Porterville City Council
March 4, 2025

City Council Agenda March 4, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 4, 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/83818926990?pwd=q7oGgBP0lzVovVxR2eBbyFjRP88frZ.1 Or via Telephone: +1 669 900 6833 Webinar ID: 838 1892 6990 Passcode: 539674 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 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Jason Ridenour and Yuliana Andrade. Employee Organizations: Porterville City Employee Association, Management Confidential Series, Porterville Safety Support Unit, Porterville Police Officer Association, Porterville City Firefighter Association, and Fire Officer Series.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Isela Ochoa. Agency claimed against: City of Porterville.

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.

City Council Agenda March 4, 2025

4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6 - Government Code Section 54957 – Consultation with law enforcement regarding a credible threat to the security of public buildings and facilities 7 - Government Code Section 54957 - Public Employee
Appointment/Employment: Title: City Manager
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Beltran
Invocation

PRESENTATIONS
Employee of the Month - Darren Noe
Short Range Transit Plan

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

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

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

I. Staff Informational Reports

1. Short Range Transit Plan Overview

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 February 18, 2025
Re: Considering approval of the City Council draft Minutes of February 18, 2025.

2. Authorization to Repair City Well No. AP-2
City Council Agenda March 4, 2025

Re: Consideration of approval for the repair of City Well AP-2 located on the East side of West Street, just north of Edison Court, by Carver Pump Service, for an amount not to exceed $14,800.

3. Authorization to Advertise for Bids - Henrahan Street Reconstruction Project (Morton Avenue to Grand Avenue)
Re: Considering approval of the Plans and Project Manual for the project which includes the removal and replacement of existing asphalt, curb, gutter, sidewalk, storm drain pipe, replacement of the existing water main, a new fire hydrant, and other appurtenances for the Henrahan Street Reconstruction project located on Henrahan Street, between E. Grand Avenue and E. Morton Avenue.

4. Authorization to Distribute a Request for Proposals for Bus Stop Shelters Re: Consideration to authorize the distribution of a Request for Proposals (RFP) for the procurement of modernized bus stop shelters.

5. Assignment of Airport Lease - Lot No. 45
Re: Consideration to approve the Assignment of Lease for Lot No. 45 at the Porterville Municipal Airport from Aircraft 445, LLC to Briana M. Groves.

6. Assignment of Airport Lease - Lot No. 32B
Re: Consideration to approve the Assignment of Lease for Lot No. 32B at the Porterville Municipal Airport from Mason Daniel Racing to Frederick W. Dohnke.

7. Assignment of Airport Lease - Lot No. 46E
Re: Consideration to approve the Assignment of Lease for Lot No. 46E at the Porterville Municipal Airport from JLW Associates, Inc. to Jerry L. Clark and Rebecca Ann Clark Revocable Trust.

8. Assignment of Airport Lease - Lot No. 6 and Lot No. 7 at the Porterville Municipal Airport
Re: Consideration to approve the Assignment of Lease for Lot No. 6 and Lot No. 7 at the Porterville Municipal Airport from Tule River Economic Development Corporation Real Estate to Tule River Tribe of California.

9. Renewal of Airport Lease Agreement - Lot No. 9
Re: Consideration to approve the Lease Agreement between the City of Porterville and Arrow Falcon Exporters, Inc. for Lot No. 9 at the Porterville Municipal Airport for a term of ten (10) years.

10. Approval of Arts Commission Chalk Art Booth at 2025 Spring Festival Re: Consideration to approve the Arts Commission to proceed with hosting the sixth annual Chalk Art booth at the 2025 Spring Festival.

11. Authorization to Approve Community Clean Up Events
Re: Consideration of declaring April 26, 2025, "Spring Clean-Up Day" and October 18, 2025, "Fall Clean-Up Day;" and authorizing the City to accept trash, litter, and yard clippings delivered by City residents receiving City residential refuse service to the Spring and Fall Clean-Up Events for free disposal.

12. Council Consideration to Amend the Self-Performed Street Maintenance Program for Fiscal Year 2024-2025
City Council Agenda March 4, 2025

Re: Consider approval to amend the 2024-2025 Self-Performed Street Maintenance Program, authorizing an additional expenditure of $500,000.

13. Acquisition of Right of Way for Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project
Re: Consider approval of the acquisition of right of way and easements for the completion of the Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project.

14. Authorization for Out of State Travel to Motorola Summit Public Safety Users' Conference in Grapevine, Texas
Re: Consideration to approve out-of-state travel for Crime Analyst Melinda Rios to attend the 2025 Motorola Solutions Summit Conference /Training in Grapevine, Texas.

15. Amendments to the Library Rules of Conduct
Re: Consideration of amendments to the Library Rules of Conduct.

16. Approval of Reorganization within the Parks and Leisure Department - Parks Division
Re: Considering approval of reorganization within the Parks and Leisure Department Parks Division.

17. Request for Proclamation - Women's Rights
Re: Considering approval of a request to proclaim Women's Rights in the City of Porterville.

18. Request for Proclamation - California Arbor Week - March 7th - March 14th, 2025
Re: Considering approval of a request to proclaim the week of March 7th - 14th, 2025, as "California Arbor Week" in the City of Porterville.

19. 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

20. Police Use of Military Equipment Annual Review (AB 481) Re: Council to receive public comment and questions concerning the annual report and the funding, acquisition, and use of the equipment; review and renew PPD Policy 704 – Military Equipment; review the AB 481 Military Equipment Annual Report 2024; and by opting not to modify or rescind, affirm Ordinance No. 1892.

SCHEDULED MATTERS

21. Updated Concepts for Transit Brand Refresh
Re: Council to review and consider updated conceptual designs for the transit branding refresh, provide direction on the selection of a final design, and approval City Council Agenda March 4, 2025

to proceed with the implementation of 11 vehicles at an estimated cost of $90,139.28.

22. Council Consideration and Evaluation of Charitable Car Washes Re: Council direction regarding the continuation, reduction, or elimination of the Charitable Car Wash Permit Application Fee.

23. Consideration of the Establishment of Porterville Municipal Airport Standing Committee
Re: Considering the establishment of a standing committee to serve in an advisory capacity to the City Council on matters pertaining to the Porterville Municipal Airport.

24. Consideration of Proposed Establishment of Ordinance to Protect Women's Safe Spaces
Re: Council direction on the proposed establishment of an Ordinance to Protect Women's Safe Spaces.

25. Consideration of Letter of Support and Declaration for the Establishment of a League of Charter Cities
Re: Consideration a letter of support for the establishment of a League of California Charter Cities to the Huntington Beach City Council and Declaration for the Establishment of the League of Charter Cities.

26. Review of City Council Agenda Publication Timeline
Re: Council to provide direction on the timing of the publication of the City Council agenda.

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

1. Tulare County Task Force on Homelessness - February 19, 2025

2. Porterville Area Development Authority (PADA) - February 21, 2025 (Cancelled)

3. Tulare County Association of Governments (TCAG) - February 24, 2025

4. Tulare County Economic Development Corp. (TCEDC) - February 26, 2025

5. Cannabis Committee - February 28, 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 18, 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 March 4, 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 – MARCH 4, 2025
SUBJECT: 1. Short Range Transit Plan Overview
SOURCE: Public Works
COMMENT: The Federal Transit Administration (FTA) recommends that any transit agency receiving federal funds directly have a current Short Range Transit Plan (SRTP). Whereas, the Tulare County Association of Governments (TCAG), as the Regional Transportation Planning Agency, requires that any transit agency receiving State Transportation Development Act Funds (STA and LTF) must have a current SRTP.

A Short Range Transit Plan (SRTP) is the document that generally plans out transit services and operations. The SRTP planning period is generally five years, but SRTP's may cover a longer period, typically seven to ten years. The City's last SRTP was performed in 2018 and is currently in the process of being updated.

Through the SRTP update process, the transit system, fleet needs, capital and operating costs and revenues, and new transit services or projects are assessed, and recommendations made. The Tulare County Association of Governments (TCAG) assists the regional transit operators in obtaining funds to complete SRTP's, Long Range Transit Plans (LRTP's), Comprehensive Operational Analysis, etc.

On October 1, 2024, the City Council awarded Fehr & Peers the contract to develop a Short Range Transit Plan (SRTP) that will guide the City's public transportation system over the next five to ten years. This plan will provide a comprehensive assessment of existing transit services and identify strategies to enhance efficiency, accessibility, and sustainability.

The SRTP will ensure that Porterville Transit remains financially and operationally sustainable while continuing to meet the evolving mobility needs of residents. The plan will also align with regional transportation goals and funding opportunities. Fehr & Peers will perform the SRTP study based on the following core tasks.

