer/index.ht
ml
Payment Method Invoice
Bill To City of Porterville, CA
Rachel Ginsberg
291 North Main Street,
Porterville, California, 93257
559-791-7875
[email protected]
Ship To City of Porterville, CA
Rachel Ginsberg
291 North Main Street,
Porterville, California, 93257
559-791-7875
[email protected]

PRODUCT ALLOWANCE COVERAGE SEATS
3D Viewer NA Nationwide NA
Nearmap Vertical Offline Copy - Subscription NA Nationwide NA ArcGIS Integration NA NA NA
Nearmap Oblique for ArcGIS NA Nationwide NA
Nearmap Oblique for Government NA Nationwide Unlimited
Subtotal $34,200.00
*Estimated Tax $0.00
Total USD $34,200.00
ACCEPTANCE OF Q107260 will constitute an Agreement with Nearmap By selecting “Yes” or signing below, you acknowledge that (a)(i) the Additional Terms and Conditions of the previous Agreement between the Licensee and Nearmap applies to this Renewal Quote, unless otherwise specified in Schedule 1 of this Renewal Quote, and (ii) the Product-Specific Terms set out in https://www.nearmap.com/us/en/legal/product-agreements applies to this Renewal Quote, (b) you have the authority to agree to this Renewal Quote, (c) you agree to pay the fees set forth herein. You acknowledge that the Coverage Area by Nearmap is outlined at https://www.nearmap.com/us/en/current-aerial-maps-coverage.

Note: The terms of your Agreement remain the same unless varied by this Renewal Quote. The total in this Renewal Quote is only an estimate of your next invoice. Final credits and amendments to the subscription is dependent upon the date this Renewal Quote is accepted.

Signature / Digital Acceptance: \_1_QuoteAccepted Date: \d1\ Full Name: \tbx_1_Name\ Position: \tbx_1_Position\
PO Number (if required): \_1_PON
If printed, please sign, scan and email to: [email protected] Schedule 1
Additional Terms and Conditions

1. Notwithstanding the “Payment Term” section on the Quote, the License Fee is $34,200.00 (excl. Taxes) for the Term of the Agreement, payable by the Licensee to Nearmap in three (3) installments, as follows:

Year 1: $11,400.00
Year 2: $11,400.00
Year 3: $11,400.00
For the avoidance of doubt, each invoice will be due thirty (30) days from the date of invoice Item No. 9.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of License Agreement Renewal Between the City of Porterville and Community Services Employment Training CSET SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville currently leases the Santa Fe Depot, located at 280 N. Fourth Street, from the Tulare County Housing Authority. The City has had an agreement with Community Services Employment Training (CSET) since 2014, to provide programming at the Santa Fe Depot in conjunction with Kings/Tulare Area Agency on Aging (K/T AAA). CSET is currently under contract with K/T AAA to provide the regular senior citizen meal program, as well as senior services commensurate with services provided elsewhere in the K/T AAA service area. CSET staffs the facility to administer the daily meal program, provide arts and crafts classes, conduct special events, and offer other recreational, social, and cultural opportunities.

The current license agreement between the City and CSET expires in January 2025. CSET has expressed their interest in renewing the license agreement. A few key points of the agreement include: CSET shall have exclusive use of the Santa Fe Depot weekdays 8:00 AM - 5:00 PM for food services and programs; CSET shall provide regular senior citizen meal programs; CSET shall be responsible for the cleanliness of all areas utilized inside the building; and the City shall have exclusive use of the Santa Fe Depot when not in use by CSET.

Staff has been pleased with the partnership with CSET and the wide array of services they have provided to the seniors over the past eleven years. On December 5, 2024, the Parks and Leisure Services Commission voted unanimously to recommend the license agreement renewal between the City and CSET for an additional three years.

The City's agreement with K/T AAA expires in September 2025, and will be brought before the City Council for renewal consideration. It is anticipated that K/T AAA will request an increase to the annual amount requested for program costs from the previously contracted amount of $14,000 due to the increase in expenses experienced by the program.

Item No. 9.

RECOMMENDATION: That the City Council approve the license agreement renewal with CSET for an additional three years, and
authorize the Mayor to execute the agreement.

