Porterville City Council
February 18, 2025

City Council Agenda February 18, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
FEBRUARY 18, 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/88253624861?pwd=fJ4r07abPiF2UGo3Fd8NjHD8czyDl2.1 Or via Telephone: +1 669 900 6833 Webinar ID: 882 5362 4861 Passcode: 820203 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 54956.95 – Liability Claim: Claimant:

Alexander Apolonio-Bernal. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Celina Boelter v. Ochoa, Carlos Jose, et al., Tulare County Superior Court Case No. VCU316725.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Victoria Grayson v. Porterville Municipal Golf Course, et al., Tulare County Superior Court Case No. PCU313670.

4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three cases in which facts are not yet known to potential plaintiffs.

City Council Agenda February 18, 2025

5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three Cases. 6 - 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 Council Member Green
Invocation

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 - February 6, 2025

2. Library & Literacy Commission - February 11, 2025

3. Arts Commission - February 10, 2025

4. Animal Control Commission

5. Youth Commission - February 12, 2025

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

1. Wall of Fame

2. Water Conservation Phase IV Status Update - January 2025

3. Vacation of Seat on the Arts Commission

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 January 21, 2025, and February 4, 2025 City Council Agenda February 18, 2025

Re: Considering approval of the City Council draft Minutes of January 21, 2025, and February 4, 2025.

2. Authorization to Renew the Web Hosting Contract with Revize Re: Consideration to approve a 5-year agreement with Revize for the City website redesign and development at an annual cost of $5,990.

3. Authorization to Execute Agreement - Permitting Software Re: Consideration to authorize the Consultant Agreement with Granicus in the amount of $123,143.11 for permitting software services.

4. Authorization to Distribute a Request for Proposals for Bus Stop Signs Re: Consideration to authorize the distribution of a Request for Proposals (RFP) for the procurement of bus stop signs to enhance visibility, clarity, and durability across the City’s transit system.

5. Authorization to Award Contract - Foundation and Drainage System Project for Future Draeger Prop Installation
Re: Consideration to award the Foundation and Drainage System Project for Future Draeger Prop Installation to Todd Companies in the amount of $177,500.

6. Authorization to Apply for CalHome Grant
Re: Consideration of the submittal of an application for the 2024 Homeownership Super Notice of Funding Availability.

7. Permanent Local Housing Allocation (PLHA) Program Year 5 Funds Application
Re: Consideration to authorize the signing of the streamlined application for the 2023 Permanent Local Housing Allocation (PLHA) funding allocation for submittal to the California Department of Housing and Community Development (HCD).

8. Authorization to Execute Consultant Agreement - Construction Management and Inspection Services for the Community Center & Park Project Re: Consideration to authorize the Consultant Agreement with 4Creeks, Inc. in the amount of $2,168,695; for construction management and inspection services for the Community Center & Park Project located at Henderson Avenue and Fourth Street.

9. Approval for Community Civic Event - Summit Collegiate High School - Pi Day Pi K Fun Run - March 8, 2025
Re: Consideration to approve the Community Civic Event application submitted by Summit Collegiate High School to hold the "Pi Day Pi K Fun Run" event on Saturday, March 8, 2025, from 8:00 AM to 10:00 AM.

10. 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
City Council Agenda February 18, 2025

11. Public Hearing to Consider Adjustments to Lease Rates and Approval of the Master Ground Lease Agreement, Airport Lease Policy, and Hangar Rental Agreement for the Porterville Municipal Airport
Re: A Public Hearing to consider adjustments to lease rates for properties at the Porterville Municipal Airport; and consider the approval of the Master Ground Lease Agreement and a Resolution to formally adopt the lease rate adjustments and authorize implementation.

SCHEDULED MATTERS

12. Authorization to Award Contract - Community Center and Park Project Re: Consideration to award the Community Center and Park Project located at the southeast corner of Henderson Avenue and Fourth Street along the Santa Fe Byway Trail (formally known as Rails to Trails) to AMG & Associates, Inc of Santa Clarita, in the amount of $16,875,000, plus a five percent (5%) contingency, an additional $2,268,695 for construction management, surveying, quality control and inspection services, and an additional appropriation of Measure I funds in the amount of $1,146,622 to fully fund the project.

13. Consideration of Appointment of City Council Representatives to Downtown Porterville Committee
Re: Consider appointing two City Council Members to serve on the Downtown Porterville Committee.

14. Proposed Budget Calendar for Fiscal Year 2025-2026 and Scheduling of Priority Projects Study Session
Re: Consideration to approve the proposed Budget Calendar and the scheduling of its Priority Projects Study Session in April in Council Chambers.

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

1. Eastern Tule Groundwater Sustainability Agency (ETGSA) - February 5, 2025

2. Local Initiatives Navigation Center Committee (LINC) - February 5, 2025

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 March 4, 2025, 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 City Council Agenda February 18, 2025

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 – FEBRUARY 18, 2025
SUBJECT: 1. Wall of Fame
SOURCE: Parks and Leisure Services
COMMENT: On an annual basis, the City of Porterville's Wall of Fame selections are announced. The Wall of Fame is a dedicated section of the east hallway in City Hall to honor and recognize individuals for their significant efforts and service to the Porterville community. The Wall of Fame honorees for 2025 are as follows:

Mayor Meister: Mike Rooke
Vice Mayor McKervey: John Billiou
Council Member Beltran: Alfred "Fred" Beltran
Council Member Green: Bill Bennett
Council Member Rivas: Robert Keeley
The 2025 honorees will be inducted into the Wall of Fame at a ceremony on Friday, March 28, 2025, beginning at 12:00 PM at Centennial Park.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Wall of Fame Honorees Through 2024
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
City of Porterville Wall of Fame Honorees
Carmen Martinez Eoff 2007 Michael R. Garcia 2017
Frank “Buck” Shaffer 2007 Bob Perez 2017
Edward B. “Ted” Cornell 2008 Jim Winton 2017
Jim Maples 2010 Richard B. Hatfield 2018
Roy Rockholt 2010 Todd ‘Hoss’ McNutt 2018
James Cone 2011 Teddy Wong 2018
Mona Gauger 2011 Denise Howell Marchant 2019
Brett Land 2011 Raymond Camarena 2019
Forrest ‘Doc’ Mock 2011 Doug Webb 2019
Alice Seal 2011 Grace Muñoz Rios 2019
Estha Mae Hinton 2012 James Kusserow 2019
Teresa Jackson 2012 Linda M. Camarena 2020
William Rogers 2012 Joe Carrillo, Jr. 2020
Orlin and Louise Shires 2012 Roberto da la Rosa, Sr. 2020 Waltraut Wilson 2012 Jim Holly 2020
Mary Hamner Baker 2013 Joe Ruiz, Jr. 2020
Robert Decker Christenson 2013 Janice Castle 2021
Cyrille Faure 2013 Teresa A. de la Rosa-Garcia 2021
Vivian Josten Lucey 2013 Jeff Edwards 2021
Emogene McCullar 2013 Virginia R. Gurrola 2021
George Overcash 2013 Gang Sue 2021
Clara Wilcox Rutherford 2013 Nicki Edwards 2022
Lester James Hamilton 2014 Cynthia Garcia Brown 2022
William ‘Bill’ Horst 2014 Daniel Hackey 2022
Guy Huffaker 2014 George Tanimoto 2022
Marlene Marquez 2014 Barbara Wong Sue 2022
Monte Moore 2014 Don Dowling 2023
Theodore Ensslin 2015 David Gong 2023
Pete V. McCracken 2015 Cameron James Hamilton 2023
Myron Wilcox 2015 Maria Christina Roman 2023
Gilbert Yniguez 2015 Milt Stowe 2023
Judith A. Gibbons 2016 Ramon “Ray” Figueroa 2024
James E. Howell 2016 Edward “Ed” S. Flory 2024
Philip D. Hunter 2016 Brent Gill 2024
Judge Glade F. Roper 2016 Patrick Jones 2024
Steven E. Tree 2016 John D. Lollis 2024
Elva Beltran 2017 Stanley Jay Santos, Sr. 2024
Joseph Faure, Jr. 2017
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: 2. Water Conservation Phase IV Status Update - January 2025 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 January 2025 show that four (4) notices of violations were issued for water waste, and no administrative citations were issued.

Water production for January 2025 shows a thirteen percent (13%) decrease from the five-year average. The monthly production for January was 175 million gallons, which is a seventeen percent (17%) decrease compared to January 2013, when it was 200 million gallons.

Residential consumption for January 2025 was 65 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 January 2015 through January 2025. Porterville's cumulative total production conservation through January 2025 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from January 2015 through January 2025. Porterville's cumulative total GPCD conservation through January 2025 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 January 2025

2. Monthly Production Status GPCD January 2025

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 January 2025 Production Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
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 January 2025 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
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
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: 3. Vacation of Seat on the Arts Commission
SOURCE: Community Development
COMMENT: The Arts Commission was established with the adoption of Ordinance 1767 on October 19, 2010. The duties of the Arts Commission outlined in Ordinance 1767 include: making recommendations to the City Council regarding the development and promotion of practices and policies pertaining to the arts, fostering the development and enjoyment of visual, cultural, performing, and other arts in the City of Porterville, to work cooperatively with City entities and other advisory commissions to include an arts element in as many areas of city planning and development as possible, and to develop a workplan with the goals and objectives of the Arts Commission. On May 2, 2017, Ordinance 1841 was adopted, amending Chapter 5A of the Porterville Municipal Code, which governs the Arts Commission.

Porterville Municipal Code Section 5A-6 Meetings and Records states: Members are expected to have seventy-five percent (75%) attendance based on the Commission's regular meeting schedule (e.g. 9 out of 12 meetings if held monthly, and 3 out of 4 if held quarterly).

Members who fail to meet the attendance requirement automatically vacate their seat and the vacancies shall be filled per Section 5A-5.

Arts Commissioner Maria Menga was first appointed to the Commission in 2021 and was re-appointed to a second term in 2023. Commissioner Menga has not attended a regularly scheduled Arts Commission meeting since 2023, and, therefore, according to Ordinance 1841, her seat is automatically vacated.

Pursuant to Ordinance No.1841, the Arts Commission is comprised of five (5) members, plus one (1) student/youth member, and represents four (4) areas of arts: theatrical/performing arts, visual/graphic, music, and youth. Staff will advertise to fill the vacant seat.

RECOMMENDATION: Information Item
ATTACHMENTS: 1. Ordinance No. 1767

2. Ordinance No. 1841
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 1.

CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Approval of Draft Minutes of January 21, 2025, and February 4, 2025 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of January 21, 2025, and February 4, 2025.

RECOMMENDATION: That the Council approve the draft Minutes of January 21, 2025, and February 4, 2025.

ATTACHMENTS: 1. Draft Minutes of January 21, 2025

2. Draft Minutes of February 4, 2025
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 21, 2025, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
• Josh Flowers, Strathmore, read a letter to the council on behalf of Sam Zenz, as he was unable to attend the meeting.

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.
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 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 case. 7 - Government Code Section 54957 - Public Employee Appointment/Employment:

Title: City Manager
6:40 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported that no reportable action had taken place during Closed Session.

The Pledge of Allegiance was led by Mayor Greg Meister.

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

PRESENTATIONS
Homecoming Queen and Her Court
Employee Service Awards

ORAL COMMUNICATIONS
• Greg Curry, Porterville, expressed his support of the council's efforts to make youth sports more affordable.
• Brock Neeley, Porterville, shared his views on the Charter Review Committee, recommending the formation of a 15-member focus group to examine the ballot language.
• Derrick Curry, Porterville, spoke in favor of amending the Athletic Field Use Policy. • Ezekial Shultz, Porterville Little League, expressed his love for baseball and raised concerns about the conditions of the ball fields.
• Frank Rodriguez, President of Porterville Little League, stated that while they have a great program, they need better play facilities.
• Chris Cox, Vice President of Porterville Little League, thanked small business owners for their support and endorsed the proposed changes to the Athletic Field Use Policy. • Kristy Martin, Porterville Chamber of Commerce, spoke of upcoming events that will be hosted by the Chamber.
• Johnathan Shultz, Porterville, echoed the sentiments of previous speakers regarding the condition of the ball fields and the Porterville League Program. • Alex Ceballos, an architectural company owner in Porterville, offered his services to provide pro bono work for designing a baseball field.
• Evelina Medina, Porterville, spoke of her concerns about traffic in the area of the Santa Fe Community Center.
• Lee Qualls, Porterville, wanted to keep the council informed about the return of massage parlors to the city.
• Josh Flowers, Strathmore, commended the youth for attending the meeting and voicing their concerns about the ball field conditions and thanked the council members who participated in the Monache Baseball Camp event.
• Alexis Espinoza, Porterville, wished the council a Happy New Year. She expressed excitement about the council's future actions, congratulated Jason Ridenour for being selected as Interim City Manager, and voiced her support for Item No. 6 on the agenda
• Cathy Capone, Porterville, remarked that the MyPorterville app is an excellent resource.