1. Project Management & Stakeholder Engagement
• Kickoff & Administration: Establish project goals and schedule. • Community & Stakeholder Engagement Plan: Outline public participation strategies.
• Meetings with City Staff & Stakeholders: Facilitate discussions to gather input.

2. Goal Development & Alignment
• Document Review: Analyze existing policies and transportation plans.
• Workshops with City Staff: Define objectives and service priorities.

3. Community & Stakeholder Engagement
• Project Website & Survey: Collect feedback from riders and community members.
• Community Meetings & Public Outreach: Conduct direct
engagement events.
• Stakeholder Engagement: Collaborate with local and regional partners.
• Media Outlets: Social Media, Website, Surveys, Podcast

4. Analysis of Existing Transit Services
• Agency Profile: Document the City's current transit system. • Fleet & Facility Inventory: Assess existing infrastructure and equipment.

5. Multimodal & Service Assessment
• Analysis of Existing Transit Services: Evaluate route performance, ridership trends, and service gaps.

6. Service Plan Development
• Alternatives Analysis: Develop and compare potential transit service improvements.
• Financial Feasibility Analysis: Assess the cost implications of proposed service changes.

7. Capital & Financial Plan
• Implementation Plan: Develop strategies for service expansion and infrastructure improvements.

8. Draft & Final SRTP Report
• Draft Report: Summarize findings and recommendations. • Final Report: Incorporate feedback and finalize SRTP for City adoption.

In addition to the base scope, Fehr & Peers will offer additional analysis to further support transit planning efforts:
• Southern Tulare County Feasibility Study (Evaluating transit expansion opportunities).
• Title VI Update (Ensuring compliance with federal requirements). • Transit Asset Management Plan (Assessing long-term
infrastructure needs).
• Fare Analysis (Reviewing fare structures and financial sustainability).
• Travel Demand & Transit Market Analysis (Understanding regional ridership patterns).

Next Steps
Fehr & Peers has initiated data collection and stakeholder engagement.

The following milestones are planned:
• Community Outreach & Initial Findings: February 21, 2025 • Draft SRTP Presentation: May 2025
• Final SRTP Adoption: June 2025
RECOMMENDATION: Informational only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 1.

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

RECOMMENDATION: That the Council approve the draft Minutes of February 18, 2025
ATTACHMENTS: 1. Draft Minutes of February 18, 2025
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
FEBRUARY 18, 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, questioned who is truly in charge of the city— the council or the city staff and urged the council to reflect on whether they are present for ceremonial purposes or if they are there to effectively manage the city.

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.
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
City Attorney Lew reported action pertaining to A-1, as follows:

A-1. On a MOTION made by Mayor Meister, and SECONDED by Council Member Green the City Council unanimously rejected the claim filed by Alexander ApolonioBernal.

Documentation: M.O. 01-021825
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Green.

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

ORAL COMMUNICATIONS
• Leslie Keele, Porterville, read a letter on behalf of her sister, detailing her experience during the Porterville Library fire, the subsequent events, and the need for a new library.
• Wesley Redford, Porterville, expressed his support for a new library and shared his experiences attending the old library.
• Kristin Redford, Porterville, stated that a public library is one of the basic pillars of civilization, and she wants one now.
• Brock Neeley, Porterville, provided handouts to the council that displayed images of council members attending various events together and asked the council to confirm that no official business was discussed during their time in Huntington Beach, as doing so would violate the Brown Act. He also expressed his hope that property owners, both in and out of the city, would be notified regarding the Downtown Porterville Committee.
• Teresa Gonzalez, Porterville, suggested installing a brighter light on the pole across from Plaza De Santa Fe and noted that many bus stop signs need replacement and that traffic in the area is hectic.
• Evelyn Medina, Porterville, supports speed limit signs, senior crossing signs, and a speed bump at Plaza De Santa Fe.
• Jean Vafeades, Porterville, expressed her concerns and asked the staff to reach out to her to explain where the funds would be allocated from for the “Rebranding Transportation” and banners.
• Brian Redford, Porterville, expressed his support for the new library, hoping it will be established soon.
• Lee Qualls, Porterville, expressed his gratitude to the city council and the Porterville Police Department and said that he hopes the council enjoyed their time in Huntington Beach, as they deserve to have a good experience together.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - February 6, 2025 Commissioner Arlene Pena provided several updates, including the Pool Renovation, Shamrock Shape Up Fitness Challenge, Military Banner Program, Youth Sports, the opening day for Pool Party Reservations, and the Fish Derby.

2. Library & Literacy Commission - February 11, 2025 – no report was provided.

3. Arts Commission - February 11, 2025
Vice Chair Emily Luna provided updates regarding a special meeting that discussed the annual chalk art booth at the Spring Festival and the current vacancies.

4. Animal Control Commission – no report was provided.

5. Youth Commission - February 12, 2025
Commissioner Ezucue Leon and Commissioner Sawyer Stevens provided an update on the goals of the youth commission, which include environmental advocacy, self-care, supporting local businesses, and enhancing youth employment experiences. They also discussed a recent event held at the Zalud House.

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

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
Mayor Meister requested that Item No. 4 be pulled for additional discussion, while Vice Mayor McKervey requested pulling Item Nos. 6 and 8 for similar purposes.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by that the City Council approve Items Nos. 1-3,5, 7, 9 and 10. The motion carried unanimously.

1. APPROVAL OF 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.

Documentation: M.O. 02-021825
Disposition: Approved.

2. AUTHORIZATION TO RENEW THE WEB HOSTING CONTRACT

WITH REVIZE

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.

Documentation: M.O. 03-021825
Disposition: Approved.

3. AUTHORIZATION TO EXECUTE AGREEMENT - PERMITTING

SOFTWARE
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.

Documentation: M.O. 04-021825
Disposition: Approved.

5. AUTHORIZATION TO AWARD CONTRACT - FOUNDATION AND

DRAINAGE SYSTEM PROJECT FOR FUTURE DRAEGER PROP

INSTALLATION
Recommendation: That the City Council:

1. Award the Foundation and Drainage System Project for Future Draeger Prop Installation to Todd Companies of Visalia in the amount of $177,500;

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

3. Authorize ten percent (10%) for construction contingency to cover unforeseen costs; and

4. Authorize an additional ten (10%) percent for construction management, construction surveying, quality control and inspection services.

Documentation: M.O. 05-021825
Disposition: Approved.

7. PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM
YEAR 5 FUNDS APPLICATION
Recommendation: That the City Council:

1. Authorize the Mayor to sign the streamlined application for the 2023 PLHA funding allocation for submittal to HCD; and

2. Authorize staff to submit the streamlined application in response to the 2023 PLHA NOFA to HCD for 2023 (5th
year of PLHA 5-Year Plan) funds.

Documentation: M.O. 06-021825
Disposition: Approved.

9. APPROVAL FOR COMMUNITY CIVIC EVENT - SUMMIT
COLLEGIATE HIGH SCHOOL - PI DAY PI K FUN RUN - MARCH 8, 2025
Recommendation: That the City Council 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, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 07-021825
Disposition: Approved.

10. 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. 08-021825
Disposition: Approved.

PUBLIC HEARINGS

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
Recommendation: That the City Council:

1. Conduct a public hearing to consider adjustments to lease rates for properties at the Porterville Municipal Airport based on the findings of the market rent appraisal report; and

2. Approve the proposed lease rate adjustments to ensure compliance with Federal Aviation Administration (FAA) regulations and financial sustainability of airport operations; and

3. Approve the Master Ground Lease Agreement, Airport Lease Policy, and Hangar Rental Agreement for use with airport lessees, ensuring compliance with FAA regulations and grant assurances, pending final approval by the City Attorney; and

4. Approve the attached draft Resolution to formally adopt the lease rate adjustments and authorize implementation.

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

Mayor Meister opened the Public Hearing at 7:19 p.m.
• Fred Dohnke, Porterville, requested that the council postpone both the proposed changes to airport rates and the leases to allow individuals to make a more informed decision and proposed that the council establish an Airport Committee.
• Briana Groves, Porterville, expressed that she is opposed to the hangar rate and lease changes.
• Brock Neeley, Porterville, expressed his concern that the city's taxpayers, who do not use the airport, are essentially subsidizing the airport for those who enjoy its amenities.
• Stacey Doyle, Porterville, requested that the council postpone the item until a future meeting to review the changes to the lease agreements and rates. • Elizabeth Raya, Porterville, spoke of her involvement at the airport and is in opposition of any rate and lease agreement changes.
• Bristol French, Porterville, urged the council not to take away something that she loves, such as the airport hangars.
• Mike Quatacker, Porterville, stated that consideration of this item should be postponed until the city can assess viable options to ensure fairness for all. • Sarah Martin, Porterville, opposed the rate increases and lease changes, noting that the airport community was not properly notified and urged the council to postpone the discussion until a specific meeting date is set to ensure the airport community is informed.
• Chris Shaw, Porterville, echoed the sentiments of all the individuals who spoke before him, opposing the rate changes and lease agreement changes. • Addison French, Porterville, discussed her history with the Porterville Airport and opposed any rate increases at the airport.
• Miles Elliot, Porterville, is opposed to the proposed lease agreement changes and encourages the council to table the item until further research can be done.
• Steve Page, Porterville, spoke in favor of tabling the item until further information and research can be done.
• Scott Raya, Porterville, spoke in opposition of proposed rate increases to the airport.
• Jessica French, Porterville, urged the council to postpone voting on the approval of the lease and rate changes until there is a better understanding of their impact on the airport community.