ATTACHMENTS: 1. CSET Agreement Santa Fe Depot 2025
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager

PROPERTY LICENSE AGREEMENT
AND

AGREEMENT CONCERNING RIGHTS AND OBLIGATIONS

OF THE PARTIES
Parties

1. This license agreement is entered into by and between Community Services Employment Training (“CSET”), licensee, and the City of Porterville (“CITY”), licensor.

Description of Property

2. CITY is the lessee of certain real property situated in the City of Porterville, and more particularly described as the Porterville Santa Fe Depot (“Depot”) located at 280 N. 4th Street, Porterville, California.

Grant of License

3. In consideration for and in accordance with the terms and conditions of this agreement, CITY grants CSET a license to perform the following acts on the Property:
a. CSET shall have exclusive use of the Santa Fe Depot Monday-Friday of each week between the hours of 8:00 a.m. and 5:00 p.m. for food services and programs.
b. CSET shall provide regular senior citizen meal programs, in compliance with California Department of Aging food service guidelines, and services commensurate with services provided elsewhere in the Kings/Tulare Area Agency on Aging (KTAAA) service area. This is based on KTAAA’s annual contract renewal with CSET.
c. CSET shall be responsible for the cleanliness of all areas utilized including the restrooms, and for stocking the restroom with paper products during and after use.
d. CITY shall have exclusive use of the Santa Fe Depot when not in use by CSET.
e. CITY shall schedule all activities in the Santa Fe Depot aside from CSET’s programs. CSET and CITY shall submit a monthly usage calendar to each other by the end of the month for usage in the upcoming month.

Other Rights and Obligations

4. The following incidental rights and obligations accompany the License and the use of the property:
a. CITY currently leases said property from Tulare County Housing Authority for the annual sum of Two Thousand Dollars ($2,000.00) payable in advance annually to the Housing Authority of the County of Tulare; provided that each year said rent shall be increased by three percent (3%). The Tulare County Housing Authority is not a party to this Agreement.
b. CSET shall pay CITY the cost of utilities, refuse service, and pest control incurred by CSET usage. This amount will be reviewed and billed by the City and paid by CSET on a monthly basis, or as otherwise agreed by the parties. c. CSET shall have full and exclusive management authority over the program areas during the times of program use, and shall assume full responsibility for the timely cleaning of all areas used after all Licensee activities. d. CSET shall provide an insurance certificate naming the City, and the Tulare County Housing Authority as additional insureds. CSET agrees to procure and maintain in force throughout the term of this Agreement at insurance policies insuring Licensee and the City against public liability and property damage in the following minimum amounts, to wit:

1. Comprehensive form of general liability insurance, personal injury liability
and property damage, and naming the City of Porterville, its officers, employees, agents and assigns, as additional insured, in at the following amounts:
a. Bodily insurance, including death to one or more persons, each occurrence:
$21,000,000.00 per occurrence. Prior to commencement of the term of this Agreement, Licensee shall provide Licensor with and original Certificate of Insurance, together with a signed endorsement naming the Licensor as Additional Insured and acknowledging that thirty (30) days written notice of cancellation or material change shall be given Licensor.

All insurance shall be carried with insurance companies having a Best rating of not less than A:VII, and which are admitted and authorized to do business in the State of California by the Insurance commissioner of California. A renewal policy shall be procured not less than ten (10) days prior to the expiration of any such policy. The policies of insurance as above provided, or certificates of the insurers evidencing insurance carried, shall be deposited with the City Clerk of the City immediately upon the execution of this Agreement. Should the required insurance coverage, for any reason whatsoever, be canceled, the insurer is required to provide the City with thirty (30) days notice of such cancellation.
e. CSET shall be responsible for interior modifications to accommodate their programs, but said modifications shall not be made without the prior written consent of the City.
f. CSET shall be responsible for repair of any damages incurred during CSET usage of the building, including CITY owned items.
g. CITY shall provide facility management oversight, routine building and grounds maintenance, utility services, and schedule use of the building. h. CITY and CSET shall meet annually to address any concerns and coordinate schedules.
i. CITY shall facilitate, with Housing Authority of the County of Tulare, major building and property repairs, including repair and replacement of building equipment and fixtures, and repairs to the roof, plumbing, heating, ventilation, electrical and air conditioning systems.
j. CSET shall promptly and completely observe, comply with, and conform to all present and future applicable federal, state, and local laws, requirements, and standards in the operation and use of the License and the premises, and its programs on this premises. This includes, but is not limited to, State and Federal discrimination and disability laws and regulations. A determination by CITY that there is an apparent failure to comply with this Section is grounds for immediate termination of this License by CITY, and any notice requirements required pursuant to this Agreement shall not apply. i. In exercising these rights and obligations, CSET must use reasonable care and may not unreasonably increase the burden on the Property.