She expressed her appreciation for the SMART team and agreed with other speakers about the need for additional fields for sporting events.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - January 2, 2025 (Cancelled) – No report was provided.

2. Library & Literacy Commission - January 14, 2025
Commissioner Edith La Vonne reported on participation statistics for December for various events such as Virtual Story Time, Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring Your Own Game Day, Young Adult Book Club, Thousand Books Before Kindergarten Challenge, and several other events.

3. Arts Commission – No report was provided.

4. Animal Control Commission - January 9, 2025 – No report was provided.

5. Youth Commission - January 08, 2025 – No report was provided.

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

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - December 2024

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

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Vice Mayor Ed McKervey that the City Council approve Items Nos. 1-18.

The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF DECEMBER 17, 2024
Recommendation: That the Council approve the draft Minutes of December 17, 2024.

Documentation: M.O. 01-012125
Disposition: Approved.

2. CRIME PREVENTION / JUVENILE DIVERSION POLICE VEHICLE

PURCHASE
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.

Documentation: M.O. 02-012125
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE HYDRAULIC PUMP AND CONTROL

MANIFOLD
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.

Documentation: M.O. 03-012125
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE TWO (2) BATTERY-ELECTRIC
SHUTTLE VANS FROM MODEL 1
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.

Documentation: M.O. 04-012125
Disposition: Approved.

5. AUTHORIZATION FOR TRANSIT BUS ENGINE REPAIR
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.

Documentation: M.O. 05-012125
Disposition: Approved.

6. CONSIDERATION OF PURCHASE AND SALE AGREEMENT WITH DEL

ORO WATER COMPANY FOR ACQUIRING THE GRANDVIEW
GARDENS AND EAST PLANO WATER SYSTEMS.

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.

Documentation: Resolution No. 01-2025
Disposition: Approved.

7. APPROVAL TO RENEW ADOBE ACROBAT PRO AND ADOBE

CREATIVE CLOUD SUBSCRIPTIONS
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.

Documentation: M.O. 06-012125
Disposition: Approved.

8. AUTHORIZATION TO RENEW CONTRACT FOR GIS IMAGERY BASE

MAPPING
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.

Documentation: M.O. 07-012125
Disposition: Approved.

9. CONSIDERATION OF LICENSE AGREEMENT RENEWAL BETWEEN

THE CITY OF PORTERVILLE AND COMMUNITY SERVICES

EMPLOYMENT TRAINING CSET
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.

Documentation: M.O. 08-012125
Disposition: Approved.

10. AUTHORIZATION TO AWARD CONTRACT FOR TWO MINI SIDE LOAD

REFUSE TRUCKS
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.

Documentation: M.O. 09-012125
Disposition: Approved.

11. CITY EASEMENT CONVEYANCE TO SOUTHERN CALIFORNIA
EDISON
Recommendation: That the City Council:

1. Approve the draft Resolution Authorizing a Grant Deed of Easement to Southern California Edison;

2. Accept Southern California Edison'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;

3. Authorize the Mayor to sign the Grant of Easement; and

4. Authorize the City Engineer to mail the signed Grant of Easement to Southern California Edison for recordation.

Documentation: Resolution No. 02-2025
Disposition: Approved.

12. AUTHORIZATION TO RESCIND RESOLUTION NO. 84-2024 AND APPROVE UPDATED FY 23/24 TDA RESOLUTION

Recommendation: That the City Council:

1. Rescind Resolution No. 84-2024; and

2. Approve the attached updated draft resolution for the Fiscal Year 2023-24 Transportation Development Act (TDA) claim; and

3. Authorize the staff to file the approved resolution with the appropriate agencies.

Documentation: Resolution No. 03-2025
Disposition: Approved.

13. CONSIDERATION TO RESCIND THE APPROVED SIDE LETTER

AGREEMENT FOR THE MANAGEMENT CONFIDENTIAL SERIES
Recommendation: That the City Council:

1. Rescind the side letter agreement amending the Employee Pay and Benefit Plan pertaining to the Management Confidential Series employees; and

2. Authorize staff to revert back to the previous FLSA overtime rule and amend the Employee Pay and Benefit Plan to reflect the change.

Documentation: M.O. 10-012125
Disposition: Approved.

14. CDBG CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY

COMMITTEE
Recommendation: That the City Council appoint existing Committee members Rebecca Contreras, Eriselda Lizarraga, Linda Mendez, Isabel Olmos and Jacqueline Verduzco Alanis to the Citizens’ Advisory and Housing Opportunity Committee for a one-year term.

Documentation: M.O. 11-012125
Disposition: Approved.

15. POLICE FIRING RANGE COOPERATIVE AGREEMENT WITH

FARMERSVILLE POLICE DEPARTMENT
Recommendation: That the City Council:

1. Approve the Agreement for the period of 07/01/25, through 06/30/28; and

2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.

Documentation: M.O. 12-012125

Disposition: Approved.

16. STATUS REPORT - DEVELOPER IMPACT FEES
Recommendation: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2024.

Documentation: M.O. 13-012125
Disposition: Approved.

17. CONSIDERATION OF COMMUNITY CIVIC EVENT - PORTERVILLE KIWANIS - VALENTINE'S VENDOR MARKET - FEBRUARY 9, 2025
Recommendation: That City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Valentine's Vendor Market on February 9, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 14-012125
Disposition: Approved.

18. 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. 15-012125
Disposition: Approved.

PUBLIC HEARINGS

19. FAMILY HEALTHCARE NETWORK-ANNEXATION 490 AND

CONDITIONAL USE PERMIT (CUP)
Recommendation: That the City Council:

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

2. Find that the proposed project is exempt from CEQA under CEQA Guidelines Section 15311 and 15319;

3. Adopt the draft Resolution requesting that Tulare LAFCo initiate proceedings for annexation; and

4. Adopt the draft resolution approving Conditional Use Permit (PRC

2023-030-C) for the establishment of an off-site parking facility in an RS-1 Very Low-Density Residential zone district in conjunction with an existing medical facility.

Interim City Manager Ridenour introduced the item and Contract City Planner Jeff Oneal presented the staff report and requested that the resolution approving the conditional use permit should proceed with the resolution requesting that Tulare LAFCO initiate the annexation proceedings.

Mayor Meister opened the Public Hearing at 8:09 p.m.
• Ralph Martin, Porterville, expressed his concerns regarding potential lighting, noise, and water pollution issues that could affect the area where his mother resides. • Aaron Oliver, representing Lane Engineers, introduced himself and offered to answer any questions related to the project.
• Alexis Espinoza, Porterville, spoke in support of the project but urged the applicant to implement security measures to prevent the homeless population from using the parking lot as a place to set up camps.
• Cathy Capone, Porterville, suggested additional safety measures for crossing the street to access the parking lot.

Mayor Meister closed the Public Hearing at 8:14 p.m. when no one else came forward.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member AJ Rivas that the City Council find the proposed project exempt from California Environmental Quality Act pursuant to section 15311 and 15319; adopt the draft resolution requesting Tulare LAFCo initiate proceedings for annexation; and adopt the draft resolution approving Conditional Use Permit (PRC 2023-030-C) for the establishment of an off-site parking facility in an RS-1 Very LowDensity Residential zone district in conjunction with an existing facility located at . The motion carried unanimously.

Documentation: Resolution No. 04-2025 (Annexation),
Resolution No. 05-2025 (CUP)
Disposition: Approved.

20. EXTRA MILE CHEVRON MODIFICATION OF CONDITIONAL USE

PERMIT (CUP)
Recommendation: That the City Council:

1. Hold a Public Hearing to receive public comments;

2. Find the proposed project exempt from the California Environmental Quality Act Pursuant to Section 15061(b)(3) of the California Code of Regulation; and

3. Adopt the draft resolution approving Modification No. 1 to

Conditional Use Permit (PRC 2020-027-C) for a Type 21 Off-sale alcohol license, subject to conditions of approval.

Interim City Manager Ridenour introduced the item and Contract City Planner Jeff O’Neal presented the staff report. Mr. O’Neal noted that a change the recommendation needed to be made, to state that the project is exempt from the California Environmental Quality Act pursuant to Section 15301, and not Section 15061 (b)(3).

Mayor Meister opened the Public Hearing at 8:26 p.m.
• Sam Lera, Porterville, spoke on behalf of the business and spoke in support of the approval of the item.

Mayor Meister closed the Public Hearing at 8:28 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member Raymond Beltran that the City Council find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15301, and approve the 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, subject to conditions or approval. The motion carried unanimously.

Documentation: Resolution No. 06-2025
Disposition: Approved.

21. APPROVAL OF THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING

CHOICE AND CITIZEN PARTICIPATION PLAN
Recommendation: That the City Council:

1. Conduct a Public Hearing on the proposed 2025 Analysis of Impediments to Fair Housing Choice;

2. Adopt the draft Resolution approving the 2025 Analysis of Impediments to Fair Housing Choice;

3. Adopt the draft Citizen Participation Plan; and

4. Authorize the City Manager to execute all necessary documents and further authorize the City Manager to be authorized to make any augmentation, modification, additions or revisions as may be necessary to conform to the requirements of the Department of Housing and Urban Development.

Interim City Manager Ridenour introduced the item and Community Development Department Director Claudia Calderon presented the staff report.

A presentation on the Community Development Block Grant Analysis of Impediments by consultants Elizabeth McNannay and Lauren McKneely.

Mayor Meister opened the Public Hearing at 8:42 p.m. and closed the Public Hearing at 8:42 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member AJ Rivas that the City Council adopt the draft resolution approving the 2025 Analysis of Impediments to Fair Housing Choice; and adopt the draft Citizen Participation Plan. The motion carried unanimously.

Documentation: Resolution 07-2025
Disposition: Approved.

Council took a recess at 8:57 p.m. and reconvened open session at 9:15 p.m.

22. CONSIDERATION OF THE ADOPTION OF UPDATED PARKS IMPACT FEES
Recommendation: That the City Council:

1. Conduct the Public Hearing and consider all public testimony; and

2. Adopt and Implement the Parks Development Impact Fee and Quimby Act Fee for residential development; or

3. Adopt and Implement the Parks Development Impact Fee and Quimby Act fee for both residential and non-residential development.

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

Mayor Meister opened the Public Hearing at 9:23 p.m.
• Brock Neeley, Porterville, stated the update to the park impact fees was long overdue.
• Cathy Capone, Porterville, spoke in support of the item. • Taha Saleh, Porterville, spoke of his concern that the fees would impact business owners that are wanting to come to Porterville.

Mayor Meister closed the Public Hearing at 9:26 p.m. when no one else came forward to speak.

Council gave direction for staff to bring back the review of the Parks Master Plan at a future council meeting for discussion.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve the draft resolution adopting and implementing the Parks Development Impact Fee and Quimby Act fee

for both residential and non-residential development; and gave direction to add an item at a future meeting to discuss the Parks Master Plan. The motion carried unanimously.

Documentation: Resolution No. 08-2025
Disposition: Approved.

SECOND READINGS

23. SECOND READING - ORDINANCE NO. 1909, AMENDING SERIES 200, SERIES 300, AND SERIES 700 OF THE PORTERVILLE DEVELOPMENT

ORDINANCE
Recommendation: That the City Council give Second Reading to Ordinance No. 1909, waive further reading, and adopt said Ordinance.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Greg Meister that the City Council give Second Reading to Ordinance No. 1909, 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. The motion carried unanimously.

Documentation: Ordinance No. 1909
Disposition: Approved.

SCHEDULED MATTERS

24. CONSIDERATION OF THE ESTABLISHMENT OF A CHARTER

REVIEW COMMITTEE
Recommendation: That the City Council:

1. Provide direction on the establishment of a Charter Review Committee, including the committee’s charge and scope;

2. Provide direction on the committee’s composition and appointment method; and

3. Provide direction on the proposed ballot measure timeline.

Interim City Manager Ridenour introduced the item and presented the staff report.