• Ms. Rios, Porterville, spoke about how the Porterville Airport Community has helped her daughter grow by providing the resources she needs to succeed. • Daniel Lovato, Porterville, spoke in favor of postponing the item to a future meeting.
• Danny Rodriguez, Porterville, urged the council to reconsider the rate and lease changes.
• Betty Jo Simons, Porterville, expressed her concerns to the council about whether they fully understand the impact of the proposed changes to both the rates and leases on the airport community and noted that these changes could potentially hinder her ability to sell her hangars.

Mayor Meister closed the Public Hearing at 8:04 p.m. when no one else came forward to speak and expressed that after listening to the community's concerns, he does not wish to hinder the spirit of the airport.

The Council reached a consensus to address the concerns raised by the Airport Community regarding the proposed rate increase and the proposed changes to the language in the lease agreement. They decided to postpone any decisions on these matters until a standing Airport Committee can be established. This committee will consist of nine members, including two council members and seven public members who are representatives from the Porterville Municipal Airport, the Porterville Experimental Aircraft Association, and the Porterville Military Academy. This will allow for more thorough discussions regarding issues affecting the Porterville Airport.

Documentation: None.

Disposition: Direction was provided.

SCHEDULED MATTERS

12. AUTHORIZATION TO AWARD CONTRACT - COMMUNITY CENTER

AND PARK PROJECT
Recommendation: That City Council:

1. Award the Community Center and Park Project to AMG & Associates, Inc of Santa Clarita in the amount of $16,875,000;

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

3. Authorize a five percent (5%) contingency to cover unforeseen costs;

4. Authorize an additional $2,268,695 for construction management, construction surveying, quality control and inspection services; and

5. Authorize an additional appropriation of Measure I funds in the amount of $1,146,622 to fully fund the project.

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor McKervey that the City Council approve staff recommendation. The motion carried unanimously.

Documentation: M.O. 09-021825
Disposition: Approved.

8. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

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

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Construction Management and Inspection Services for the Community Center & Park Project to 4Creeks, Inc in the amount of $2,168,695; and

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

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

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

Documentation: M.O. 10-021825
Disposition: Approved.

13. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL

REPRESENTATIVES TO DOWNTOWN PORTERVILLE COMMITTEE
Recommendation: That the City Council consider appointing 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 Mayor Meister, SECONDED by Council Member Beltran that the City Council appointed Vice Mayor McKervey and Council Member Green to serve on the Downtown Porterville Committee. The motion carried unanimously.

Documentation: M.O. 11-021825
Disposition: Approved.

14. PROPOSED BUDGET CALENDAR FOR FISCAL YEAR 2025-2026

AND SCHEDULING OF PRIORITY PROJECTS STUDY SESSION
Recommendation: That the City Council:

1. Approve the proposed Budget Calendar for Fiscal Year 2025- 2026; and

2. Schedule the Priority Projects Study Session, either as a special meeting or as part of a regularly scheduled City Council Meeting.

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

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve the proposed Budget Calendar for Fiscal Year 2025-2026 and schedule a Priority Projects Study Session as a Special City Council Meeting scheduled to occur in the early month of April 2025.

AYES: Rivas, Green, McKervey, Meister
NOES: None
ABSTAIN: None
ABSENT: Beltran
Documentation: M.O. 12-021825
Disposition: Approved.

4. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS

FOR BUS STOP SIGNS
Recommendation: That the City Council authorize the distribution of a Request for Proposals (RFP) for the procurement of bus stop signs.

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

Following a brief discussion by the council, staff was instructed to include a design concept in the Request for Proposals. This concept should aim to incorporate a theme similar to that of the future bus wraps, featuring the Americana theme and the inclusion of the words "In God We Trust."
COUNCIL ACTION: MOVED by Mayor Meister , SECONDED by Vice Mayor McKervey that the City Council authorized the distribution of a Request for Proposals, with the inclusion of Councils direction of incorporating a design concept similar to that of the future bus wraps that are themed with an American Flag concept and with the words “In God We Trust.” The motion carried unanimously.

Documentation: M.O. 13-021825

Disposition: Approved.

6. AUTHORIZATION TO APPLY FOR CALHOME GRANT
Recommendation: That the City Council authorize City staff to submit an application for the 2024 Homeownership Super Notice of Funding Availability.

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

Vice Mayor McKervey believes the city should seek additional grant funds to help Porterville residents obtain affordable housing.

Interim City Manager Ridenour explained that the city is requesting a specific amount of funds because they are confident they can spend this amount within two years.

If the city were to apply for a larger sum and fail to use the funds quickly, the Housing and Community Development (HCD) could reclaim the unused funds. This would make it more difficult for the city to secure funding in the future for those who seek to obtain affordable housing.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council authorize staff to submit an application for the 2024 Homeownership Super Notice of Funding Availability. The motion carried unanimously.

Documentation: M.O. 14-021825
Disposition: Approved.

AB 1234 REPORTS

1. Eastern Tule Groundwater Sustainability Agency (ETGSA) - February 5, 2025 Council Member Green provided an update on the approval of the ETGSA Dry Land Farming Non-Irrigated Form. He also discussed the land subsidence management area and gave an overview of the organizational restructuring at the subbasin level to address concerns raised by the state water board.

2. Local Initiatives Navigation Center Committee (LINC) - February 5, 2025 Council Member Beltran provided updates on several items of interest such as the approval of Minutes, a donation increase, and the Navigation Center.

ORAL COMMUNICATIONS
• Brian Redford, Porterville, urged the council to direct staff to provide the citizens with a library that meets the needs that the community deserves.

OTHER MATTERS
• Council Member Beltran spoke of his attendance at the fifth-anniversary event of the library fire. He praised the efforts of both the fire and police departments for recent events that occurred. He also noted the new trash receptacles around the city, stating that they look great. Additionally, he discussed the progress of the Villa Street Reconstruction Project and shared his experience using the Santa Fe Byway trail.
• Council Member Green suggested designing and selling a baseball cap for the City of Porterville.
• Vice Mayor McKervey expressed his gratitude to Transportation Director Rich Tree for gracefully handling the significant criticism he received during the meeting and spoke of his attendance at the Word Ag Expo. He also mentioned that he discussed matters with the City Manager, which led to the decision to halt the removal of trees on Main Street as part of the Main Street Reconstruction Project. McKervey also shared his positive experience at the Airport Café and emphasized that the airport is a valuable asset that should be promoted as a destination. He highlighted the potential benefits of establishing a Pilot Lounge at the airport. The Vice Mayor reaffirmed his support for the airport community and briefly touched on the ongoing library project. Additionally, Vice Mayor McKervey requested that an agenda item be included for a future meeting to discuss the timeline for agenda distribution.

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 discuss the agenda distribution timeline. The motion carried unanimously.

Documentation: M.O. 15-021825
Disposition: Approved.
• Mayor Meister addressed comments made by the public regarding the library. He corrected those comments, reaffirming his support for the library, and stated that he opposes any bonds or tax increases. Additionally, he expressed his desire to memorialize Captain Figueroa and Firefighter Jones with a bronze statue at the entrance of the new library facility. Mayor Meister also mentioned his attendance at the memorial service for both individuals earlier that day. Furthermore, he spoke about the Porterville Wall of Fame recipients for the year 2025 and shared his experience at the World Ag Expo. He suggested scheduling a meeting to discuss Covid-19. Lastly, Mayor Meister requested that an agenda item be included for a future meeting to consider a support letter for the League of California Cities.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Mayor Meister’s request to bring an item at a future meeting to discuss a support letter for a League of Charter Cities. The motion carried unanimously.

Documentation: M.O. 16-021825

Disposition: Approved.

Mayor Meister also requested that an agenda item be included for a future meeting to consider an ordinance in the city of Porterville, to protect women’s safe spaces.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Mayor Meister’s request to bring an item at a future meeting to consider a draft ordinance to protect women’s safe spaces. The motion carried unanimously.

Documentation: M.O. 17-021825
Disposition: Approved.

The Council reconvened into a Closed Session at 9:49 p.m. City Attorney Lew stated that it was not expected there would be anything to report afterward.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 10:45 p.m. to the meeting of March 4, 2025, at 5:30 p.m.