In exercising these rights and obligations, CSET must use reasonable care and may not unreasonably increase the burden on the Property. k.

License Non-assignable

5. This License is personal to the licensees and shall not be assigned. Any attempt to assign the License shall automatically terminate it. No legal title or leasehold interest in the Property is created or vested in licensees by the grant of this License.

Term of License

6. This License shall commence January 222, 20250, and terminate January 212, 202825. The parties may agree to extend this Agreement, with the terms of said Agreement to be reviewed and adjusted as the parties deem to be appropriate prior to renewal.

6. Termination of License

7. Notwithstanding the above-referenced term, either party may terminate this Agreement with at least 90 days prior written notice. On or before the termination date for this License, CSET shall remove all of their personal property from the Property and shall leave the Property to CITY in good order and repair to the reasonable satisfaction of CITY, normal wear and tear excepted.

Default

8. In the event CSET fails to comply with any of the material terms of this Agreement, in addition to any and all other remedies available under the law, this License may be revoked by CITY, upon CSET’s receipt of written notice of the violation and its failure to cure within ten (10) days. More time may be granted for the cure of any violations if agreed to in writing by the parties.

Termination

9. CSET understands that CITY has leased the premises from Tulare County Housing Authority, and said sublease is not scheduled to expire during the term of this Agreement. However, in the event the property is no longer available to CITY, the License herein granted shall cease to be in effect, and the parties’ obligations to each other under this Agreement also cease.

Indemnification

10. To the fullest extent permitted by law, CSET shall hold harmless, defend (with counsel approved by the City) and indemnify CityITY and its officers, officials, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Licensee and its employees, agents, subcontractors, and/or volunteers CSET’s performance of its obligations under this agreement or out of the operations conducted by CSET, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CSET’s performance of this agreement, CSET shall provide a defense to the City indemnitees, or at the CITY’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsel’s fees, incurred in defense of such claims. , except where and to the extent caused by the active negligence, sole negligence or willful misconduct of the City. The provisions of this section survive completion of the services or the termination of this Agreement. The provisions of this section are not limited by the provisions of this Agreement relating to insurance.

Entire Agreement

11. This agreement constitutes the entire Agreement between CITY and CSET relating to the License. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by all parties named above.

Miscellaneous

12. The parties agree that this Agreement is entered into and is to be performed in Tulare Country, California and to the fullest extent permitted by law waive the removal provisions of California Code of Civil Procedure Section 394.

13. Each party and its legal counsel have participated fully, or had the opportunity to participate fully, in the review and revisions of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

14. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in the Litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to its cost for the litigation including expert witness fees and a reasonable sum as and for its attorney’s fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

15. Failure on the behalf of the LICENSOR to insist on strict performance of the covenants, terms, stipulations, agreements and conditions of the License shall not be construed as a waiver by the LICENSOR of any of its rights hereunder, or as a waiver or a relinquishment of the strict future performance of the covenants, conditions and agreement herein contained, but all and each thereof shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the _______ of _____________, 202519.

COMMUNITY SERVICES EMPLOYMENT TRAINING
______________________
Authorized Representative

CITY OF PORTERVILLE
______________________
Greg MeisterMartha A. Flores, Mayor
ATTEST:
______________________
Jason RidenourJohn D. Lollis, City Clerk

APPROVED AS TO FORM
_______________________
Julia M. Lew, City Attorney
Item No. 10.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Authorization to Award Contract for Two Mini Side Load Refuse Trucks SOURCE: Public Works
COMMENT: On August 20, 2024, the City Council authorized the distribution of RFP No. 24-25-SR1985 to procure two mini side-loader refuse trucks. The City’s transit operations include servicing trash receptacles at 150 transit bus stops and the downtown transit center, which often require frequent servicing due to heavy usage in high-pedestrian and high-ridership areas. Historically, these tasks were performed using larger refuse trucks or pickup trucks with trailers, resulting in higher operational costs and inefficiencies.