A discussion took place among council members regarding their recommendations for the creation of a nine-member Charter Review Committee. It was decided that each council member would select one committee member from their respective district, while the remaining four committee members would be chosen by a majority vote of the City Council.

Additionally, the council discussed the eligibility criteria for committee members, specifying that they must be registered voters who reside within the city limits of Porterville.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council establish a Charter Review Committee to undertake a review of the City Charter, that five members of the Charter Review Committee be selected by Council Members from their respective district, and that four Committee members be selected by a majority of the City Council and that they must be registered voters who reside within the city limits of Porterville. The motion carried unanimously.

Documentation: M.O. 16-012125
Disposition: Approved.

25. CONSIDERATION OF THE ESTABLISHMENT OF AN AD HOC

HERITAGE COMMITTEE
Recommendation: That the City Council provide direction concerning the establishment of a Heritage Committee, including the scope and composition of the committee.

Interim City Manager Ridenour introduced the item and presented the staff report.

A discussion was held among council members regarding their recommendations for the establishment of an Ad Hoc Heritage Committee. It was decided that the committee would consist of two council members and city staff, and would assist the City Council in planning celebrations and signage to commemorate two significant anniversaries: the 250th anniversary of the signing of the Declaration of Independence and the 100th anniversary of the filing of the City of Porterville City Charter.

Members of the Council appointed both Mayor Meister and Vice Mayor McKervey to serve on the committee.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council establish a Ad Hoc Heritage Committee to assist the City Council with the planning and celebrations of both the 250th anniversary of the signing of the Declaration of Independence and the 100th anniversary of the filing of the City of Porterville City Charter; and appoint Mayor Meister and Vice Mayor Mckervey to serve on the Ad Hoc Heritage Committee.

The motion carried unanimously.

Documentation: M.O. 17-012125
Disposition: Approved.

26. CONSIDERATION OF THE ESTABLISHMENT OF A DOWNTOWN

PORTERVILLE COMMITTEE
Recommendation: That the City Council provide direction concerning the establishment of a Downtown Committee, including the scope and composition of the committee.

Interim City Manager Ridenour introduced the item and presented the staff report.

A discussion took place among council members regarding their recommendations for establishing a Downtown Porterville Committee. The council members decided to create a standing Downtown Porterville Committee, which will consist of seven members: two City Council members and five members from the public who are business owners in the Downtown area of Porterville and the Porterville Chamber of Commerce. This committee will serve as an advisory body to the City Council on matters related to the Downtown Porterville area.

COUNCIL ACTION: MOVED by Council Member AJ Rivas, SECONDED by Mayor Greg Meister that the City Council establish a Downtown Porterville Committee to assist the City Council with matters related to the Downtown Porterville area, and be comprised of seven members, including two City Council Members and five public members who are either downtown business owners or Porterville Chamber of Commerce members. The motion carried unanimously.

Documentation: M.O. 18-012125
Disposition: Approved.

27. CONSIDERATION OF SPONSORSHIP OF PORTERVILLE GIRLS

FASTPITCH
Recommendation: That the City Council consider approving the 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.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council adopt the 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. The motion carried unanimously.

Documentation: Resolution No. 09-2025
Disposition: Approved.

28. CONSIDERATION TO AMEND ATHLETIC FIELD USE POLICY
Recommendation: That City Council provide direction to staff regarding amending the sports field use policy regarding fees.

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

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member AJ Rivas that the City Council approved an item to be discussed at a future meeting regarding the use of Special Purpose Reserve Funds to cover half of the costs for both utility fees and field usage reservation fees and the city will pay for half of the total costs based on the final bill for one season, and directed that the Athletic Field Use Policy be reviewed annually. The motion carried unanimously.

Documentation: M.O. 19-012125
Disposition: Approved.

29. CONSIDERATION OF EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF PORTERVILLE AND JASON RIDENOUR
Recommendation: That the City Council consider for approval the Employment Agreement Between the City of Porterville and Jason Ridenour.

Interim City Manager Ridenour introduced the item and City Attorney Lew presented the staff report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council approve the Employment Agreement between the City of Porterville and Jason Ridenour. The motion carried unanimously.

Documentation: M.O. 20-012125
Disposition: Approved.

AB 1234 REPORTS

1. Tule River Improvement JPA - January 6, 2025
Vice Mayor McKervey stated that the meeting was relatively short, and the main discussion focused on clearing brush along the Tule River.

2. Local Initiatives Navigation Center Committee (LINC) - January 8, 2025 Council Member Beltran provided updates on various topics, including the approval of the minutes, the budget, and the Navigation Center. He also noted upcoming events,

such as the Point in Time Count.

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - January 9, 2025 Assistant City Manager Michael Knight reported on the approval of Minutes, ratification of bills to be paid, and several action items.

4. Cannabis Committee - January 13, 2025
Council Member Beltran reported on several items of interest such as the review of proposed amendments to the Cannabis Dispensary Ordinances, the review of proposed amendments to the Development Agreement with Cannabis Express, Inc., and the review of the Community Benefits Program.

5. Mighty 190 Committee - January 13, 2025
Vice Mayor McKervey reported on discussions among committee members regarding the creation of applications and pamphlets to enhance community engagement, as well as signage for advertisements and marketing efforts.

6. Tulare County Task Force on Homelessness - January 15, 2025 Council Member Rivas reported on discussions regarding different visions to assist the homeless population and noted that the task force was brainstorming various methods to provide resources.

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

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, urged the council to consider homeless individuals potentially arriving from the Los Angeles area and highlighted the criteria necessary for applying to become an All-America City.
• Gene Rafaels, Porterville, stated that the banners placed at the fields where the Porterville Girls Fastpitch play should be more inclusive of everyone.

OTHER MATTERS
• Council Member Beltran shared highlights from the earlier Veterans Homecoming Queen presentation and Employee Service Awards. He also participated in a birdwatching event at the Tule River Parkway, expressed interest in youth sports, and discussed plans for community projects. Additionally, he provided explanations for the way he had voted on items.
• Council Member Rivas expressed gratitude for everyone’s participation in the meeting and is pleased with the direction the city is heading.
• Council Member Green expressed his appreciation for city staff and for the way they addressed a resident concern.
• Vice Mayor McKervey expressed appreciation for the staff's efforts in assisting him in understanding the city’s policies and processes. He requested that the council consider the following motions:

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Greg Meister that the City Council approve Vice Mayor McKervey’s request to bring an item to a future meeting, as a Scheduled Matter, to consider consolidation of the weed abatement and encampment programs, and potentially expanding hazard pay. The motion carried unanimously.

Documentation: M.O. 21-012125
Disposition: Approved.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Greg Meister that the City Council approve Vice Mayor McKervey’s request to bring an item to a future meeting, as a Scheduled Matter Item, to consider rebranding the City Transit vehicles with an American Flag Theme and the motto "In God We Trust". The motion carried unanimously.

Documentation: M.O. 22-012125
Disposition: Approved.
• Mayor Meister requested that the council consider the following motion:

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Mayor Meister’s request to bring an item to a future meeting, as a Scheduled Matter, to discuss using discretionary funds in the amount of $2,500.00 to sponsor the Porterville Little League, along with getting a banner with the City Logo with the words "In God We Trust". The motion carried unanimously.

Documentation: M.O. 23-012125
Disposition: Approved.

CLOSED SESSION
Council convened into Closed Session at 12:22 a.m. and City Attorney Lew reported that no reportable action had taken place during Closed Session.

ADJOURNMENT
The Council adjourned at 1:00 a.m. to the meeting of February 4, 2024, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

SEAL
Greg Meister, Mayor

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
FEBRUARY 4, 2025, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
• Felipe Martinez, Porterville Exchange Club, invited the Council to the Public Safety Recognition Dinner and encouraged the new members of Council to consider joining a community organization.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claims: Claimants: Angelica Galvez, Hector Calleja Galvez, Heriverto Calleja Galvez, Jeronimo Calleja Galvez, And Raul Calleja Galvez. Agency Claimed Against: City of Porterville. 2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Related to potential easement over APN: 255-240-013, Near Reid Avenue and N. Main Street. 3 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Three cases in which facts are not yet known to potential plaintiffs.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One case. 6:35 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-1, as follows:

A-1. On a MOTION made by Council Member Raymond Beltran, and SECONDED by Vice Mayor Ed McKervey the City Council unanimously rejected the claims filed by Angelica Galvez, Hector Calleja Galvez, Heriverto Calleja Galvez, Jeronimo Calleja Galvez, and Raul Calleja Galvez.

Documentation: M.O. 01-020425
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Rivas.

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

PRESENTATIONS
Porterville Fire Department Fire Personnel Recognition
Employee of The Month - Christina Tank

ORAL COMMUNICATIONS
• Greg Shelton, Porterville, shared his thoughts on the composition of the Charter Review Committee.
• Brock Neeley, Porterville, presented the council with documents related to diversity, equity, and inclusion. He also stated that it is only a matter of time before other athletic clubs approach the city for funding.
• Dr. Larriann Torrez, Porterville Chamber of Commerce, spoke of upcoming events hosted by the Chamber.
• Teresa Gonzalez, Porterville, introduced herself and addressed the poor and unsafe road conditions at the intersection of Putnam and Third Street. • Evelyn Medina, Porterville, requested an update on traffic conditions near the Santa Fe Community Center.
• Steve Flowers, First Southern Baptist Church, raised concerns regarding the highwater bills that his church, along with others, are facing. • Josh Flowers, Strathmore, voiced his concerns about Item No. 23., emphasized the importance of maintaining local control, and expressed worries about not awarding contracts to local businesses.

REPORTS
I. Staff Informational Reports

1. Charitable Car Washes Quarterly Report - Calendar Year 2024

2. Code Enforcement Quarterly Report

3. Building Permit Activity Quarterly Report FY 2024-2025 (October - December 2024)

4. Streets Performance Measure Quarterly Report FY 2024-2025 (October - December 2024)

5. Golf Course Quarterly Report FY 2024-2025 (October - December 2024)

6. City Commission and Committee Attendance Quarterly Report FY 2024-2025 (October - December 2024)

7. City Council Member Appointments Attendance Quarterly Report FY 2024-2025 (October - December 2024)

CONSENT CALENDAR

Item Nos. 7, and 8, were pulled for further discussion at the request of Mayor Greg Meister.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council approve Items Nos. 1-6, and 9-14. The motion carried unanimously.

1. AUTHORIZATION TO PURCHASE CHLORINE GENERATION

ELECTRODE ASSEMBLY
Recommendation: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to De Nora Water Technologies LLC, in an amount not to exceed $16,270 (inclusive of all parts, taxes, shipping and a 10% contingency) for the Electrode Assembly; and

2. Direct the Finance Director to make payment to De Nora Water Technologies LLC, upon receipt of invoice approved by the Public Works Director.

Documentation: M.O. 02-020425
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE REPLACEMENT ROTATING PUMP

ASSEMBLY FOR VETERANS PARK BOOSTER PUMP STATION
Recommendation: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Pump Tech Inc., in an amount not to exceed $30,089 (inclusive of all parts, taxes, shipping and a 10% contingency) for the Peerless Rotating Pump Assembly; and

2. Direct the Finance Director to make payment to Pump Tech Inc., upon receipt of invoice approved by the Public Works Director.

Documentation: M.O. 03-020425
Disposition: Approved.

3. AUTHORIZATION TO REPAIR CITY WELL NO. 32
Recommendation: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Willits Pump for an amount not to exceed $32,353 (inclusive of all parts, labor, taxes, and a 10% contingency) for the replacement parts for City Well No. 32; and

2. Direct the Finance Director to make payment to Willits Pump upon receipt of the invoice approved by the Public Works Director.

Documentation: M.O. 04-020425
Disposition: Approved.

4. AUTHORIZATION FOR THE RENEWAL OF THE OVERDRIVE

SUBSCRIPTION
Recommendation: That the City Council authorize the annual renewal of the subscription for OverDrive for the next five years through January 2030, with the condition that the annual renewal costs do not exceed a 5% increase per year.

Documentation: M.O. 05-020425
Disposition: Approved.