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

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Authorization to Repair City Well No. AP-2
SOURCE: Public Works
COMMENT: The City of Porterville’s Well No. AP-2, located on the east side of West Street, north of Edison Court, has experienced a failure of its 125- horsepower electric motor. To maintain adequate water system pressure and production throughout the City, all wells must remain operational, making it essential to restore Well No. AP-2 as soon as possible.

To address the issue, the City requested quotes from four local pump repair companies, receiving the following responses:

Company Total
Carver Pump Service $13,453.86
W.P.I Water Sources $13,710.14
Turnupseed Electric Service Inc. $15,180.48
Willitts Pump $16,403.23
Carver Pump Service submitted the lowest quote and is available to begin repairs immediately. The total cost of the repair, including parts, taxes, labor, and a ten percent (10%) contingency, will not exceed $14,800. Funding for this project will come from the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a purchase order for Carver Pump Service for an amount not exceeding
$14,800 (including all parts, taxes, labor, and a 10%
contingency) for the repair of City Well No.AP-2; and

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

ATTACHMENTS: 1. Carver Pump Quote

2. WPI Quote

3. Turnupseed Electric Services Inc. Quote
Item No. 2.

4. Willitts Pump Quote

5. Airport 2 Location Map
Appropriated/Funded:

Review By:

Department Director:

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

AIRPORT WELL-2

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP

TEAPOT DOME AVE
WEST ST ROAD 224

PORTERVILLE FAIR

GROUNDS

W EDISON CT
Item No. 3.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Authorization to Advertise for Bids - Henrahan Street Reconstruction Project (Morton Avenue to Grand Avenue)
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Henrahan Street Reconstruction Project. This project includes the removal and replacement of existing asphalt, curb, gutter, sidewalk, storm drain pipe, replacement of the existing water main, a new fire hydrant, and other appurtenances to complete the project. This work was originally included with the Grand Avenue Reconstruction Project but had to be separated to meet the guidelines and timing for the design funding.

The Engineer's Estimate of Probable Cost for the project is $1,295,955.

An additional $129,595 is necessary for construction contingency (10%) and $129,595 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $1,555,145.

Funding for this project is provided from various sources, including:

Measure I in an amount of $543,834, Sewer revolving fund in the amount of $100,000, Water Replacement fund of $506,000. Additional funding in the amount of $405,311 is needed to fully fund the project.

Funding from Road Repair & Accountability Act Funds (SB1) is available to resolve the funding gap.

RECOMMENDATION: That the City Council:

1. Authorize staff to advertise for bids on the project;

2. Authorize an appropriation of $405,311 of Funding from Road Repair & Accountability Act Funds (SB1) funds to fully fund the project; and

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

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate
Item No. 3.

Appropriated/Funded:

Review By:

Department Director:

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

PROJECT LOCATION

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 HENRAHAN STREET

RECONSTRUCTION PROJECT N HENRAHAN ST

E MORTON AVE
E GRAND AVE N 4TH ST
City of Porterville
Henrahan Street
PROJECT: 91106 - Henrahan Street Road Reconstruction
Base Bid Part A - Concrete
ITEM UNIT EST. TOTAL

NO PRICE UNIT ITEM QUANTITY PRICE
A1 $12,500.00 LS Mobilization, Demobilization and Cleanup 1 $12,500.00 A2 $11,200.00 LS Dust Control & Project Site Maintenance 1 $11,200.00 A3 $15,000.00 LS
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 $15,000.00
A4 $10,000.00 LS Furnish Utility Locating 1 $10,000.00
A5 $10,000.00 LS SWPPP, Storm Water Pollution Plan 1 $10,000.00 A6 $20,000.00 LS Concrete Removal 1 $20,000.00
A7 $15,000.00 EA
Remove and Replace ADA Ramps per details shown
including all sidewalk curb and gutter transitions
and spandrels. A minimum 2’ temporary pave-out
Also remove and replace a 5' sidewalk transition on
each side of the ramp. 2 $30,000.00
A8 $20.00 LF AC Dike 109 $2,180.00
A9 $20.00 SF Drive Approach 482 $9,640.00
A10 $20.00 SF Sidewalk 555 $11,100.00
A11 $55.00 LF Install Curb and Gutter 2121 $116,655.00
TOTAL BID PART A $248,275.00
Base Bid Part B - Road Work
ITEM UNIT EST. TOTAL

NO PRICE UNIT ITEM QUANTITY PRICE
B1 $45,000.00 LS
Provide Demolition, Clearing, and Grubbing as
necessary including removal of base material and
existing asphalt removal by milling. Asphalt
millings delivered to City per Specifications 1 $45,000.00 B2 $60,000.00 LS Roadway Excavation and Subgrade Preparation 1 $60,000.00 B3 $2,000.00 EA
Adjust Manhole Frame and Cover to subgrade level
and to finished grade level 4 $8,000.00
B4 $1,200.00 EA
Adjust water valves to finished grade per City Std.

W-7 16 $19,200.00
B5 $60.00 Ton
Install Class II Aggregate base R Value per
Specifications. (10 inch) 2520 $151,198.75
B6 $150.00 Ton Asphalt Concrete, Type 'A' (6 inch) 1773 $265,901.25 B7 $20,000.00 LS
Signage, Pavement Striping and Marking and Raised
Pavement Markers 1 $20,000.00
TOTAL BID PART B $569,300.00
Base Bid Part C - Water & Storm Drain
ITEM UNIT EST. TOTAL
C1 $6,000.00 LS Sheeting and Shoring 1 $6,000.00

City of Porterville
Henrahan Street
PROJECT: 91106 - Henrahan Street Road Reconstruction
C2 $8,400.00 LS
Provide Demolition, Clearing, and Grubbing as
necessary including removal of existing asphalt and
base materials as required for water main
replacement 1 $8,400.00
C3 $375.00 LF Install 18" RCP Storm Drain Pipe 82 $30,750.00 C4 $8,700.00 EA Install Storm Drain Catch Basin 3 $26,100.00 C5 $6,000.00 EA Install 8" Hot Tap Sleeve 2 $12,000.00
C6 $2,500.00 EA Install 8" 45 Degree Bend 6 $15,000.00
C7 $2,500.00 EA Install 8" 90 Degree Bend 1 $2,500.00
C8 $4,000.00 EA Install 8" Gate Valve 11 $44,000.00
C9 $2,500.00 EA Install 8"x8"x6" Tee 1 $2,500.00
C10 $2,500.00 EA Install 8"x8"x4" Tee 4 $10,000.00
C11 $2,500.00 EA Install 8" Tee 4 $10,000.00
C12 $3,000.00 EA Install 8" Temporary Blow Off 3 $9,000.00 C13 $120.00 LF Install 8" DR 18 Water Pipe 1639 $196,680.00 C14 $3,200.00 LF
Remove Existing Water Service and Install New 1"
Water Service Assembly 4 $12,800.00
C15 $11,000.00 EA Install Fire Hydrant Assembly 1 $11,000.00 C16 $40,000.00 LS
Install Trench Patch and Maintenance of trench
patch at all times. 1 $40,000.00
C17 $50.00 LF Abandon Existing Water Main 433 $21,650.00 C18 $10,000.00 LS Perform acceptance testing 1 $10,000.00 TOTAL BID PART C $478,380.00
Project Total Part A + Part B + Part C
Total Project Cost
Project Manager Date
City Engineer Date
Engineering and Project Management Director Date
$1,295,955.00
$1,295,955.00

Item No. 4.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Authorization to Distribute a Request for Proposals for Bus Stop Shelters
SOURCE: Public Works
COMMENT: The Transportation Department seeks authorization to release a Request for Proposals (RFP) to replace aging and deteriorating bus stop shelters. The replacement effort is driven by the need to adhere to the established replacement schedule, address the shelters’ deteriorating condition, and minimize ongoing maintenance costs. Many of the existing shelters have surpassed their expected lifespan, showing significant wear and damage from exposure to weather and vandalism.

The new shelters will enhance rider comfort, safety, and accessibility while reducing long-term maintenance needs.

Historically, the Transportation Department has budgeted for the systematic replacement of bus stop shelters, signage, and other transitrelated infrastructure, much like the scheduled replacement of the transit fleet. This ensures that facilities remain in good condition, reduce repair costs over time, and continue to meet the needs of the community.

The selected firm shall work collaboratively with City staff to develop a bus stop shelter design that reflects the Americana theme through appropriate colors, materials, and structural aesthetics. The design must integrate the City's motto, "In God We Trust," in a respectful and aesthetically pleasing manner while ensuring weather protection, seating, and adequate lighting for passenger safety and comfort. The shelters should be designed for durability, vandal resistance, and weather resilience to withstand environmental conditions. The firm must provide multiple design mockups for City review and approval before finalizing the design.