To improve efficiency, reduce fuel consumption, and minimize wear on city streets, the Transportation Department proposed acquiring smaller, more maneuverable trucks specifically designed for servicing smaller trash receptacles. The RFP sought vendors capable of supplying vehicles that met the City’s operational requirements. Funding for the project includes a $340,000 Federal Transit Administration (FTA) grant and an $85,000 local match from Local Transportation Funds (LTF), for a total project budget of $425,000.

After receiving responses to the RFP, it was determined that none of the proposals met the independent cost estimate. On October 23, 2024, staff issued a Best and Final Offer (BAFO) request. Despite this effort, the bids exceeded the project’s budget.

On November 19, 2024, the City Council rejected all bids and directed staff to reissue the RFP with updated specifications. These revisions aimed to attract competitive bids that align with operational needs and budgetary constraints while complying with federal procurement standards.

Following the reissue of the RFP, the City received the following three proposals:

Vendor Total Cost
Truck and Parts Tampa, LLC $390,075 (including sales tax) Ray Gaskin Service $406,456.52
Item No. 10.

Triple Velocity Automotive $417,498.50
Trucks and Parts Tampa, LLC submitted the lowest bid at $390,075, including sales tax and DMV fees. Key features include a 2024 Isuzu NRR chassis with an 8-yard Curbtender Tomcat manual side loader; equipped with LED hopper lights, strobe lights, compatibility with Big Belly receptacles, and a delivery lead time of 10 days after order placement. While Trucks and Parts Tampa, LLC offers immediate delivery, the lack of dual-steer functionality presents a critical safety concern, outweighing the benefits of faster implementation.

Ray Gaskin Service proposed a qualified bid of $406,456.52. Key features include a 2025 Isuzu NRR chassis with an 8-yard Curbtender Tomcat manual side loader; dual-function tipper, equipped with LED hopper lights, dual steer conversion for both left-hand and right-hand drive, and a delivery lead time of 150 days after order placement. While Ray Gaskin Service’s 150-day delivery timeline is longer than the immediate availability offered by Trucks and Parts Tampa, LLC, the inclusion of dual-steer functionality provides critical safety advantages that justify the wait and additional cost.

Triple Velocity Automotive proposed a qualified bid of $417,498.50. Key features include a 2025 Chevrolet LCF chassis with 8-yard Curbtender Tomcat manual side loader, dual-function tipper, LED lights, and a delivery lead time of 360 days after order placement. Its high cost and lengthy delivery time makes this proposal less advantageous.

Staff recommends Ray Gaskin Service due to the inclusion of dual-steer functionality, which aligns with the City’s safety priorities and reduces operational risks in high-traffic environments, at a total project cost of $406,457. The project funding includes $325,166 from the Federal Transit Administration, Grant # 2024-6260-2, and $81,291 from local transportation funds.

RECOMMENDATION: That the City Council:

1. Authorize the award of the contract to Ray Gaskin
Service for two mini side-load refuse trucks in the amount of $406,457; and

2. Authorize the Transportation Director to execute the agreement.

ATTACHMENTS: 1. Staff Report - August 20, 2024

2. Staff Report - November 19, 2024

3. Ray Gaskin Service Proposal

4. Trucks and Parts Tampa, LLC Proposal

5. Triple Velocity Automotive Proposal
Item No. 10.

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 6.

CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Two Mini Side Loading Refuse Trucks
SOURCE: Public Works
COMMENT: The City’s current transit operations include servicing trash receptacles at 150 transit bus stops and the downtown transit center. These receptacles often require frequent servicing due to high usage, particularly in areas with heavy pedestrian traffic and high ridership. In the past, this task was either performed using larger refuse trucks or using pickup trucks and trailers.