5. APPROVAL OF LICENSE AGREEMENT WITH PORTERVILLE

UNIFIED SCHOOL DISTRICT FOR USE OF VEHICLE CHARGING

STATIONS AND BUS WASH FACILITIES
Recommendation: That the City Council:

1. Approve the License Agreement with the Porterville Unified School District (PUSD) to allow non-exclusive use of the City’s vehicle charging stations and bus wash facilities; and

2. Authorize the City Manager to execute the Agreement.

Documentation: M.O. 06-020425
Disposition: Approved.

6. AUTHORIZE DRAFT RESOLUTION APPROVING TCAG-CITY OF
PORTERVILLE SB 125 PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT FOR DESIGN OF ZERO-EMISSION

MAINTENANCE FACILITY
Recommendation: That the City Council adopt the draft resolution authorizing the Mayor and City Manager to execute TCAG-City of Porterville SB 125 Program Supplement to Cooperative Agreement for the design and construction management of the zero-emission maintenance facility.

Documentation: Resolution No. 10
Disposition: Approved.

9. SECOND WATER SERVICE - 478 S. DOYLE ST
Recommendation: That the City Council adopt the draft resolution approving the second water service connection at 478 S. Doyle Street.

Documentation: Resolution No. 11-2025
Disposition: Approved.

10. SURPLUS LAND AND NOTICE OF AVAILABILITY FOR APN 260-300- 034
Recommendation: That the City Council:

1. Adopt a draft resolution declaring the approximately 4.47 acre parcel of City-owned property, APN 260-300-034, as non-exempt surplus property as defined in Government Code Section 54220 et seq.; and

2. Authorize the City Manager or designee to take any actions and execute any documents necessary to ensure compliance with the Surplus Land Act and State regulations relating thereto.

Documentation: Resolution No. 12-2025
Disposition: Approved.

11. FINANCIAL STATUS REPORTS
Recommendation: That the City Council accept the Financial Status Reports as presented.

Documentation: M.O. 07-020425
Disposition: Approved.

12. QUARTERLY INVESTMENT PORTFOLIO
Recommendation: That the City Council accept the Quarterly Investment Portfolio Summary Report.

Documentation: M.O. 08-020425
Disposition: Approved.

13. APPROVAL FOR COMMUNITY CIVIC EVENT - OPTIMIST
CLUB/PUSD/BSD - PORTERVILLE CELEBRATES READING – APRIL
12, 2025
Recommendation: That the City Council approve the Community Civic Event Application from the Optimist Club of Porterville, Porterville Unified School District and Burton School District to hold the "Porterville Celebrates Reading" event on Saturday, April 12, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 09-020425
Disposition: Approved.

14. 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. 10-020425
Disposition: Approved.

PUBLIC HEARINGS

15. EL MALECON MODIFICATIONS OF CONDITIONAL USE PERMIT
(CUP)
Recommendation: That the City Council:

1. Hold a Public Hearing to receive public comments;

2. Find the proposed project exempt from the California Environmental Quality Act Pursuant to Section 15301 (Existing Facilities) of the California Code of Regulations; and

3. Adopt the draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) for a Type 47 On-Sale General alcohol license.

Interim City Manager Ridenour introduced the item and Contract City Planner Jeff Oneal presented the staff report.

Mayor Meister opened the Public Hearing at 7:16 p.m. and closed the Public Hearing at 7:16 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council adopt the draft resolution approving Modification No. 1 to Conditional Use Permit (PRC 2018-007-C) for a Type 47 On-Sale General alcohol license for El Malecon located at 58 E. Mill Avenue. The motion carried unanimously.

Documentation: Resolution No. 13-2025
Disposition: Approved.

SCHEDULED MATTERS

16. ESTABLISHMENT OF AN AD HOC HERITAGE COMMITTEE

Recommendation: That the City Council consider approving the draft resolution establishing an Ad Hoc Heritage Committee.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member AJ Rivas, SECONDED by Mayor Greg Meister that the City Council adopt the draft resolution establishing the Ad Hoc Heritage Committee. The motion carried unanimously.

Documentation: Resolution No. 14-2025
Disposition: Approved.

17. ESTABLISHMENT OF A DOWNTOWN PORTERVILLE COMMITTEE
Recommendation: That the City Council adopt the draft Resolution establishing the Downtown Porterville Committee and consider appointment of two City Council Members to serve on the Downtown Porterville Committee.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve the draft resolution establishing the Charter Review Committee, along with amending the resolution to include businesses and land owners be eligible to be appointed.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 15-2025
Disposition: Approved.

18. ESTABLISHMENT OF A CHARTER REVIEW COMMITTEE
Recommendation: That the City Council consider adoption of the draft Resolution and direct staff to advertise for the Charter Review Committee membership.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member AJ Rivas that the City Council adopt the draft resolution establishing a Charter Review Committee, along with the addition of adding two Alternate Committee Members, the addition of eligibility

requirements be a land or business owner within the city limits. The motion carried unanimously.

Documentation: Resolution No. 16-2025
Disposition: Approved.

19. CONSIDERATION OF SPONSORSHIP OF PORTERVILLE LITTLE
LEAGUE
Recommendation: That the City Council consider approving the draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to Sponsor Porterville Little League.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member Stan Green that the City Council adopt a draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to sponsor Porterville Little League.

AYES: Rivas, Green, McKerveym Meister
NOES: None
ABSTAIN: Beltran
ABSENT: None
Documentation: Resolution No. 17-2025
Disposition: Approved.

20. REVIEW OF WEED ABATEMENT AND HOMELESS ENCAMPMENT

ABATEMENT
Recommendation: That the City Council provide direction to staff regarding the weed abatement program.

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

The council directed staff to prepare an item for a future meeting to discuss amending the regulations regarding unauthorized camping. This amendment would focus on the 72-hour notice requirement for individuals to dismantle established campsites or camp facilities.

Additionally, staff was directed to prepare an item for a future meeting to consider increasing the pay level for weed abatement employees, making it equal to that of personnel involved in homeless encampment abatement.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Council Member AJ Rivas that the City Council approved bringing back an item to a future meeting to discuss amendments to the unauthorized camping regulations ordinance, specifically regarding notification procedures; and to bring forward another item to consider increasing the pay level for weed abatement personnel so that it matches the pay level for homeless encampment abatement personnel.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 14-020425
Disposition: Approved.

21. CONSIDERATION TO REBRAND TRANSIT VEHICLES
Recommendation: That the City Council provide direction regarding the rebranding of the City's transit vehicles, including modifying the design approach or branding elements and the number of vehicles based on Council preferences.

Interim City Manager Ridenour introduced the item and Transportation Director Rich Tree presented the staff report.

A discussion took place among council members regarding the most cost-effective strategies for rebranding the city's transit system. The council agreed that the rebranding process should be implemented in phases instead of all at once. Staff indicated that they would be able to rebrand two incoming buses in the next few months, with additional buses to be addressed later in the year.

Council members recommended that the American flag be prominently displayed on the buses, with the "In God We Trust" logo placed in a more prominent area.

The City Council directed the staff to proceed with the rebranding of the incoming fleet buses. They also requested further renderings and design options for review and recommendations to be presented at a future meeting.

Documentation: None.

Disposition: Direction was given.

22. CONSIDERATION TO AMEND FY 2024-25 TRANSIT DIVISION

BUDGET AND PROGRAM OF PROJECTS

Recommendation: That the City Council:

1. Approve the draft resolution adopting the amended FY 2024-2025 Transit Division Budget and Program of Projects;

2. Authorize staff to submit necessary updates to TCAG and the FTA; and

3. Direct staff to report back on the status of key projects during the next quarterly update.

Interim City Manager Ridenour introduced the item and Transportation Director Rich Tree presented the staff report.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Greg Meister that the City Council adopt the draft resolution rescinding Resolution No. 57-2024, and adopt the draft resolution amending the FY 2024-2025 Transit Division Budget and Program of Project. The motion carried unanimously.

Documentation: Resolution No. 18-2025
Disposition: Approved.

23. COUNCIL CONSIDERATION OF APPROVAL TO ENTER INTO A

JOINT POWERS AUTHORITY AGREEMENT BETWEEN THE CITY OF

PORTERVILLE AND PORTERVILLE IRRIGATION DISTRICT
Recommendation: That City Council:

1.Approve the Porterville Groundwater Sustainability Agency Joint Powers Agreement (JPA) between the City of Porterville and the Porterville Irrigation District;

2. Authorize the appointment of a Council Member and Staff Member to sit on the Porterville GSA Board; and

3. Authorize the Mayor to sign the attached JPA Agreement to form the Porterville GSA.

Interim City Manager Ridenour introduced the item and Assistant City Manager Michael Knight presented the staff report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council approve the Porterville Groundwater Sustainability Agency Joint Powers Agreement between the City of Porterville and the Porterville Irrigation District; and amended the agreement to include three city members be appointed to the Porterville GSA Board consisting of two Council Members and one Staff Member.

AYES: Rivas, Beltran, McKervey, Meister
NOES: Green

ABSTAIN: None
ABSENT: None
Documentation: M.O. 12-020425
Disposition: Approved.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member Raymond Beltran that the City Council approve the appointment of Mayor Meister and Vice Mayor McKervey to serve on the Porterville Groundwater Sustainability Agency, along with appointing Assistant City Manager Michael Knight to serve as the alternate member. The motion carried unanimously.

Documentation: M.O. 13-020425
Disposition: Approved.

7. AUTHORIZATION TO NEGOTIATE CONSULTANT CONTRACT -

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

THE COMMUNITY CENTER & PARK PROJECT
Recommendation: That the City Council:

1. Authorize staff to negotiate a scope of services contract with 4Creeks, Inc.; and

2. Authorize staff to negotiate a scope of services contract with QK, Inc. if staff is unable to negotiate an acceptable contract with 4Creeks, Inc.

Interim City Manager Ridenour introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council approve the authorization for staff to negotiate a scope of services contract with 4creeks, Inc.; and if unable to negotiate an acceptable contract with 4Creeks, Inc., negotiate a scope of services contract with QK, Inc,. The motion carried unanimously.

Documentation: M.O. 14-020425
Disposition: Approved.

8. AUTHORIZATION TO CONDUCT A PUBLIC HEARING TO CONSIDER

ADJUSTMENTS TO LEASE RATES AND APPROVAL OF A DRAFT

MASTER GROUND LEASE AGREEMENT FOR THE PORTERVILLE

MUNICIPAL AIRPORT

Recommendation: That the City Council:

1. Authorize staff to schedule a public hearing to be held on February 18, 2025, to consider adjustments to lease rates for properties at the Porterville Municipal Airport based on the findings of the market rent appraisal report;

2. Approve the draft Master Ground Lease Agreement for use with airport lessees, ensuring compliance with FAA regulations and grant assurances, pending final approval by the City Attorney; and

3. Direct staff to publish the necessary public notices in compliance with California Government Code Section 6066 and notify all current tenants of the proposed rate adjustments and the availability of the draft Master Ground Lease Agreement for review.

Interim City Manager Ridenour introduced the item and presented the staff report.

City Attorney Lew stated for the record that the recommendation seems misleading and clarified that staff is not seeking approval of the Master Ground Lease Agreement at this time; approval will be considered when the Public Hearing is scheduled.

Mayor Meister presented his reasons for pulling the item for further discussion and noted his concerns with the proposed rate increases, expressing concerns specifically about the increases on the restaurant and small land parcels at the airport.

Vice Mayor McKervey expressed concerns regarding flaws in the market analysis presented in the report.

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Vice Mayor Ed McKervey that the City Council schedule a Public Hearing at the City Council Meeting of February 18, 2025, to consider adjustments to lease rates for properties at the Porterville Municipal Airport based on the findings of the market rent appraisal report, and approve the draft Mater Ground Lease Agreement. The motion carried unanimously.

Documentation: M.O. 14-020425
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Economic Development Corp. (TCEDC) - January 22, 2025 Interim City Manager Ridenour reported on a presentation that was given by RACE Communications.

2. Cal Cities New Mayors and Council Members Academy - January 22 - 24, 2025

Mayor Meister, Vice Mayor McKervey, Council Member Green, and Council Member Rivas shared about their experiences attending the training together. They reported having similar interactions, including conversations with council members from different cities and discussions on various topics during the event.