For this project, $644,000 has been allocated, with 80% ($515,200) funded by the Federal Transit Administration (FTA) and 20% ($128,800) through local transportation funds. The RFP will seek qualified vendors whose proposals meet the City’s requirements for design, durability, maintainability, cost, and long-term suitability for the transit system.

Upon Council approval, the RFP will be released within five business days. Proposals will be accepted for 30 days, after which a selection Item No. 4.
committee will evaluate submissions based on established criteria. An item will be brought before the City Council for final quantities, location, and approval, with installation anticipated to begin 6-months thereafter.

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

ATTACHMENTS: 1. DRAFT RFP Bus Shelters_2.27.25
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 SHELTERS
March 4, 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 Shelters

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

BUS SHELTERS
PROPOSALS will be received by the Transportation Department, submitted through the Public Purchase website, until 2:00 P.M. on Thursday, April 17, 2025, for the Contract to purchase a maximum of (35) thirty-five bus shelters. 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:

March 11, 2025

City of Porterville
Bus Shelters
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......................................43 Exhibit A – Required Forms....................................................................................................................68 Exhibit B – Sample General Services Agreement..................................................................................75

City of Porterville
Bus Shelters
Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public March 11, 2025
Required Site Tour Not Required
Deadline to submit questions March 27, 2025
Proposal submittal deadline @ 2:00 pm PST April 17, 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 May 6, 2025
Contract Begins May 20, 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 Shelters
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 Shelters
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 Shelters
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 Shelters
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 Shelters
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.

Scope of Service
The City of Porterville is seeking proposals from qualified firms to design, manufacture, and deliver bus stop shelters that enhance passenger comfort, safety, and accessibility. The new bus stop shelters must align with the City’s branding, incorporating the Americana theme and prominently representing the City’s motto, "In God We Trust." The shelters and associated materials must be compliant with Americans with Disabilities Act (ADA) requirements to ensure accessibility for all riders.

The selected firm shall work collaboratively with City staff to develop a bus stop shelter design that reflects the Americana theme through appropriate colors, materials, and structural aesthetics.

The design must integrate the City's motto, "In God We Trust," in a respectful and aesthetically pleasing manner while ensuring weather protection and seating for passenger safety and comfort.

The shelters should be designed for durability, vandal resistance, and weather resilience to withstand environmental conditions. The firm must provide multiple design mockups for City review and approval before finalizing the design.

Quantity and Size
Quantity Shelter Dimensions
11 5’ x 8’
20 5’ x 10’
0 5’ x 12’
0 5’ x 16’
4 5’ x 20’
Preferred Style
• Brasco Interlude Arch
• Brasco Interlude Straight
• Tolar Crescent Series
Part 1 - General
General Specifications
• Design and fabrication of Bus Passenger Waiting Shelters and related Site Furnishings.

City of Porterville
Bus Shelters
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 • 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. • Shop drawings of the complete shelter layout including cut section and connection details. • Submit structural engineering design documents bearing the seal of a structural engineer registered in the State of California for each shelter model. • Submit Concrete Pad Design and Analysis for each shelter model. • 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 shelter finish (available upon request).

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

Delivery and Storage
• Walls, roof, and other components shall be assembled to the maximum extent possible in clearly labeled crates and cartons.
• 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.

City of Porterville
Bus Shelters
Warranty
• Manufacturer warrants that shelter 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
Materials
• All extruded aluminum components shall be 6063T5 or 6061T6. • Components shall be sized to comply with the load requirement for the project and shall not be less than the dimensions shown on the plan and indicated in this specification.

Columns
• Columns shall be welded “I” Beams in curved shape with 3/8” Front and Rear Aluminum Plates and ¼” Aluminum Plate Web.

Roof
• Roof style shall be Arched with welded ¼” thick aluminum double blade rafters. • Roof glazing shall consist of 1/4” acrylic in bronze, clear, or white finish (TBD). • Roof assembly shall include fully welded columns and rafters. All welds to be ground smooth.
• Welded rafter blade assemblies shall be counterbalanced with structural turnbuckles.

Turnbuckles shall be 1 ¼” diameter with ½” connector plates welded at each end.

Fasteners
• All fasteners shall be stainless steel, aluminum, or a combination of both. Zinc plated fasteners will not be accepted.

Wall Panel Assembly & Layout
• Wall panels shall be 0.090” Perforated Aluminum Panels with 1/4” holes x 3/8” stagger. • Shelter layout shall be rear wall only.
• Rear wall shall include advertising/artwork panels the full length of shelter. • Media provided by City
o (Sample Style Below)

City of Porterville
Bus Shelters
Bench
• Quantity and Size is dependent on length of shelter.
• Bench to consist of a perforated aluminum seat and one seat divider and will have a powder coat painted finish.

Solar Lightning
• No
Advertising Box
• No
Display Case
• 24” width x 36” length
• Stainless steel welded tube frame
• Piano Hinge Door
• Tamper-resistant Hardware
• Media provided by City
Right or Left Windscreen
• No
Finishes
• All aluminum surfaces shall be Polyester Powder Coat with a minimum 4-stage pretreatment, and a finish coat 4 – 5 mil thickness: color (Clear).

City of Porterville
Bus Shelters
Evaluation Criteria
Type Points
Bus Shelter Design 30
Experience 30
Maintainability/Durability 10
Past Performance 10
Price 20

City of Porterville
Bus Shelters
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

City of Porterville
Bus Shelters
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.

City of Porterville
Bus Shelters

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.

City of Porterville
Bus Shelters
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.

City of Porterville
Bus Shelters

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

City of Porterville
Bus Shelters
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:

City of Porterville
Bus Shelters
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

City of Porterville
Bus Shelters
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-

City of Porterville
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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]:

City of Porterville
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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

City of Porterville
Bus Shelters
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

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the Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work.

G. Contractor shall include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.

38. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY
[These requirements apply only to contracts for National Intelligent Transportation System projects.]
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed.

Reg. 1455, January 8, 2001, and all other applicable federal guidance.

39. NTD REPORTING
As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49 U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; (2) any data on assaults on transit workers; (3) any data on fatalities that result from an impact with a bus; and (4) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.

40. TRAFFICKING IN PERSONS
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY.

41. PRIVACY ACT
Contractor agrees to: (A) comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.

City of Porterville
Bus Shelters
§ 552a. Among other things, Contractor agrees to obtain the express consent of the Federal Government before Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract; and (B) include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

42. SECTION 508 COMPLIANCE
Any reports or information that will be provided to DOT or any other Federal agency must comply with Section 508 of the Rehabilitation Act of 1973.

43. DBE REQUIREMENTS
The City and its partners strive to advance the economic growth of small businesses through its Disadvantaged Business Enterprise (DBE) Program.

The City of Porterville DBE Program is managed and administered by the City’s Transportation Department. Through a coordinated effort among several city departments and partner agencies, the DBE Program provides certification and opportunities in construction, purchasing, management and technical assistance, educational services, and networking.

A. General Requirements

1. Applicable Federal Regulations. This Contract is subject to DBE requirements issued by USDOT in 49 CFR Part 26. Despite the lack of a race- and gender-conscious DBE participation goal for this Contract, the Agency must track and report DBE participation that occurs as a result of any procurement, Joint Venture, goods/services, or other arrangement involving a DBE. For this reason, the Successful Submitter shall provide all relevant information to enable the required reporting.

2. DBE Participation. For this solicitation, the Agency has not established a race- or gender-conscious DBE participation goal. The Agency extends to each individual, firm, vendor, supplier, contractor, and subcontractor an equal economic opportunity to compete for business. The Agency uses race- and gender-neutral measures to facilitate participation by DBEs and Small Businesses. The Agency encourages each Submitter to voluntarily subcontract with DBEs and Small Businesses to perform part of the work—a Commercially Useful Function—that Submitter might otherwise perform with its own forces.

City of Porterville
Bus Shelters

3. Small Business Participation. The Agency will track the participation of all approved businesses throughout the life of this contract. The Agency will count Small Business participation as authorized by federal regulations. A summary of these regulations can be found at www.ecfr.gov (49 CFR Part 26.39).

4. DBE Certification. Only firms (1) certified by the Agency or another CAUCP member, and (2) contracted to perform a Commercially Useful Function on scopes of work for which they are certified, may be considered to determine DBE participation resulting from race- and gender-neutral (RGN) measures on this Contract. This DBE determination affects the Agency’s tracking and reporting obligations to USDOT.

5. Civil Rights Assurances. As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 21 and 26. Each Contract signed by the Agency and the Successful Submitter, and each Subcontract signed by the Successful Submitter and a Subcontractor, must include the following assurance verbatim:
“The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Porterville deems appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying the contractor from future bidding as non-responsible.”
Note: For purposes of the required Contract and Subcontract language above, Successful Submitter is the “contractor” awarded the contract.