To improve efficiency and reduce operational costs, the Transportation Department proposes the acquisition of two mini refuse trucks specifically designed for servicing smaller trash receptacles. These smaller, more maneuverable trucks will allow for easier access to bus stop areas, reduce fuel consumption, and minimize the impact on city streets.

The proposed RFP will seek vendors who can supply mini refuse trucks that meet the city’s operational requirements. The RFP will include specifications for the trucks, including size, capacity, fuel efficiency, and durability. Proposals will be evaluated based on cost and compliance with the City’s specifications.

The Independent Cost Estimate (ICE) for the project is $400,000. Funding is sourced from a Federal Transit Administration (FTA) grant amounting to $320,000. A local match of $80,000 is required, which will be covered by Local Transportation Funds (LTF). These funds have been appropriated in the FY 2024-2025 Budget. The negotiated contract will be presented to the Council for final approval.

RECOMMENDATION: That the City Council:

1. Approve the draft Request for Proposals;

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

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

ATTACHMENTS: 1. Draft Request for Proposals - Mini Side Load Refuse Truck Appropriated/Funded:

Item No. 6.

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 5.

CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Reject All Bids for Mini Side Load Refuse Truck RFP No. 24-25-SR1985 and Reissue with Revised Specifications SOURCE: Public Works
COMMENT: On August 20, 2024, the City Council authorized the distribution of RFP No. 24-25-SR1985 to procure two mini-auto side-loader refuse trucks to enhance refuse collection at high-usage transit bus stops and the downtown transit center. The RFP aimed to secure vehicles that could improve efficiency, reduce fuel consumption, and operate effectively in confined areas. The engineer's estimate for the project was set at $400,000, funded in part by a $320,000 Federal Transit Administration (FTA) grant with an $80,000 local match covered by Local Transportation Funds (LTF).

After reviewing the proposals, it was found that none of the submitted bids met the engineer’s estimate. A Best and Final Offer (BAFO) request was issued on October 23, 2024, to give vendors an opportunity to adjust their bids. However, no proposals were received within the budgeted engineer's estimate, even after considering possible adjustments such as left-hand steer-only configuration and alternative chassis and body options.

Following the evaluation process, staff identified several challenges, prompting the recommendation to reject all bids:

1. Budgetary Constraints: All proposals, even after the BAFO process, exceeded the project’s budget, making them financially infeasible within the allocated funds.

2. Specification Revisions Needed: The original specifications may have contributed to higher bid prices. Updating the project specifications could help attract proposals that meet operational needs while aligning with budgetary constraints.

3. Compliance with Federal Requirements: Due to FTA funding, the project must adhere to federal guidelines. The FTA mandates that for procurements of $150,000 or more, recipients must use a competitive sealed bid process unless conditions are not appropriate for its use. This ensures transparency and competitiveness in the procurement process.

Item No. 5.

Staff believes that revised specifications may yield more competitive bids that remain compliant with FTA procurement standards.

To better meet budgetary requirements, staff recommends rejecting all bids and reissuing the RFP with updated specifications. This revision will focus on cost-effective solutions that fulfill the City’s operational objectives within the engineer’s estimate. In addition, rejecting the current bids will have no immediate financial impact.

RECOMMENDATION: That the City Council:

1. Reject all bids submitted for RFP No. 24-25-SR1985; and

2. Direct staff to reissue the RFP with updated project specifications to align with budgetary requirements.

ATTACHMENTS: 1. August 20, 2024 Staff Report

2. RFP 24-25-SR1985 Best and Final Offer
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
14572 RANCHO VISTA DR.

FONTANA, CA 92335
PHONE: 909-574-7000 FAX: 909-574-7005
December 2, 2024
In accordance with City of Porterville request for proposal 24/25 SR1985(Rebid) I am writing this letter. Ray Gaskin Service has been an industry leader in providing refuse equipment to the state of California and its customers for the last 70 plus years. For the past 40 years Ray Gaskin Service has been providing its customers with reliable options in the manual side loader division. Customers including municipalities and private haulers all over the state of California currently run Manual side loaders provided by Ray Gaskin Service and its factory partners. Currently the City of Porterville is running two New Way Sidewinder automated side loaders that were provided by Ray Gaskin Service. Ray Gaskin Service has three service and parts facilities located across California. Locations include Fontana, Bakersfield and Sacramento. Each facility is equipped with service and parts departments to take care of our customers' needs. This allows us to limit down time to our customers and keep trucks on the road. Listed below are a few of our customers that are currently running manual side loaders. On behalf of Ray Gaskin Service, I would like to thank the city of Porterville for the opportunity to quote.