3. Tulare County Association of Governments (TCAG) - January 27, 2025 Mayor Meister stated that the meeting was business as usual and mentioned projects relevant to Porterville, including a roundabout on Westwood and Highway 190, as well as discussions regarding the SB 1 Gas Tax.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
• Council Member Beltran discussed the Employee of the Month, his attendance at the Porterville Police Department Badge Pinning Ceremony, and addressed a recent incident involving a protester and an incident regarding a shooting. • Council Member Rivas had no comment.
• Council Member Green had no comment.
• Vice Mayor McKervey emphasized the importance of making significant progress on both weed abatement and the removal of homeless encampments. He also addressed community concerns about the high water bills that the local churches are receiving and requested that the council consider the following motion.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve Vice Mayor McKervey’s request to bring an item at a future meeting to review exempting nonprofits and churches to be exempt from the City’s water conservation efforts.

The motion carried unanimously.

Documentation: M.O. 15-020425
Disposition: Approved.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve Vice Mayor McKervey’s request to bring an item at a future meeting to consider and discuss reviewing the recent sewer rate increases, specifically associated with the Churches in the city. The motion carried unanimously.

Documentation: M.O. 16-020425
Disposition: Approved.
• Mayor Meister expressed appreciation for the firefighters at the earlier presentation and praised the efforts of the Porterville Police Department in addressing the recent protest in the city.

• City Manager Jason Ridenour praised the Porterville Police Department for their effective handling of a recent shooting incident.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 9:59 p.m. to the meeting of February 18, 2025, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Greg Meister, Mayor
Item No. 2.

CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Authorization to Renew the Web Hosting Contract with Revize SOURCE: Finance
COMMENT: The City's website serves as a platform for providing information, resources, and services, to residents, businesses, and visitors. On December 17th, 2019, the City Council approved a contract with Revize to redesign and host the City's website. The redesign prioritized ADA compliance and introduced a more user-friendly interface, allowing staff to easily manage and update department content. Our current web hosting contract with Revize expired on January 29, 2025.

Staff reached out to multiple web hosting providers for proposals and received the following two quotes. Granicus was also contacted but declined to provide a quote.

Vendor One Time Fee Annual Expense 5 Year Total
Revize 0 $5,990 $29,950
CivicPlus $21,446 $7,169 + 5%/year $61,060
Granicus The vendor opted not to submit a quote.

Revize has provided reliable web hosting service with excellent support, ensuring that the City's website remains operational and user-friendly.

To maintain this level of support and avoid incurring implementation costs and a lapse in service, staff recommends continuing our partnership with Revize for web hosting services.

Staff requests City Council approval of a 5-year contract with Revize, commencing on January 30, 2025, and expiring on January 29, 2030, for the City's web hosting at an annual rate of $5,990. Funds for the recurring cost of the annual web hosting fee are programmed in the General Fund Information Technology operating budget.

RECOMMENDATION: That the City Council approve a 5-year agreement with Revize, commencing on January 30, 2025 and expiring on
January 29, 2030, for the City's website hosting for an annual cost of $5,990.

Item No. 2.

ATTACHMENTS: 1. Revize Quote

2. CivicPlus Quote
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager

Revize Web Services Sales Agreement
This Sales Agreement is between City of Porterville (“CLIENT”) and Revize LLC, aka Revize Software Systems, (“Revize”). Federal Tax ID# 20-5000179 Date: 1-23-2025 CLIENT INFORMATION: REVIZE LLC:

Company Name: Porterville Revize Software Systems
Company Address: 291 North Main Street 150 Kirts Blvd.

Company City/State/Zip: Porterville, California 93257 Troy, MI 48084 Contact Name:

Robert Campos
[email protected]
(559) 782-7432
248-269-9263
Billing Dept. Contact:

Client Website Address: https://www.ci.porterville.ca.us/ Quantity Description Set-up
Price Annual
1 Revize Annual Fee, pre-paid: Includes Unlimited Tech Support, CMS software updates (Unlimited Users), security software updates, SSL security certificate, and website health checks. Website hosting Included free of charge (50 GB storage space, 100GB month bandwidth limit) with pre-paid annual fee:
$5,990
` GRAND TOTAL $5,990
Terms:

1. Payments: All Invoices are due upon receipt.

2. 5-year agreement, annual fee pricing locked. New term takes effect January 30, 2025

3. This agreement is the only legal document governing this sale & subject to the laws of the State of Michigan

4. Both parties must agree in writing to any changes or additions to this Sales Agreement.

5. At any time during the term of this agreement, Revize will provide a website design refresh at no charge.

6. Additional bandwidth will be made available as needed during high traffic events. Revize reserves the right to put in place mitigation measures for expected DDOS attacks AGREED TO BY: CLIENT REVIZE
Signature of Authorized Person:

Name of Authorized Person: Dylan Johnston
Title of Authorized Person Account Manager ___

Date:

Please sign and return to: [email protected] Fax 1-866-346-8880 The Following Applications & Features are be integrated into Your Website Project In addition to the Revize Content Management System that enables non-technical staff to easily and quickly create/update content in the new web site, Revize provides a suite of applications and features specifically designed for municipalities. All of those apps and features are fully described in the following section. The applications and features are grouped into five categories:
• Communication Center Apps
• Engagement Center Apps
• Staff Productivity Apps
• Site Administration and Security Features
• Mobile Device and Accessibility Features
Citizen’s Communication Center Apps
• Home Page Alert
• E-Notification Center with Text/Email Alerts
• Document Center with anticipative search
• FAQs with anticipative search
• News Center with Facebook/Twitter Integration
• “Share This” Social Media App
• Social Media Center or Wall
• Online Web Forms
• Photo Galleries
• Quick Link Buttons
• Revize Web Calendars - unlimited
• Sliding Topic/Feature Bar
• Language Translator – over 90 languages
Citizen’s Engagement Center Apps
• Citizen Request Center with Captcha
• Public Records Request App
• Multi-use Listing Directory with picture, phone, email, Google navigator example: https://www.largo.com/facilities_directory/index.php • Online Bill Pay via Revize Partner

• RSS Feed
Staff Productivity Apps
• Image Manager
• iCal Integration
• Link Checker
• Menu Manager
• Bid Posting Management System via Vendor Registry
• Online Web Form Builder
• Website Content Archiving
• Website Content Scheduling
Site Administration and Security Features
• Audit Trail
• Drag and Drop Menu Management
• Drag and Drop Picture Management
• Drag and Drop Document Management
• History Log
• URL Redirect Setup
• Roles and Permission-based Security Mode
• Secure Site Gateway
• Unique Login/Password for each Content Editor
• Web Statistics and Analytics
• Workflows by Department
Mobile Device and Accessibility Features
• Font Size Adjustment
• ADA Accessibility Button
• Alt-Tags
• Responsive Website Design (RWD)

Service Level Agreement
Maximum Response Times via Severity Level
• 1 hour for crisis issues
• 4-6 hours for critical issues
• 24 hours for normal issues
Crisis issues are defined as when a website error renders the CMS program or website completely unusable or nearly unusable or introduces a high degree of operational risk and no workaround is available. Till this every error is resolved, the website is essentially halted. A large number of users and or core program functionality a severely impacted.

Critical issues are defined as website errors that are an inconvenience or causes a consistent behavior of the website, which does not impede the normal functioning of the website. It could be an error that occurs consistently and affects non-essential functions and is an inconvenience which impacts a small number of users. May also contain visual errors for the graphical display of the website that is not ideal but still functioning correctly.

Normal issues are defined as an error that has a small degree of significance or is a minor cosmetic issue, or is a one-off case. A one-off case occurs when the error occurs and cannot be reproduced easily. These are errors that do not impact the daily use of the website. A low error is something that does not affect normal use, and can be accepted for a period of time, but user would eventually want changed.

Technical Support Escalation:

If an issue cannot be remedied by the Tech Support technician within 3 days, it will be escalated to the CTO, Ray Akshaya. If the problem is not resolved within 3 business days, then the Business Development Director, Joseph Nagrant, will assemble a team to work on the issue and have a conference call with the client explaining the resolution path the company will take to resolve the issue. If additional time is needed, the Business Development Director will contact the client and notify the client with an explanation and a follow up date as agreed by both the client and Revize.

Revize Support
• 8 a.m. – 8 p.m. EST Phone Support (Monday thru Friday) • 24X7X365 Portal & Email Support
• Dedicated support staff to provide assistance and answer all questions • Training refreshers
• Video tutorials and online training manual
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-91644-1
Date: 1/28/2025 1:09 PM
Expires On: 2/28/2025
Client:

City of Porterville, CA
Bill To:

PORTERVILLE CITY, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Hector Ortega [email protected] Net 30
One-time(s)

QTY PRODUCT NAME DESCRIPTION

1.00 DNS and Domain Hosting Setup DNS and Domain Hosting Setup: https://www.ci.porterville.ca.us/

1.00 Premium Implementation -
CivicEngage
Premium Implementation
150.00 Website Content Development -
1 Page
Content Development - 1 Page

4.00 Website New Customer Virtual
System Training - Up to 3 hours
Website Virtual System Training - Up to 3 hours & 12 attendees Recurring Service(s)

QTY PRODUCT NAME DESCRIPTION

1.00 Annual - CivicEngage Central Annual - CivicEngage Central

1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central

1.00 Guardian Security (Cloudflare

WAF/CDN)
Cloudflare Tier 1 WAF/CDN security protection

1.00 SSL Management CivicPlus
Provided
SSL Management CivicPlus Provided: https://www.ci.porterville.ca.us/

1.00 DNS and Domain Hosting
Annual Fee
DNS and Domain Hosting Annual Fee: https://www.ci.porterville.ca.us/ V. PD 06.01.2015-0048

Initial Term Beginning at signing and ending 60 months from the date of signature. Renewing annually on the date of signature.

Initial Term Invoice Schedule 30% Year One Annual Total invoiced at signing, remaining 70% Year One Annual Total invoiced 6 months from
signature date or completion of implementation, if earlier.

Subsequent Annual Totals invoiced every 12 months.

Annual Subscription One Time Fees Annual Total
Year One USD 7,169.00 USD 21,446.35 USD 28,615.35
Year Two USD 7,527.45 USD 7,527.45
Year Three USD 7,903.82 USD 7,903.82
Year Four USD 8,299.01 USD 8,299.01
Year Five USD 8,713.96 USD 8,713.96
Subtotal USD 61,059.60
Annual Recurring Services Starting Year 6 USD 9,149.66
Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein.

V. PD 06.01.2015-0048

Acceptance of Quote # Q-91644-1
The undersigned has read and agrees to the Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

Item No. 3.

CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Authorization to Execute Agreement - Permitting Software SOURCE: Engineering and Project Management
COMMENT: At its meeting on September 3, 2024, the City Council authorized staff to distribute a Request for Qualifications (RFQ) seeking qualified vendors to provide a fully integrated permit tracking software system that will support both online and mobile functionality. The city currently uses the EnerGov permitting system by Tyler Technologies, but after several software updates over the years, it has become inefficient to use as it has lost a number of key features. The goal of the new software is to enhance operational efficiency, improve service delivery, and facilitate an improved and more transparent interaction with customers.

On October 3, 2024, staff received six (6) Statements of Qualifications (SOQs) for permitting software services. Staff reviewed and rated the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services." The results of the SOQ ratings are as follows (84 total points possible):

1. Granicus (SmartGov) 82.7 pts

2. TruePoint Solutions (Accela) 81.0 pts

3. Avocette Tech, Inc. (Accela) 79.0 pts

4. PSD Citywide 59.3 pts

5. Intuitive Municipal Solutions (IMS) 52.3 pts

6. KAT Enterprise 46.3 pts
From the initial SOQ ratings, staff found that the top two (2) submitted software options (SmartGov and Accela) were the most qualified and should be further evaluated through a product demonstration comparison. Product demonstrations were conducted to review the organization of the software solution, available options to implement, ease of use for both staff and the public, its overall user interface, and the available level of customer support. After the two product demonstrations were completed, it was determined that the City's needs would be best met by SmartGov.

Attached is the proposal negotiated with Granicus. Staff recommends the purchase of the SmartGov system for a one-time implementation Item No. 3.
cost of $62,670.46 and an annual subscription fee of $60,472.65, for a total contract cost not to exceed $123,143.11. Funding for this contract is approved in the Fiscal Year 2024-2025 budget from the General Fund.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management
Director to execute the Consultant Service Agreement for Permitting Software Services to Granicus in the amount of $123,143.11; and

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

ATTACHMENTS: 1. Granicus Proposal
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
THIS IS NOT AN INVOICE Order Form
Prepared for
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Granicus Proposal for Porterville, CA

ORDER DETAILS
Prepared By: Brian Ondrako
Phone:

Email: [email protected]
Order #: Q-425819
Prepared On: 12 Feb 2025
Expires On: 13 Apr 2025
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 12 months.