6. Subcontracts. If subcontracts will be let under this Contract, Contractor shall take the affirmative steps listed in 2 C.F.R. 200.321, which addresses contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.

City of Porterville
Bus Shelters
Exhibit A – Required Forms
Form A

ADDENDUM RECEIPT
The Proposer acknowledges it has received and read the following Addenda:

Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Form B

DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

Check one box below (and provide explanation if necessary):
□ The Proposer certifies that the Proposer and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
- OR –
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)
The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Form C

BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

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

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

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

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

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

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Form E

CERTIFICATION OF RESTRICTIONS ON LOBBYING
This certification does not apply to contracts and subcontracts under $100,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

The Proposer certifies that:

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

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

3. The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

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

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Form F

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive.

The Proposer certifies that:

1. It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and

3. It shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

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

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

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

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

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

City of Porterville
Bus Shelters
Exhibit B – Sample General Services Agreement

CITY OF PORTERVILLE

GENERAL SERVICES AGREEMENT WITH
[insert full name of Contractor and Project Name and/or number] This General Services Agreement (Agreement) is entered into between the City of Porterville, a municipal corporation (City), and _______________________ [complete name of legal business entity], a __________________ [business status, such as a California corporation] (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain Contractor to complete a Bus Shelter Project (Project); and B. On February 25, 2025, the City issued a Request for Proposals (RFP) for the Bus Shelter (Project). On XXXXXX, Contractor submitted its proposal for the Project to the City. City has determined that Contractor possesses the skills, experience and certification required to provide the goods and services.

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

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

Now therefore, the Parties mutually agree as follows:

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

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Contractor shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor. Contractor shall submit all

City of Porterville
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requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

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

3. Compensation. City shall pay Contractor on a lump sum basis, at the billing rate set forth in Exhibit “C”, attached hereto and incorporated herein by this reference for goods and services performed under this Agreement.

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

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

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

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

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

3.5. Contractor agrees to maintain books, accounts, payroll records and other information relating to the performance of Contractor’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Contractor in the

City of Porterville
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performance of Contractor’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

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

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

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

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

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

1.1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

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

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

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

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

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

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

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

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

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

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

1.10. Contractor’s Obligation. Maintenance of insurance by the Contractor as specified in this Agreement shall in no way be interpreted as relieving the Contractor of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Contractor may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

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

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

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

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

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

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

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

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

4. Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.

City of Porterville
Bus Shelters

5. Rates. These prevailing wage rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.

6. Registration with DIR. Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5

7. Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

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

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

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

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

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

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

City of Porterville
Bus Shelters
the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

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

13. Miscellaneous

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

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

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

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

13.5. Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California.

Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Tulare.

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

13.6.1. Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Porterville
Bus Shelters

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

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

City of Porterville Contractor
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________
By: Greg Meister By: _________________________
Title: Mayor Title: ________________________
Date: __________________ Date: ________________________ Federal Employer Tax ID No. ____________
Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Jason Ridenour, Interim City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:

A. RFP No.XXX XXXXXXXXXXX
B. Contractor Proposal
C. Compensation
Item No. 5.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Assignment of Airport Lease - Lot No. 45
SOURCE: Public Works
COMMENT: Aircraft 445, LLC is the current leaseholder of Lot No. 45 at the Porterville Municipal Airport. Thomas O'Sullivan, Member of Aircraft 445, LLC, has sold the hangar located on the lot and is requesting the transfer of the lease to the new owner, Briana M. Groves. Briana M.

Groves is requesting City Council authorization to assume the existing lease agreement between the City and Aircraft 445, LLC. The original lease agreement terminates on June 30, 2032. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 45 at the Porterville Municipal Airport from Aircraft 445, LLC to Briana M. Groves; and

2. Authorize the Mayor to sign the Lessor's Consent to
Assignment of Lease Agreement on behalf of the City.

ATTACHMENTS: 1. Assignment of Lease

2. Draft Lessor's Consent to Assignment of Lease
Agreement

3. Letters of Request

4. Bill of Sale

5. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 45
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 45, described in the foregoing Assignment, hereby consents to the foregoing Assignment of Lease Agreement from Aircraft 445, LLC to Briana M. Groves, terminating June 30, 2032, for the parking and storage of aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4th day of March, 2025.

CITY OF PORTERVILLE
BY: _______________________________
Greg Meister

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
Jason Ridenour, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney
June 1, 2024
Janie Rodriguez
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Relinquishment of Lease Agreement on Airport Hangar Lot 45 (KPTV) Dear Ms. Rodriguez,
I have sold the hangar located on Lot 45 at Porterville Municipal Airport (KPTV) to Briana Groves, also indicated by the attached Bill of Sale.

I wish to relinquish the lease as of June 1, 2024, or the next soonest date available, and allow Ms. Groves to assume the lease under the original existing terms, conditions and rates.

Please assign the lease with a beginning date of June 1, 2024, or the next soonest date available to Ms. Groves.

If you require anything further of me, please let me know. I may be reached at ( or via email
Your consideration in this matter is greatly appreciated.

Respectfully,
Thomas J. O’Sullivan

  
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Item No. 6.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Assignment of Airport Lease - Lot No. 32B
SOURCE: Public Works
COMMENT: Mason Daniel Racing is the current leaseholder of Lot No. 32B at the Porterville Municipal Airport. Mason Daniel, Owner of Mason Daniel Racing, has sold the hangar located on the lot and is requesting the transfer of the lease to the new owner, Frederick W. Dohnke. Frederick W. Dohnke is requesting City Council authorization to assume the existing lease agreement between the City and Mason Daniel Racing.

The original lease agreement terminates on April 30, 2025. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 32B at the Porterville Municipal Airport from Mason Daniel Racing to Frederick W. Dohnke; and

2. Authorize the Mayor to sign the Lessor's Consent to
Assignment of Lease Agreement on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Assignment of Lease Agreement

2. Letter of Request

3. Bill of Sale

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 32B
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 32B, described in the foregoing Assignment, hereby consents to the foregoing Assignment of Lease Agreement from Mason Daniel Racing to Frederick W. Dohnke, terminating April 30, 2025, for the parking and storage of aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4th day of March, 2025.

CITY OF PORTERVILLE
BY: _______________________________
Greg Meister

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
Jason Ridenour, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No. 7.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Assignment of Airport Lease - Lot No. 46E
SOURCE: Public Works
COMMENT: JLW Associates, Inc. is the current leaseholder of Lot No. 46E at the Porterville Municipal Airport. Judy Willhite, Owner of JLW Associates, Inc., has sold the hangar located on the lot and is requesting the transfer of the lease to the new owners, Jerry L. Clark and Rebecca Ann Clark, Trustees of the Jerry L. Clark and Rebecca Ann Clark Revocable Trust.

Jerry L. Clark and Rebecca Ann Clark, Trustees of the Jerry L. Clark and Rebecca Ann Clark Revocable Trust, are requesting City Council authorization to assume the existing lease agreement between the City and JLW Associates, Inc. The original lease agreement terminates on June 30, 2036.

Additionally, on October 3, 2023, City Council approved a request to sublet the hangar on Lot No. 46E to REACH Air Medical Services, commencing on October 1, 2023, and terminating on September 30, 2025, for the purpose of operating a community-based, rotary-wing air ambulance. The hangar will be utilized for aircraft parking and storage of maintenance supplies and tools for servicing aircraft.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 46E at the Porterville Municipal Airport from JLW Associates, Inc. to Jerry L. Clark and Rebecca Ann Clark Revocable Trust;
and

2. Authorize the Mayor to sign the Lessor's Consent to
Assignment of Lease Agreement on behalf of the City.

ATTACHMENTS: 1. Draft Assignment of Lease

2. Draft Lessor's Consent to Assignment of Lease
Agreement

3. Letter of Request

4. Bill of Sale

5. Locator Map
Item No. 7.

Appropriated/Funded:

Review By:

Department Director:

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

ASSIGNMENT OF LEASE

PORTERVILLE MUNICIPAL AIRPORT
THIS AGREEMENT, made this 4th day of March, 2025, by and between JLW Associates, Inc., Attn: Judy Willhite, 1215 Anchors Way Dr, Space 210, Ventura, CA, owner of a hangar on Lot 46E at the Porterville Municipal Airport, as the Assignor, and Jerry L. Clark Jr and Rebecca Ann Clark Revocable Trust, 342 N Second Street, Porterville, CA, as the Assignee.