City of Los Angeles- Ron Cole, (213) 840-6078, [email protected], 555 Ramirez St Los Angeles CA 90012
Nick Ottonello- EDCO Disposal, (619) 920-1439, [email protected], 6670 Federal Blvd Lemon Grove CA
City of Redlands- Louie Miranda, (909) 201-9477, [email protected], 1270 W Park Ave Redlands CA 92373
Sincerely,
Bobby Ziello
Sales Manager
,1co~o" CERTIFICATE OF LIABILITY INSURANCE
DATI: (-,o(YYYYY}
02/07/2024
THIS CERllFJCATE IS ISSUED ASA MATIER OF INFORMATION ONLY AND CONFE.RS NO RIGHTS UPOff THE CER11FICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVE.LY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFQRDED BY THE POLICIES BEJ.OW. THIS CERTIFICATE OF INSURANCE DOES NOT CO.NSTITIJ'T'EA CONTRACT BETWEEN THE ISSUfNG INSURER(S), AUTHORIZED .

REPRESEN~TIVE OR PROOUCER, ANO THE CERl1Fl~A'tE'l40l1;>ER:- IMPOR~N~ · 1t the certificate holder Is an ADDITIONAL INSOREO, the pollcy(les) must have A0D1110NAL INSURED proVlslons or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions o.f lhe pollcy, certain pollcles may require an endorsement. A statement on Jhls ·certl~cate does nol confer rights to the certificate holder In lleu of such end01$ement( s). .

PRODUCER . CQN .,,:_' Debbie Andersen NAME: .
f' and I Insurance Services, LLC. PHONE C-• (805) 496-6555 l ,Nl . (805) .t97 -7870 Rs: clandersen@fa!'l(fiinsuranee.eom
.
99 long Ct. .
~
Sulte 201 IN$~RIS) AFFQRDIN!) C0\11,RAGE NAICI
Thousand Oaks CA 91360 lr«lt;IRER A :

Hartford Fire Insurance Company
INSLRED INSUU:RB; Haltford :Accident and Indemnity Company Ray Gaskin Service
. State Compensation Insurance Fund INS\.AER C·: .
14572 Rancho Vista Drive ~e: .

INSLR1:RE:

Fontana CA 92335 . INS\JRER.F : .
. . ,. • . .

THIS IS TO CERTIFY ll+AT THE POLICIES OF INSUR»ICE LiSTEO BELOW HAVE Bl°:EN !$SUED TO THtNSUREO NAMED ~<:NE FOR THE.POLICY PERIOD INDICATED. NOTWlll:iSTANDINGANY REQUIREMENT, TERM OR CONOITIO,I OF ANY CONTRACT OR OTHER OOOJMENT WlH RESPECT TO WilCH THIS CERTIFICATE. MA'( BE ISSUED OR MAY PERTAl"I, THE INSURJINCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO PJ. l THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. llMliS SHC1JIA,l MAY HAVE BEEN REOllCED BY PAID·CLIIIMS. lltf: .. lYPEOFINSU'WICE ' • ,_,,., • POUCYNUolaER ~ ~. .• CAr
L I • f •I
LIMITS
.>.: COMMERCIAL G&IEAAL UABl.lTY E>.Oi ~RENGE: $ 1,000,000 l O.AlMSMAOE [8J ocan
IV KCNIC.U s 300,0QO Pf<El,ISESi Ea ocrurr-col .

MEPEXP(.Allv one-$0/I) $ 10,000
"COVERAGES CERTIFICA"TE NUMBER· 2024-2025/2023-2024 REVISION NUMBER· A 72UUNSV6270 02107/2024 02/07/2025 PERSONAL & AO/ INJJR:1' s 1,000,000 · .