ORDER TERMS
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
SmartGov Training Upon Delivery 1 Each $3,040.80
SmartGov Custom Implementation Upon Delivery 1 Each $0.00 Financial Export Connector Configuration Upon Delivery 1 Each $2,893.80 Existing Merchant Connector Configuration Upon Delivery 1 Each $1,736.70 Project Management - SmartGov Upon Delivery 1 Each $8,174.41 Data Migration - Documents &
Attachments Upon Delivery 1 Each $3,150.00
Map Connector Configuration Upon Delivery 1 Each $1,446.90 Parcel Connector Configuration Upon Delivery 1 Each $3,617.25 Portal Configuration Upon Delivery 1 Each $1,446.90
Fees Configuration (Pages) Upon Delivery 5 Each $3,076.50 General Config Upon Delivery 1 Each $2,893.80
Workflow template customization Upon Delivery 1 Each $20,609.40 Standardized Data Migration - Permits Upon Delivery 1 Each $5,788.65 Base Standardized Migration Cost Upon Delivery 1 Each $2,170.35 Custom Reports Upon Delivery 5 Hours $2,625.00
SUBTOTAL: $62,670.46
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
SmartGov - Enterprise
Annual 1 Each $57,591.45
SmartGov Code Enforcement
Annual 1 Each $0.00
SmartGov Licensing
Annual 1 Each $0.00
SmartGov Permitting
Annual 1 Each $0.00
SmartGov Connector Financial
Annual 1 Each $1,440.60
SmartGov Connector Merchant
Annual 1 Each $1,440.60
SUBTOTAL: $60,472.65
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

PRODUCT DESCRIPTIONS
Solution Description
SmartGov - Enterprise Annual subscription to SmartGov software for: Permitting, Licensing, and Code Enforcement. Subscription includes the Public Portal.

SmartGov Code Enforcement Annual subscription for SmartGov Code Enforcement Module for managing service requests and complaints.

SmartGov Licensing Annual subscription for SmartGov Licensing Module for contractor registration, rental registration, business licensing.

SmartGov Permitting Annual subscription for SmartGov Permitting Module for building and planning permits, inspections, and contacts.

SmartGov Connector Financial The SmartGov Financial Connector outputs a financial extract with a predetermined format which may be written to the customer's FTP site, if desired, to facilitate automated external processing of the file. The customer may request the use of an alternate delimiter if a comma is not acceptable. The financial extract job may be run on demand or scheduled to run on a consistent basis (e.g., daily, weekly, monthly, etc.).

Companion reports designed for reconciliation and extract verification are also available.

SmartGov Connector Merchant Connection to one merchant in the back office and/or portal from a list of available options. Subscriber remains responsible for the relationship with the provider.

SmartGov Training Includes up to two (2) hours of User Acceptance Training to prepare primary users for Validation, focused on navigation and testing best practices.

Go-Live training will span a one (1) week period, provided in three (3) hour sessions focused on Permit/Application Intake, Review, Inspections and Code Enforcement processes (as needed).

SmartGov Custom
Implementation
SmartGov Configuration based on implementation options selected.

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Financial Export Connector
Configuration
Configure financial export according to subscribers FMS (financial management system) as provided by Subscriber.

Train Subscriber on how to export and set scheduler.

Company will customize the configuration of the export to match Subscriber financial system input needs as documented. Available customizations include:

Additional data fields
Altered order of column information
Alternate delimiter or fixed width formatting
A header line is not part of the export.

Financial Connector does not connect directly with any Financial Management System.

If Subscriber provides a local (FTP) File Transfer Protocol, the Financial Connector can automatically upload to the defined FTP destination.

By default, financial extract jobs are pre-configured and the included configuration of the Receipt Extract job will produce a comma-delimited file with the following data points:

Receipt Number
Receipt Date
FMS/GL Code
Fund
GL Account
Fee Amount Paid
Fee Code Name
Permit/License/Case Number
Payer Name
The included configuration of the Receipt Extract – FMS/GL Summary job will produce a comma-delimited file with the following data points:

FMS/GL Code
Fund
GL Account
Fee Amount Paid
The file output of the financial extract may be written to the customer's FTP site, if desired, to facilitate automated external processing of the file. The customer may request the use of an alternate delimiter if a comma is not acceptable.

The financial extract job may be run on demand or scheduled to run on a consistent basis (e.g., daily, weekly, monthly, etc.). Companion reports designed for reconciliation and extract verification are also available.

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Existing Merchant Connector
Configuration
Configure merchant connection.

Test and troubleshoot connection during test process.

Subscriber to provide the required linking information for Company to complete the setup. These will often include connection URLs, Login IDs, and Transaction Keys. Requirements vary slightly depending on the selected Merchant.

SmartGov will not test in Production environments.

Project Management -
SmartGov
Project Management: Company Project Manager will act as an extension of the Subscriber's team and manage the implementation from start to finish. The Subscriber will have access to a personalized timeline which will be reviewed on a regular cadence. The Project Manager will partner with the Subscriber to coordinate all services, management of the project timeline, and help identify risks and/or issues.

Project Management Services include:
• Project planning and kickoff meetings.
• Project schedule developed and maintained according to the SOW tasks, deliverables, dependencies, and resource assignments. • Status reporting and coordination of status meetings, bi-weekly, or as required.
• Schedule monitoring and scope management.
• Risk Management planning to identify, analyze, and mitigate risks. • Action Item and decision tracking, as well as resolving and escalating issues.
• Change control management and issue tracking.
• Company project resource management.
• Verify product and deliverable acceptance with Subscriber. • Facilitating transition to Support.
• Company's Project Manager will serve as the single point of contact for the project related to this SOW.

Data Migration - Documents &
Attachments
Includes migration of clients documents/images as attachments to notes on permits, parcels, code enforcement cases or licenses.

Client must provide easy mapping from documents to the object (permit, parcel, case etc...) it will be attached to
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Map Connector Configuration Configure subscribers ESRI GIS layers into SmartGov Troubleshooting the incoming data
Train client on how to maintain the service in SmartGov.

MAP/GIS Connector:

Company will connect to ESRI Map Service provided by Subscriber and secured by a publicly trusted certificate issued by a Certificate Authority.

Subscriber is responsible for contracting separately with ESRI map service provider and ESRI configuration.

SmartGov Requirements for Map Connector Integration:

ArcGIS for Server 10.4 or ArcGIS for server Enterprise Standard 10.7.1 (OR) ArcGIS Online.

Subscriber Map Service must be publicly accessible and require no user authentication of any kind.

The Map Service must include a parcel layer with a designated field having parcel numbers that exactly match those provided in the Parcel Connector source data (this layer may be the same as that provided for the Parcel Connector if no authentication is required for access).

Support for Feature, Tiled, and Web Map Services is not included.

Custom base maps are not supported. Base maps from the ESRI base map library will be available for use.

The following base maps are currently included (subject to change):

Imagery
Imagery Hybrid
Streets
Topographic
Navigation
Streets (Night)
Terrain with Labels
Light Gray Canvas
Dark Gray Canvas
Oceans
National Geographic Style Map
Open Street Map
Charted Territory Map
Community Map
Navigation (Dark Mode)
Newspaper Map
Human Geography Map
Human Geography Dark Map
Modern Antique Map
Mid-Century Map
Nova Map
Colored Pencil Map
Firefly Imagery Hybrid
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
USA Topo Maps
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Parcel Connector
Configuration
Company will configure EITHER a Delimited Parcel Job OR ARCGIS Parcel Job on behalf of the Subscriber.

Configure Subscribers parcel fields into SmartGov.

Troubleshooting the incoming data and providing recommendations for Subscriber to resolve data gaps.

Train Subscriber on how to maintain the service in SmartGov.

Delimited File – A delimited file may be uploaded to the job at runtime. The delimited file option supports a single address for each individual parcel.

Subscriber must use the template provided by Company.

Parcel Layer – A parcel layer must be accessible by URL through an ESRI REST service. A secondary address-only layer may also be provided for parcels that have more than one address. The layer(s) must be publicly accessible and may be secured with a username and password.

Subscriber is responsible for obtaining, cleaning, and maintaining all parcel data within the delimited file and/or ESRI Rest service.

The configured parcel job will be available for Subscriber to run ondemand after go-live. The Parcel Layer Job can be set to run daily, weekly, monthly, or annually defined by how often Subscriber intends to update the Rest Service.

Parcel source data (delimited file or parcel layer) must include the following fields, at a minimum:

Parcel Number
Primary Situs Address
Primary Situs City
Primary Situs State
Primary Situs Zip Code
Owner Name
Owner Street Address
Owner City populated for USA addresses only
Owner State populated for USA addresses only
Owner Zip Code populated for USA addresses only
International Indicator with a value of "Y" for any owner address outside of the USA
International line including the full regional equivalent of the city, state and zip code for any owner address outside of the USA
Inclusion of the following additional fields is recommended:

Parcel center point latitude in decimal degrees
Parcel center point longitude in decimal degrees
If using a secondary address layer with the ARCGIS Parcel job, the address layer must contain the following fields:

Parcel Number
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Secondary Situs Address
Secondary Situs City
Secondary Situs Zip Code
Inclusion of the following additional fields is recommended for the secondary address layer:

Address point latitude in decimal degrees
Address point longitude in decimal degrees
Portal Configuration Company will customize Subscriber's Portal by:
• Loading Subscriber logo.
• Exposing all permits/business licenses identified in Configuration workbook in which citizens will have access.
• Advising on best practices for public release timeline and access code configuration.
• Load Subscriber custom verbiage into limited fields.
• Provide the access URL (Uniform Resource Locator) for Subscriber to add link to jurisdiction web pages.

Includes consultant-led end-to-end walkthrough and demonstration of UAT/Validation process to Subscriber to confirm functionality meets configuration requirements.

Fees Configuration (Pages) Subscriber Fees configured based on provided Fee schedule and according to Configuration Workbook. Based on Subscriber fee schedule, defined in the Order Form, Company will:
• Setup Subscriber fee code calculations.
• Load Subscriber FMS (Financial Management System) / GL (General Ledger Code) (according to Configuration Workbook). • Load Subscriber Valuation table (according to Configuration Workbook or ICC (International Chamber of Commerce) table).

Setup Subscriber fixture costs (according to Configuration Workbook).
• Load other Subscriber custom attributes / details as required for Subscriber fee calculations (according to Configuration Workbook).

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
General Config General Configuration: As part of the General Configuration, Company will:
• Create Subscriber database with best practice defaults. • Provide Validation environment access to Subscriber.
• Load Subscriber users with Company standard permissions (according to Configuration Workbook).
• Configure system values (locality, time zone, header and footer detail, standard report settings).
• Load Client Code References/Violation types (according to Configuration Workbook).
• Set up General Ledger accounts.
• Load Subscriber logo.
• Provide access to over 100 reports and output document templates. Subscriber receives credentials for environment when initial configuration items under General Configuration deliverable are completed.

Workflow template
customization
Workflow Template Configuration: Company will configure process templates as defined in the Business Process Analysis phase for each department in scope: Building/Permits, Code Enforcement, Licensing and/or Recurring Inspections. Company will:

Load Subscriber Code References/Violation types (according to Configuration Workbook).

Load custom attributes/details within the limited fields available (not associated with fees, according to Configuration Workbook).

Configure workflow to meet business requirements defined in Configuration Workbook.

Consultant-led end-to-end walkthrough and demonstration of UAT/Validation process to Subscriber to confirm functionality meets configuration requirements.

Completed upon configuration according to documentation in the Configuration Workbook
Percentage: 100%
Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Standardized Data Migration -
Permits
Company will import permit data from a single client database source, approved by Company as standard source data. Multiple databases or unapproved source data will be subject to a change order for a custom data migration.

The fields below are considered in-scope of a standard Permit data migration. The final output has many factors, including the fields available from the source data. Fields: Basic Permit Info, Parcel Contacts (Contractors will be listed on Contacts), Inspections, Fees as Notes, Notes The data migration process assumptions: Subscriber will provide an initial data set from source database. Company will provide a mapping workbook to Subscriber where Subscriber is responsible for mapping data fields to the preconfigured database fields. Subscriber will have two (2) weeks ten (10) business days to validate the initial data load and provide feedback. There is a maximum of two (2) rounds of feedback within that 10-day period.