In consideration of the mutual covenants herein contained, each act to be performed hereunder, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Effective February 4, 2025, Assignor hereby assigns, transfers and conveys to Assignee all of his right, title and interest as Lessee, in, to and under a certain Lease Agreement dated April 1, 2005 (hereinafter "Lease"), executed by and between the City of Porterville, as Lessor, and Donald M. Matthews and Marjorie E. Matthews, as the original Lessees, assumed by Lloyd B. Janzen and Bruce D. Janzen, on November 1, 2006, and assumed by JLW Associates, Inc. on September 20, 2023, providing for the letting of certain premises located at the Porterville Municipal Airport, Porterville, California, being more particularly described as follows:

Airport land Lot No. 46E, containing a total area of approximately 3,220 square feet, and establishing a Lease terminating on June 30, 2036.

2. Effective February 4, 2025, Assignee hereby accepts and assumes all of the obligations, responsibilities and liabilities of Assignor under said Lease, and agrees to perform said Lease Agreement according to its terms, covenants and conditions, without exception, and Assignee understands and agrees that Landlord makes no warranty or representation that either Assignor or Assignee would be given an exclusive use in the Porterville Municipal Airport for the use thereof by Assignor and/or Assignee, except as provided in the Lease.

3. Upon execution of this Assignment of Lease and Landlord's consent hereto, the parties’ Noticed Address shall be as set forth herein above. The parties further understand there is a $150 assignment fee, payable to the City of Porterville, and the Assignee must provide proof of aircraft and hangar owner’s liability insurance within thirty (30) days of Council approval.

4. Assignor hereby covenants said Lease as valid and existing and hereby warrant that Assignor is not in default as of the date of this Assignment.

5. This Assignment shall be binding upon and shall inure to the benefit of the respective parties, their successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease as of the date first above written.

ASSIGNOR: ASSIGNEE:

JLW Associates, Inc. Jerry L. Clark and Rebecca Ann Clark Revocable Trust
BY: BY:

Judy Willhite, Owner Jerry L. Clark, Trustee
BY:

Rebecca Ann Clark, Trustee

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 46E
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 46E, described in the foregoing Assignment, hereby consents to the foregoing Assignment of Lease Agreement from JLW Associates, Inc. to Jerry L. Clark and Rebecca Ann Clark Revocable Trust, terminating October 31, 2036, for the parking and storage of aircraft and storage of maintenance supplies and tools for servicing aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4th day of March, 2025.

CITY OF PORTERVILLE
BY: _______________________________
Greg Meister

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
Jason Ridenour, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No. 8.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Assignment of Airport Lease - Lot No. 6 and Lot No. 7 at the Porterville Municipal Airport
SOURCE: Public Works
COMMENT: Tule River Economic Development Corporation (TREDC) Real Estate is the current leaseholder of Lot No. 6 and Lot No. 7 at the Porterville Municipal Airport. The City of Porterville received a request from the Tule River Tribe of California requesting the lease transfer from TREDC Real Estate to the Tule River Tribe of California. The request for the business name change is due to the restructuring of the Tule River Tribe of California's business holdings. Tule River Tribe of California requests Council authorization to assume the existing lease agreements between the City of Porterville and TREDC Real Estate. The lease agreements expire on February 28, 2030, for Lot No. 6 and June 30, 2028, for Lot No. 7.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 6 and Lot No. 7 at the Porterville Municipal Airport from TREDC Real Estate to Tule River Tribe of California; and

2. Authorize the Mayor to sign the Assignment, Assumption and Consent Agreement on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Assignment of Lease Lot 6

2. Locator Map Lot No. 6

3. Draft Lessor's Consent to Assignment of Lease Lot 7

4. Locator Map Lot No. 7
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 8.

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 6
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 6, described in the foregoing Assignment, hereby consents to Assignment of Lease Agreement from TREDC Real Estate to Tule River Indian Tribe upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4
th day of March, 2025.

CITY OF PORTERVILLE
BY: _______________________________
Greg Meister

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
Jason Ridenour, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 7
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 7, described in the foregoing Assignment, hereby consents to Assignment of Lease Agreement from TREDC Real Estate to Tule River Indian Tribe upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4
th day of March, 2025.

CITY OF PORTERVILLE
BY: _______________________________
Greg Meister

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
Jason Ridenour, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No. 9.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Renewal of Airport Lease Agreement - Lot No. 9 SOURCE: Public Works
COMMENT: Arrow Falcon Exporters, Inc. is the current leaseholder of Lot No. 9 at the Porterville Municipal Airport. The lease expired on September 30, 2024, and continued on a month-to-month tenancy through February 2025. The City has received a request from Betty Jo Symonds, Vice President of Arrow Falcon Exporters, Inc., dated February 21, 2025, to renew the lease for an additional ten (10) years. The lot is approximately 22,500 square feet in area and will rent for a rate of $0.174 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2026, and each January 1 thereafter. The lease will begin on March 1, 2025, and expire on February 28, 2035. The hangar will be utilized for aviation purposes, including parking, tie-downs, storage, service, repair, maintenance, fueling, aircraft rental, flight instruction and other commercial activity reasonably related to the aviation industry.

RECOMMENDATION: That the City Council:

1. Approve the Lease Agreement between the City of
Porterville and Arrow Falcon Exporters, Inc. for Lot No. 9 at the Porterville Municipal Airport for a term of ten (10) years; and

2. Authorize the Mayor to sign the Lease Agreement on
behalf of the City.

ATTACHMENTS: 1. Draft Lease Agreement

2. Letter of Request

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Item No. 9.

Final Approver: Jason Ridenour, Interim City Manager
1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the first day of March, 2025, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Arrow Falcon Exporters, Inc., hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 9 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on March 1, 2025, both parties having executed the same, and shall terminate on February 28, 2035, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the 2 determination of the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.174 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 22,500 square feet of land area, said rental rate will be $3,915.00 annually, payable in advance.

Beginning January 1, 2026, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar for aeronautical purposes and activities directly relating to the operation of aircraft, including activities that make aircraft operation possible, required for aircraft safety, or otherwise directly connected to aircraft operations, including but not limited to parking, tie-downs, storage, service, repair, maintenance, fueling, aircraft rental and flight instruction, and other commercial activity reasonably related to the aviation industry. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or 3 anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final. 4 9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and 5 save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policies in the amount of not less than TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, 6 over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the 7 airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Arrow Falcon Exporters, Inc.

Betty Jo Symonds
2210 S. Blackspur Way
Meridian, ID 83642
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, 8 transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lender shall have the right at any time during the term of the loan and while this Lease is in full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter at such lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or 9 agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recover shall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any 10 other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation of said furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises as set forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing 11 only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.
12 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.

CITY OF PORTERVILLE LESSEE
By: ___________________________________ By: ________________________________ Greg Meister, Mayor Betty Jo Symonds, Vice President
Arrow Falcon Exporters, Inc.

ATTEST:

By: ___________________________________
Jason Ridenour, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney

Item No. 10.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Approval of Arts Commission Chalk Art Booth at 2025 Spring Festival SOURCE: Community Development
COMMENT: In October 2010, the City Council adopted Ordinance 1767, which established the Arts Commission. The primary duties of the Commission are identified as making recommendations to the City Council regarding the development and promotion of practices and policies pertaining to the arts and fostering the development and enjoyment of visual, cultural, performing, and other arts in the City of Porterville. The Arts Commission has hosted a Chalk Art booth at the Porterville Chamber of Commerce’s Spring Festival, formerly Iris Festival, since 2018.

At the February 10, 2025, Arts Commission special meeting, the commission voted in support of hosting a Chalk Art booth at this year’s upcoming Chamber of Commerce Spring Festival event. The Arts Commission action recommended that an item be brought forward for the Council's consideration in support of a request for funding to support the Chalk Art booth. If approved, the chalk art activity will be open to all levels of art experience to help foster art activities in our community.

Participation would be free, and each person is allowed to keep their artwork. Each participant is able to create art with chalk pastels on 18x24 charcoal paper. This will provide a smooth surface for the art, allow the work to be saved after the event, and reduce the cleanup effort required after the event. Booth fees, paid to the Chamber of Commerce, and project supply costs, such as chalk sets and paper, are not expected to exceed $400. Funding is available in the 2024/25 Community Promotions operating budget.

RECOMMENDATION: That the City Council:

1. Authorize the Arts Commission to proceed with hosting the sixth annual Chalk Art booth at the 2025 Spring Festival; and

2. Approve the expenditure for a total cost not to exceed $400 for the booth fee and the purchase of project supplies for the Chalk Art Event to be funded from the 2024/2025 Community Promotions operating budget.

Item No. 10.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 11.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Authorization to Approve Community Clean Up Events SOURCE: Public Works
COMMENT: To promote local property maintenance and beautification, the City hosts two clean-up events annually; one in Spring and one in Fall. These events provide City residential refuse customers with free disposal of general trash, bulky items, wood waste, yard clippings, mattresses, and E-waste at the City's Corporation Yard.