GEN'L AGGREGATE LIMIT APPLIES PER: Gli:NERAL,AGGREGATE $ 2,000,000 :x ro.1CY ~& O toe PRODJCTS. COM'K>P 1-(!,G s 2:000,000 . $
01HER . • ~Lndl 1,000,000 AUTOMORE LIASJ-llY IE,, ~"'denl . $ )< N-NAUTO BOOILY.IN.ll!Y (Per person) $
8 OV-"ED SCH!:CULB) 72\JENOl.1854 02/07/2024 02/07/2025 B<lOILY IN~Y (Ref accli!enl) s AVTOSONI.Y AUTOS
lilRED NON-0\"'4EO ~r~.~GE $
AUTOS Ol'l.Y AUlOS 01-t.Y
$ . ·. . UMBRELLA LIAS Oca.R EAOi OCClllRENCE $
EXCl,SS UAB ClAI.Ms:MAOE AGGREGATE $
oeol . I RETENTION $ $
WORKERS COMPENSATioN iXl~urE I 10lli
Al-,t>-Eli!PLOYERS' l,IASIUlY
ER
YIN
C· ◄"( PROffitET~RTNfR.EXECUTIVE
~ NIA 9266226-2023 12/20/2023 12/,20/2024 EL. EACH ACOOENT $ 1,000,000 OFFiCER/MEMBF.R EXQUOEQ?
.. ,
(Mandatory In Nl-9 EL DI~· EA Ellf'I.OYEI;. s 1,000,000 II ~'eS. clGSC~!le under 1,000,000
OESCR1PTION Cf OPERATIONS belw, El, DISEASE · POllCr' LIMIT $ . .

DESCRIPTION Of' OPERATIONS/. LOCATIONS/, VB-1CUaS IACOR011),1, Addltlonll R•IMl'.k• Scho<llft, may bo -!'led If moro _.,. le requir~ •10 days notice of cancellation applies to non-payment of premium, 30 days all other; ,
. .
. . . . .

CERTIFICATE HOLDER CANCELLATION . . .
.

SHOULD ANY OF 1HE ABOVE DESCRl8E0 POIJCIES 8E CANCELLED BEFORE Proof of Insurance
TI1E EXPIRP,tiON DA'11E TitEREOI', NOllCE WIU. BE DEUVl!RED IN ACCORDANCE Wint ntE POLICY PROVISIONS.
.
.AUTHORIZE0 REPRESENTATIVE
. A
. ·'l'JZ ~1 /4:.L . .. I . . . . t> 1988-201'5 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) • The ACORD name and logo are registered marks of ACORD Ray Gaski ■■ Serviee
14572 Ranco Vista Dr
Fontana, CA 92335
www. raygaski nservice .com
Prepared by: Bobby Ziel lo
Cell- 909-717-8005
Customer
City of Porterville
555 N. Prospect St
Porterville, CA 93257
Quote
Date 12/2/2024
Valid for- 60 days
Terms
Descriotion Quantity An1ount
2025 Curbtender 8yd Tomcat Manual Side load body
Complete mount on 2025 Isuzu NRR Gasoline Chassis
Chealsea PTO and Pump combo
Single Tipper prep package
Dual Tap-in Kit Dual Spool for two fuction Tipper
All LED Lighting
LED Working lights
(2) LED strobe lights Upper Light Bar and Center mounted beacon Broom and shovel holder
Curbtender Back up camera system w/ 5" monitor
Painted Performance White
Remote grease lines for packer cyl inder
Single Grabber Style Tipper Mounted Curbside
2025 Isuzu NRR Gas Chassis, Allison 1000 series transmission, 19500LBS GVWR, 132" Wheelbase, See attached specs.