Thorough validation is necessary for any successful SmartGov data migration as there is no additional data cleansing possible after the final migration. No more system changes will be permitted after successful Validation. Subscriber to provide a final data set three (3) business days before Go-Live. Final data load will occur the day before Go-Live.

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

Solution Description
Base Standardized Migration
Cost
Base Data Migration includes non-module data such as contacts and is included in all standard data migration packages with one or more module data migrations.

Company will import permit data from a single client database source, approved by Company as standard source data. Multiple databases or unapproved source data will be subject to a change order for a custom data migration.

The Standard Data Migration includes the Base fields and one or more of the additional datasets per the Sales Order Form. The fields below are considered in-scope of a standard data migration. The final output has many factors, including the fields available from the source data. Parcels:

Ownership Addresses Contacts: Phone Address Email
The data migration process assumptions: Subscriber will provide an initial data set from source database. Company will provide a mapping workbook to Subscriber where Subscriber is responsible for mapping data fields to the preconfigured database fields. Subscriber will have two (2) weeks ten (10) business days to validate the initial data load and provide feedback. There is a maximum of two (2) rounds of feedback within that 10-day period. Thorough validation is necessary for any successful SmartGov data migration as there is no additional data cleansing possible after the final migration. No more system changes will be permitted after successful Validation. Subscriber to provide a final data set three (3) business days before Go-Live. Final data load will occur the day before Go-Live.

Custom Reports Custom scoped work for custom reports outside of the scope of the standard reports offered.

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-425819 dated 12 Feb 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Porterville, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.

Order Form
Porterville, CA
Order #: Q-425819
Prepared: 12 Feb 2025

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-425819 dated 12 Feb 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Porterville, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Item No. 4.

CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Authorization to Distribute a Request for Proposals for Bus Stop Signs SOURCE: Public Works
COMMENT: The Transportation Department is seeking authorization to release a Request for Proposals (RFP) to replace aging bus stop signs across the City. Many of the existing signs have been in place for years and have deteriorated due to prolonged exposure to weather and vandalism, making them difficult to read and less effective for riders. This replacement initiative is part of the department’s long-term asset management strategy, ensuring that transit infrastructure is regularly updated for safety, visibility, and ease of use.

Bus stop signs play a crucial role in the transit system, providing clear identification of stop locations and critical route information. Over time, fading, rust, and physical damage have reduced their effectiveness. The new signs will be constructed using high-visibility, reflective materials to enhance readability in all lighting conditions, with durable coatings to extend their lifespan and reduce maintenance needs.

The Transportation Department has historically followed a structured replacement schedule for signage, shelters, and other transit amenities, similar to the replacement planning used for the transit fleet. This proactive approach helps maintain a reliable and user-friendly public transportation system while minimizing unexpected repair costs.

The primary focus of the updated signage remains on ensuring riders can easily locate bus stops and access clear, legible information.

A total of $100,000 has been allocated for this project, with 80% ($80,000) funded by the Federal Transit Administration (FTA) and 20% ($20,000) from local transportation funds. The RFP will seek qualified vendors who can provide durable, cost-effective signage that meets the City's specifications.

Upon Council approval, the RFP will be released within five business days, with a 30-day proposal period. A selection committee will evaluate the submissions, and the recommended vendor will be presented to the City Council for final approval. Installation is expected to begin shortly thereafter.

Item No. 4.

This project represents an investment in keeping Porterville’s transit system safe, accessible, and user-friendly for all riders.

RECOMMENDATION: That the City Council authorize the distribution of a Request for Proposals (RFP) for the procurement of bus stop signs.

ATTACHMENTS: 1. DRAFT RFP Bus Stop Signs
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
REQUEST FOR PROPOSAL RFP No.

BUS STOP SIGNS
February 25, 2025
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.

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

City of Porterville
Bus Stop Signs

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

BUS STOP SIGNS
PROPOSALS will be received by the Transportation Department, submitted through the Public Purchase website, until 2:00 P.M. on Thursday, March 27, 2025, for the Contract to bus stop signs and materials.

Proposals must be submitted through the Public Purchase website.

A mandatory site visit is NOT REQUIRED in order to be familiar with the site and the work to be performed.

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

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

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

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

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

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

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

Publication Dates:

February 25, 2025

City of Porterville
Bus Stop Signs
Table of Contents
Section I - Instructions................................................................................................................................4 Section II – Standard Terms and Conditions.........................................................................................14 Section III – Special Terms and Conditions...........................................................................................25 Section IV – Insurance and Indemnification..........................................................................................34 Section V - SCOPE OF WORK...............................................................................................................38 Section VI – Federal Transit Administration (FTA) Terms and Conditions......................................42 Exhibit A – Required Forms....................................................................................................................67 Exhibit B – Sample General Services Agreement..................................................................................74

City of Porterville
Bus Stop Signs
Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public February 25, 2025
Required Site Tour Not Required
Deadline to submit questions March 11, 2025
Proposal submittal deadline @ 2:00 pm PST March 27, 2025 Short list established and vendors notified N/A
Interviews/Presentation with short-listed vendors (if required) N/A Award of Contract @ City Council Meeting April 15, 2025 Contract Begins May 1, 2025
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website. Proposals must be submitted through the Public Purchase website.

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

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

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

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

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

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

Preparation of Offer

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

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

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

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

5. It is the responsibility of all Proposers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after due date and time. Proposers are strongly encouraged to:
1) Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. 2) Study and carefully correlate Proposer’s knowledge and observations with the RFP document and other related data.
3) Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which a proposer has discovered in or between the RFP document and such other related documents.

City of Porterville
Bus Stop Signs
4) The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Proposer is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
5) Proposers are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Proposals offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. 6) Proposers’ responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products proposed. Proposals submitted without this product information may be considered as non-responsive and rejected.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Proposer, regardless of whether the City responds to the contact. Proposers that violate this policy will be disqualified until the resulting contract(s) are

City of Porterville
Bus Stop Signs
awarded, or all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

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

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

In the event a Protest is rejected, the Proposer may appeal the rejection as set forth in the City’s FTA Procurement and Administration Manual or herein but, again, said appeal shall be decided by the City based upon what it determines to be in its best interest. As such, legal concepts (such as the California or Federal Rules of Civil Procedure and the Judicial Rules of Evidence) and other matters which may be applicable to judicial or other proceedings are not applicable to a Protest in accordance with the City’s FTA Procurement and Contract Administration Manual. In addition, the appeal process set forth in the City’s FTA Procurement and Contract Administration Manual is exclusive and upon the exhaustion of the appeal, no further appeal may be taken, or separate suit filed against the City.

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

Public Record
All Proposals submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to California State law. If a Proposer believes that a specific section of its Proposal response is confidential, the Proposer will isolate the pages marked confidential in a specific and clearly labeled section of its Proposal

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response. A Proposer may request specific information contained within its Proposal is treated by the Procurement Officer as confidential provided the Proposer clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Proposers as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Proposer in writing of any request to view any portion of its Proposal marked “confidential.” The Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure.

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

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

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

Pre-Bid Meeting
A mandatory site visit is NOT REQUIRED in order to be familiar with the site and the work to be performed.

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

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

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

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

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

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

The City’s determination as to whether a Proposer is responsible will be based on all information furnished by the Proposer, interviews (if any), any information at the City’s request and information received from Proposer’s references, including information about Proposer’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Proposal, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.

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

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

Detailed Evaluation of Proposals and Determination of Competitive Range During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the

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overall consensus score. The overall consensus scores will determine the Proposer’s rankings and which Proposals are within the Competitive Range, when appropriate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maximum Prices
The City will not be invoiced at prices higher than those stated in any contract resulting from this Proposal. Contractor certifies, by signing this Proposal that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions, as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Proposal and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
• In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
• In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract; • In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality. • Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
• In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.

State and Local Sales and Use Taxes
In accordance with applicable state and local law, sales and use taxes may be applicable to this transaction. The state and local sales and use tax burden and legal liability to remit taxes are on the vendor that is conducting business in California and the City of Porterville. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on speculation or

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application of any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your offer. Once your proposal is submitted, the Proposal is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.

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

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

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

Mitigation of Heat-Related Illnesses and Injuries in the Workplace Any contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Confidentiality
“Confidential Information” means all non-public, confidential, sensitive, or proprietary information disclosed or made available by City to Contractor or its affiliates, employees, contractors, partners, or agents (collectively “Recipient”), whether disclosed before or after the “Effective Date” of contract award by City Council, whether disclosed orally, in writing, or via permitted electronic access, and whether or not marked, designated, or otherwise identified as confidential. Confidential Information includes, but is not limited to: user contents, electronic data, meta data, employment data, network configurations, information security practices, business operations, strategic plans, financial accounts, personally identifiable information, protected health information, protected criminal justice information, and any other information that by the nature and circumstance of the disclosure should be deemed confidential. Confidential Information does not include this document or information that: (a) is now or subsequently becomes generally available to the public through no wrongful act or omission of Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its possession prior to receiving such information from the City; (c) Recipient can demonstrate by its written records to have been independently developed by Recipient without direct or indirect use of any Confidential

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Information; (d) Recipient lawfully obtains from a third party who has the right to transfer or disclose it; or (e) the City has approved in writing for disclosure.

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

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

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

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

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

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

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

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

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(6) maintain written records of all information reasonably necessary to demonstrate Contractor’s compliance with this Contract and applicable laws;
(7) allow the City or its authorized agents to conduct audit inspection during the term of the Contract, but no more than once per year, which may include providing access to the premises, documents, resources, personnel Contractor or Contractor’s sub-contractors use in connection with the Services; provided however, the City may at its sole discretion accept a qualified and industry recognized independent third-party assessment report or certification (such as SSAE 18 SOC 2 or ISO/IEC 27001) provided by Contractor at no cost to the City in lieu of the audit inspection rights of this Section.

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

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

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

Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available

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to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.

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

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

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

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

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

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

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

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

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

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

Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Contract or any part thereof without the prior written consent of the City. The name of any City site on which services are performed by the Contractor pursuant to this Contract shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.

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

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compensation shall be provided by the City for such accrued liabilities. Contractor shall not have any obligation for the liabilities of the prior contractor to its employees.

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

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

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

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

Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Contract, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract, the City may, by one calendar day written notice to Contractor, terminate the right of Contractor to proceed under this Contract, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in a California court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.

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

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

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

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

Commercial General Liability – Occurrence Form
General Aggregate - $1,000,000

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

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

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

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

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

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

Worker’s Compensation and Employers’ Liability
Workers’ Compensation
Employers’ Liability: Statutory
Each Accident $100,000

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Disease – Each Employee $100,000
Disease – Policy Limit $500,000
• Policy must contain a waiver of subrogation against the City of Porterville. • This requirement does not apply when a contractor or subcontractor is exempt, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

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

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

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

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

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

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

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

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

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

The CITY is seeking proposals for the purchase and delivery of bus stop signs and materials. The city is purchasing the bus stop signs with the goal of providing additional comfort and safety for passengers who use our bus services.

Contract Term
The contract will have a base term of one (1) year, with four (4) additional one-year option periods.

Materials will be ordered on an as-needed basis throughout the term of the contract.

Ordering and Delivery Requirements
Initial order value will be approximately $100,000 of product. All future order will be for Product ordered on an as-needed basis. No minimum or maximum order quantities are guaranteed under this contract. Materials shall be delivered to the City’s designated facility at the following address:
555 N. Prospect St., Porterville, CA 93257. All items must be packaged to prevent damage during transit.

Preferred Style
• Brasco SolStop
Part 1 - General
General Specifications
• Design and fabrication of Bus Passenger Waiting Shelters and related Site Furnishings.

Buy America Compliant
• Yes
Related Work
• Concrete & Installation (By Others)
References
• The Aluminum Association – Aluminum Design Manual 2010 • American Welding Society – AWS D1.2/D1.2M: 2008
• ASCE 7 2010 Minimum Design Loads for Buildings and Other Structures • ASTM B 209 Specification for Aluminum and Aluminum Alloy - Sheet and Plate

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• ASTM B221 Specification for Aluminum and Aluminum Alloy – Extruded Bars, Rods, Wire, Profiles, and Tubes
• ANSI Z97.1-1975 Safety Glazing Materials Used in Buildings • Americans with Disabilities Act of 1990 (ADA)
Submittals
• Product Data – Manufacturer’s brochures, specifications, and installation instructions. • Manufacturer’s statement of certification that materials meet or exceed all applicable loadings (wind load, live load, dead load, snow load) for the project location in accordance with IBC 2006, and ASCE 7-05.
• Samples of finish (available upon request).