Add Dual steer conversion for both LH/ RH drive
Warranty: Standard Curbtender Warranty, lyr Body Warranty, lyr hydraulic warranty, and lyr cylinder warranty
Paint: Body acrylic Utethane Enamel Color: Performance White Terms and Conditions

1. Does not include takes or fees unless otherwise noted

2. Valid for 30 days unless otherwise noted

3. Please return after signing or submit Purchase Order to comfirr Customer acceptance (Sign Below)
X Date:

Print name here:
1 $ 98,650.00
1 $ 73,969.00
1 $ 9,800.00
Subtotal $ 182,419.00
Sales Tax $ 16,873.76
Freight $ 3,800.00
OMV $ 135.50
Total $ 203,228.26
If you have any questions regaurding this price quote please contact Bobby Ziello at [email protected]
Thank you for your Business!
STANDARD NEW EQUIPMENT 1 YEAR LIMITED WARRANTY
This Warranty is Non-Transferable
Revised 11/2017
Curbtender, Inc. ("CURBTENDER") warrants that the goods purchased (the "Unit") shall be free from defects in material and workmanship under normal use for a period one year from the date of sale, beginning when the Unit is delivered to the initial owner (the 'Warranty"). Warranty shall be approved only when proper service and maintenance are performed as described and required in CURBTENDER Service Bulletins and CURBTENDER Operator, Service and Parts manuals and the then current CURBTENDER Warranty Policy and Procedures are followed. Failure to comply with the then current CURBTENDER Warranty Policy and Procedures may, at CURBTENDER's discretion, invalidate this Warranty in its entirety or invalidate any individual warranty claim. This Warranty is expressly limited to the repair or replacement of any component or part that is proven to CURBTENDER's satisfaction to have been defective in material or workmanship. Such components or parts shall be repaired or replaced without cost. Curbtender's warranty does not include "wear items" such as (but not limited to) bearings, bushings, steel liners, guide shoes, belts, pins, etc.

Any service parts sold by CURBTENDER shall carry a ninety (90) day limited warranty for replacement only (labor is not included), provided that a factory inspection reveals a material or workmanship defect.

CURBTENDER reserves the right to make changes in the design or make additions to or improvements on its product without creating any obligation for installation in previously manufactured units.

THE WARRANTY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY BEING GIVEN BY

CURBTENDER WITH RESPECT TO THE UNIT AND ANY RELATED PARTS OR PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, WHETHER

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGMENT ARE HEREBY DISCLAIMED. THE REMEDIES PROVIDED IN THIS WARRANTY ARE THE EXCLUSIVE

REMEDIES AVAILABLE AND ARE LIMITED TO REPAIR AND REPLACEMENT OF THE NONCONFORMING PARTS.

IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT,

INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PRODUCT LIABILITY, OR STRICT LIABILITY,

SHALL CURBTENDER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING

BUT NOT LIMITED TO, LOSS OF PROFITS, PRODUCTS, DOWN TIME, COVER, TEMPORARY

REPLACEMENT COST OR ANY OTHER DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ATTORNEY'S FEES. IN NO EVENT SHALL CURBTENDER BE LIABLE FOR ANY LOSS,

DAMAGE, CLAIM, COST OR EXPENSE, INCLUDING ATTORNEY'S FEES, ARISING FROM OR

RELATED TO ANY LEAK OR SPILL OF HYDRAULIC FLUID OR ANY HAZORDOUS MATERIAL (AS

DEFINED UNDER ANY APPLICABLE FEDERAL, STATE, OR LOCAL STATUTE, REGULATION OR THE

LIKE) OR THE FAILURE TO PROPERLY DISPOSE OF HYDRAULIC FLUID OR ANY HAZORDOUS MATERIAL. OWNER AGREES TO DEFEND AND HOLD CURBTENDER HARMLESS FROM ANY LOSS,

DAMAGE, CLAIM, COST OR EXPENSE, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED TO ANY ENVIRONMENTAL OR HAZORDOUS MATERIAL CLAIM.

THIS WARRANTY IS CONTINGENT UPON AND APPLICABLE ONLY IF THE THEN CURRENT CURBTENDER WARRANTY POLICY AND PROCEDURES ARE COMPLIED WITH. OTHER THAN THE

PURCHASE OF AN EXTENDED WARRANTY, NO EMPLOYEE OR REPRESENTATIVE OF

CURBTENDER IS AUTHORIZED TO MODIFY THIS WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY. THIS IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY CURBTENDER.

ISUZU
TilUCK

ISUZU TRUCK OF AUGUSTA
Aaron Matthews I 706-303-1387 I [email protected] 2025 NRR Gas 1 U2 - Ray Gaskin
I ,.1
I
C J-1
Current report content is based on data as of 2024-11-21 12:45:43. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.