Quality Assurance
• Bus Stop Poles and Signs shall be designed to comply with local building codes. • Manufacturer shall have a minimum of 10 years’ experience in designing and fabrication of the specified shelter.

Delivery and Storage
• Factory pre-wired and pre-assembled.
• Store Materials in clean, dry area in accordance with manufacturer’s instructions. Keep materials in original, unopened containers and packaging until installation. Do not store in direct contact with the sun or rain.

Warranty
• Manufacturer warrants that product shall be free from defect in parts and manufacture for a period of one year. Manufacturer shall maintain inventory of replacement parts for ten years after delivery of shelter.

Part 2 – Products
Bus Stop Pole
Basco SolStop or approved equal
• 3” Square Pole
• 8 - 10’ Length
• 14 gauge
• Powder-coated steel
• Factory pre-wired and pre-assembled
• Solar Light Package
o UL Listed Solar Panels and LED Lights
o UL Recognized Batteries
o ADA compliant push button activation

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• Pole-mounted seating
o Finish (TBD)
• Pole-mounted schedule holder
o Finish (TBD)
• Designed for compatibility with side mount brackets.
• Must meet federal and state DOT requirements for signage and durability in outdoor conditions.
• Approved equals that meet the required material, finish, and functionality are acceptable.

Schedule Holder
• 6” wide x 18.5” height
• 1” depth
• Media Size 18.125” H x 5.75” W
• Powder Coat Finish
• Aluminum
• Pole Mounted (Hardware included)
• 1.4” acrylic cover
Bus Stop Sign (Double Sided)
• Pole-mounted double sided bus stop sign
• Material - .080 aluminum
• Size - 13” x 18”
• Holes predrilled to bus stop pole mounting specification Side Mount Bracket Kit
• Powder-coated steel or aluminum
• Finish (TBD)
Fasteners
• All fasteners shall be stainless steel, aluminum, or a combination of both. Zinc plated fasteners will not be accepted.

Signage Schematics:
• Signage Sample for Comparison
• Bus Stop Sign (Double Sided)
• Proposer is required to assist City with design of bus stop sign o Sample design below for reference

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o
Evaluation Criteria
Type Points
Bus Shelter Design 30
Experience 30
Maintainability/Durability 10
Past Performance 10
Price 20

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

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

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

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

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

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

C. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the AGENCY, which must then promptly notify the U.S. DOT Inspector General in

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

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

AGENCY,

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

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

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

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

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

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

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

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

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

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

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

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A. Nondiscrimination in Federal Public Transportation Programs.

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

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

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

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

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

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

C. Equal Employment Opportunity.

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

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

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

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

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

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

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

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

7. INCORPORATION OF FTA TERMS
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the

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preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the AGENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

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

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

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

B. Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.

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

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

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

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

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

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

A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.

B. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall

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continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by a California Court of competent jurisdiction.

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

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

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

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

Contractor shall use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels (46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381); B. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-

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lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the AGENCY (through the Contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
C. Contractor shall include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

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

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

C. If available, Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

D. If Contractor selects a carrier other than a U.S.-flag air carrier for international involving such transportation essentially as follows:

Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:

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_____________________________________________
(End of statement)
E. Contractor shall include the substance of this clause, including this paragraph (E), in each subcontract or purchase under this contract that may involve international air transportation.

16. EMPLOYEE PROTECTIONS
A. Prevailing Wage & Anti-Kickback
[These requirements apply to all prime construction, alteration, or repair contracts in excess of $2,000.]

1. For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, Contractor shall comply with the Davis-Bacon Act and the Copeland “AntiKickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

2. In addition, Contractor shall pay wages not less than once a week. Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

B. Contract Work Hours/Safety Standards for Awards Involving Construction [These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.]

1. For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working

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conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.

2. In the event of any violation of the clause set forth herein, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the City of Columbia or a territory, to such City or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.

3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

4. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Contract.

C. Contract Work Hours/Safety Standards for Awards Not Involving Construction [These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.]

1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part

5. 2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee,

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social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.

4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.

17. SEISMIC SAFETY
[These requirements apply only to contracts for the construction of new buildings or additions to existing buildings.]
Contractor shall design and construct any new building or addition to an existing building in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations (49 CFR part 41) and will certify its compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

18. VETERANS EMPLOYMENT
[These requirements apply only to capital projects. See 49 U.S.C. § 5302(3).] Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

19. BONDING
[These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $250,000). See FTA Circular C 4220.1F for specific bonding requirements.] Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of the AGENCY if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:

A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or

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other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

B. A performance bond on the part of Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of Contractor's obligations under such contract.

C. A payment bond on the part of Contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

20. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS [These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.] Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):

A. U.S. DOL Certification. To the extent that FTA determines that this Contract or any Amendments thereto involve public transportation operations financed in whole or in part with Federal assistance, Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient’s project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL Letter. The requirements of this subsection (A), however do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (B) and (C) of this clause.

B. Special Warranty. If the Contract involves public transportation operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.

C. Special Arrangements. If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S.

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Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL’s letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL Letter.

D. Flow Down. Contractor shall include the substance of this clause in each subcontract that may involve operating public transit services.

21. CHARTER SERVICE
[These requirements apply to contracts for operating public transportation service.] A. Contractor shall comply with 49 U.S.C. 5323(d), (g), and (r), and 49 CFR part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally-funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: (1) federal transit laws, specifically 49 U.S.C. § 5323(d); (2) FTA regulations, “Charter Service,” 49 CFR part 604; (3) any other federal Charter Service regulations; or (4) Federal guidance, except as FTA determines otherwise in writing.

B. If Contractor engages in a pattern of violations of FTA’s Charter Service regulations, then FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: (1) barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; (2) withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or (3) any other appropriate remedy that may apply.

C. Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

22. SCHOOL BUS OPERATIONS
[These requirements apply to contracts for operating public transportation service.] Contractor shall comply with 49 U.S.C. 5323(f) and (g), and 49 CFR part 605, and not engage in school bus operations using federally-funded equipment or facilities in competition with private operators of school buses, except as permitted under: (A) federal transit laws, specifically 49 U.S.C. § 5323(f); (B) FTA regulations, “School Bus Operations,” 49 CFR part 605; (C) any other Federal School Bus regulations; or (D) federal guidance, except as FTA determines otherwise in writing. If Contractor violates these school bus requirements, then

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FTA may bar Contractor from receiving Federal assistance for public transportation or require Contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federallyfunded equipment, vehicles, or facilities. Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.

23. MOTOR CARRIER SAFETY
[These requirements apply to contracts for operating bus operation service.] A. Financial Responsibility. Contractor shall comply with the economic and insurance registration requirements of: (1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 C.F.R. part 387, if Contractor is: (a) engaged in operations requiring compliance with 49 C.F.R. part 387, (b) engaged in interstate commerce, and (c) not within a defined commercial zone; and (2) provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of insurance the Recipient must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more than one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311.

B. U.S. FMCSA Requirements. Contractor shall comply with: (1) safety requirements of U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Federal Motor Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent applicable; and (2) driver’s license requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 C.F.R. part 383, and “State Compliance with Commercial Driver's License,” 49 C.F.R. part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S.

FMCSA’s regulations, “Drug and Alcohol Use and Testing Requirements,” 49 C.F.R. part 382, and implementing federal guidance, to the extent applicable.

24. SAFE OPERATIONS OF MOTOR VEHICLES
A. Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate companyowned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or AGENCY.

B. Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

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C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

25. CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING [These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise (note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).

B. Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. Contractor is encouraged to adopt and enforce policies that ban text messaging while driving company-owned/rented vehicles, Government-owned vehicles, and privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. Contractor is also encouraged to conduct initiatives in a manner commensurate with the size of the business, such as: (1) establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (2) education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

26. SUBSTANCE ABUSE (DRUG & ALCOHOL TESTING)
[These requirements apply to contracts with contractors who perform safety-sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.”] A. Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug

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Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or the City of Porterville, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.

B. Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program.

Further, Contractor shall certify annually its compliance with parts 655 and 40 and to submit the Drug and Alcohol Management Information System (DAMIS) reports before March 15 to Transit Compliance Officer, City of Porterville Transportation Department, 291 N. Main St., Porterville, CA 93257. To certify compliance, Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.

C. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers involving the performance of a safety-sensitive function under the Contract.

27. BUY AMERICA
[These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.]
A. Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that federal fund may not be obligated unless all steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 CFR § 661.11. Contractor must submit to AGENCY the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.

B. Construction materials used in FTA-funded projects are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div.

G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184.

C. Compliance with FTA’s “Buy America Requirements,” 49 CFR Part 661, and “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184 shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preferences for Procurements.”

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28. PROHIBITED TELECOMMUNICATIONS & SURVEILLANCE SERVICES &

EQUIPMENT
The AGENCY is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (A) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (B) video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes; (C) telecommunications or video surveillance services provided by such entities or using such equipment; and (D) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

29. AIR POLLUTION & FUEL ECONOMY
[These requirements apply to contracts for the purchase of rolling stock.] The Contractor agrees to comply with applicable Federal air pollution control and fuel economy regulations, such as: EPA regulations, “Control of Air Pollution from Mobile Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600.

30. ROLLING STOCK LIMITATIONS
[These requirements apply to contracts for the purchase of rolling stock.] Contractor and its subcontractors must comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from specified manufacturers for public transportation use.

31. PRE-AWARD & POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES [These requirements apply to contracts for the purchase of rolling stock.] Contractor shall comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 CFR part 663. Contractor shall comply with the Buy America certification(s) submitted with its offer. Contractor shall participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 CFR part 663 and related FTA guidance.

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32. BUS TESTING
[These requirements apply to contracts for the purchase/lease of any bus model that is new or has any major change in configuration/components to be acquired/leased.] Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the grantee.

33. ENVIRONMENTAL PROTECTIONS
Contractor shall comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.

2. National Environmental Policy Act.

1. Contractor shall comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (a) federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (b) the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 C.F.R. part 1500 – 1508; (c) joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. part 771 and 49 C.F.R. part 622; (d) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note; and (e) other federal environmental protection laws, regulations, and requirements applicable to Contractor.

2. Contractor shall follow federal guidance to the extent that the guidance is consistent with applicable authorizing legislation, which may include: (a) joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (b) joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Pub. L. 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (c) other federal environmental guidance applicable to the Contractor.

3. Environmental Justice. Contractor shall promote environmental justice by following:
(1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order; (2) U.S. DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377, April 15, 1997; and (3) the most recent edition of FTA Circular 4703.1, “Environmental

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Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance.

4. Other Environmental Federal Laws. Contractor shall comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain Management.”

5. Use of Certain Public Lands. Contractor shall comply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 C.F.R. part 774, and referenced in 49 C.F.R. part 622.

6. Historic Preservation. Contractor shall comply with: (1) U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places; (2) federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108; (3) the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501 et seq.; (4) U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 C.F.R. part 800; and (5) other federal requirements and federal guidance to avoid or mitigate adverse effects on historic properties.

7. Indian Sacred Sites. Contractor shall facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note.

34. CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT [These requirements do not apply to contracts and subcontracts under $150,000.] Contractor shall ensure that it: (A) will not use any violating facilities; (B) will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” (C) will report violations of use of prohibited facilities to FTA; and (D) will comply with the inspection and other requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).

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35. ENERGY CONSERVATION
Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.).

36. RECYCLED PRODUCTS (SOLID WASTES)
[These requirements apply to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items.] Contractor shall provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247. The requirements of Section 6002 include: (A) procuring only items designated in guidelines of the U.S. EPA at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (B) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (C) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

37. INTELLECTUAL PROPERTY/PATENT RIGHTS & RIGHTS IN DATA [These requirements apply to contracts for the performance of experimental, developmental, or research work.]
A. This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract.

Contractor shall grant the AGENCY intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S.

DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions: Except for its own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public.

This restriction on publication, however, does not apply to any contract with an

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academic institution. For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.

B. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes”: (1) any subject data developed under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright purchased by Contractor using federal assistance in whole or in part by the FTA. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.

C. Unless FTA determines otherwise, Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.

D. Unless prohibited by state law, upon request by the Federal Government, Contractor shall indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

E. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

F. Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by