Based on the success of past events, staff recommends hosting two Community Clean-Up Events in 2025. The proposed event dates are Saturday, April 26, and Saturday, October 18. Staff have identified no other major City events on these dates.

The clean-up events are open to all residents receiving City residential refuse service. The estimated cost for both events is approximately $20,000, funded through the Solid Waste Operating Budget.

Event promotion will include mailed fliers, social media, the City's ENewsletter, the local newspaper, and the City website.

RECOMMENDATION: That City Council:

1. Declare April 26, 2025, "Spring Clean-Up Day" and
October 18, 2025, "Fall Clean-Up Day;"

2. Encourage all residents to clean up their properties and take advantage of these special opportunities offered by the City;

3. Authorize the City to accept trash, litter, and yard clippings delivered by City residents receiving City
residential refuse service to the Spring and Fall Clean-Up Events for free disposal; and

4. Authorize the cost of both events be funded from the Solid Waste Operating Budget.

ATTACHMENTS:

Item No. 11.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 12.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Council Consideration to Amend the Self-Performed Street Maintenance Program for Fiscal Year 2024-2025
SOURCE: Public Works
COMMENT: The City Council has challenged staff to evaluate opportunities to improve the annual performance of the Self-Performed Street Maintenance Program. In accordance with this request, the staff has evaluated the fiscal year 2024-2025 program, to include additional road segments for self-performed maintenance. The additional road segments will require an additional expenditure of $500,000 in Fiscal Year 2024-2025 for the Self-Performed Street Maintenance Program. In addition to supporting Annexation Projects, staff has prepared a list of street sections to add to the fiscal year's Self-Performed Street Maintenance Program. The qualification is based on the pavement condition index and the potential that this repair work will prolong the need for reconstruction and improve existing conditions. The proposed treatment is a traditional cold mix curb-to-curb overlay. The street sections identified are as follows:

STREET FROM TO
Main Street Linda Vista Ave North Grand Ave
Morton Ave Plano Street Henry Street
Olive Ave Conner Street Holcomb Street
Newcomb Street North Grand Ave Castle Ave
Measure I has been identified as the funding source for the additional road segments to be added to the Self-Performed Street Maintenance program.

RECOMMENDATION: That the City Council:

1. Consider and authorize the Fiscal Year 2024-2025 SelfPerformed Street Maintenance Program amendment;

2. Authorize the appropriation of $500,000 of Measure I funding to fully fund the program amendment.

ATTACHMENTS: 1. Proposed Arterial and Local Streets Locator Map Item No. 12.

2. Approved Local Streets Overlay Projects Map

3. Approved Arterial Collector Overlay Projects Map

4. June 4, 2024 Self-Performed Street Maintenance Staff Report
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 11.

CITY COUNCIL AGENDA – JUNE 4, 2024
SUBJECT: Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2024-2025
SOURCE: Public Works
COMMENT: Staff is requesting the expenditure of $2,000,000 in Fiscal Year 2024-2025 for the Self-Performed Street Maintenance Program. In addition to work performed in support of Annexation Projects, staff has prepared a list of street sections that qualify for this fiscal year's Self-Performed Street Maintenance Program; qualification is based on the pavement condition index and the potential that this repair work will prolong the need for reconstruction and improve existing conditions. The proposed treatment is a typical grind out and pave back using an asphalt paver with Asphalt Concrete Hot Mix and/or a traditional cold mix curb-tocurb overlay. The street sections identified are as follows:

STREET FROM TO

Westside St. Morton Ave Putnam Ave
Newcomb St. Morton Ave Olive Ave
Wisconsin St. Olive Ave Putnam Ave
Kimberly Pl. Chelsea Way South End
Justin Ct. Chelsea Way North End
Chris Ct. Chelsea Way South End
Prospect St. North Grand Ave Pioneer Ave
Lotas Way Pioneer Ave Brian Ln.

Villa St. Union Ave Vine Ave
E St. Olive Ave Vine Ave
Item No. 11.

Springville Ave Jaye St. Oak View St.

Ohio St. Melinda Ave Stacie Ave
Chess Terrace
St.

Melinda Ave Gibbons Ave
Cottage Circle Stacie Ave North End
Mathew St. Castle Ave Brian Ave
Monache Ln. Red Oak St. Wellington St.

Silver Maple St. Monache Ln. San Lucia Ct.

San Lucia Ct. Silver Maple St. East End
Red Oak St. Luisa Ave Monache Ln.

Dexter Ave Villa St. Village Green
St.

Dexter Ave Villa St. Carmelita St.

E St. Olive Ave Willow Ave
Plano St. Westfield Ave 1090 N. Plano
St.

Casa Del Rio Date Ave Presidio Ave
Presidio Ave Rio Bonito Carmella St.

Carmella St. Presidio Ave Rio Vista Ave
Rio Bonito St. Presidio Ave Rio Vista Ave
Olive Ave Conner St. Hillcrest St.

Chelsea Way Newcomb St. Chris Ct.

Plano St. Mulberry Ave Henderson Ave
Westwood St. Olive Ave Tule River
Bridge
Item No. 11.

Henderson
Avenue (w/b)
State Route 65 1265 W.

Henderson Ave
Olive Avenue
(e/b)
G Street F Street
Olive Avenue
(e/b)
E Street Railroad Tracks
Olive Avenue D Street Hockett Street
Surface Transportation Program funds, Measure I, and Measure R Local funds are the sources of funding for this program.

RECOMMENDATION: That the City Council:

1. Approve the Fiscal Year 2024-2025 Self-Performed Street Maintenance Program; and

2. Authorize the expenditure of $2,000,000 in Fiscal Year 2024- 2025 for the Self-Performed Street Maintenance Program.

ATTACHMENTS: 1. Proposed Arterial/Collector Overlay Projects Map

2. Proposed Local Streets Overlay Projects Map
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 13.

CITY COUNCIL AGENDA – MARCH 4, 2025
SUBJECT: Acquisition of Right of Way for Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project
SOURCE: Community Development
COMMENT: The Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project includes the replacement of the existing traffic signal, the additions of protected left turn phasing for all intersection legs, and provision of accessible curb ramps at all corners.

In order to accomplish the project, it requires the acquisition of right of way and easements. Staff has negotiated the following:
• Cedar Cliff Village, LLC. (APN 251-201-035) - Partial Property Acquisition in fee consisting of approximately 67.6 square feet of acquisition area (Right-of-Way).
• John Law, Inc. (APN 259-112-036) - Partial Property Acquisition in fee consisting of approximately 16.4 square feet acquisition area (Right-ofWay) and a Temporary Construction Easement consisting of approximately 134 square feet over real property.
• Jerry Lee, Trustee of the Arthur Lee Residuary Trust, as to an undivided 13.30% interest; Jerry Lee, Trustee of the Arthur Lee Marital Trust, as to an undivided 6.60% interest; Mary Lee, Trustee of the Mary Lee Revocable Trust, amended and restated on November 19, 2020, as to an undivided 33.50% interest and Jerry Lee and/or Angela C. Lee, cotrustees of the Jerry Lee and Angela C. Lee Revocable Trust dated December 10, 2003, as to an undivided 46.60% interest, all as Tenants In Common (APN 259-111-013) - Partial Property Acquisition in fee consisting of approximately 38 square feet acquisition area (Right-ofWay) and a Temporary Access Agreement, over real property.

The terms of the purchases, totaling $6,000, are outlined in the Acquisition of Real Property Agreements, which are provided herein, as are the draft Resolutions for the City Council's consideration. The City was awarded funding through the Highway Safety Improvement Program (HSIP) for this project, which will cover the costs associated with the acquisitions.

Item No. 13.

RECOMMENDATION: That the City Council adopt the draft Resolutions approving the acquisition of the right of way and easements for the completion of the Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project; and authorize the Mayor and City Manager to sign all documents necessary to complete the purchases.

ATTACHMENTS: 1. Draft Resolution - Cedar Cliff Village LLC

2. Agreement for Acquisition - Cedar Cliff Village LLC

3. Grant Deed - Cedar Cliff Village LLC

4. Draft Resolution - Law, Inc

5. Agreement for Acquisition - Law, Inc

6. Grant and Easement Deeds - Law, Inc

7. Draft Resolution - Lee Trusts

8. Agreement for Acquisition - Lee Trusts

9. Grant Deed - Lee Trusts
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE ACCEPTING A GRANT DEED IN FEE FOR REAL PROPERTY

FROM CEDAR CLIFF VILLAGE, LLC FOR RIGHT OF WAY IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Grant Deed in fee for right of way improvements from Cedar Cliff Village, LLC (“Grantor”), for real property, in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibit "A" and as shown on Exhibit "B" attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the purchase price of ONE THOUSAND DOLLARS ($1,000) is hereby approved with the City to disburse funds to the Grantor, pay the normal and customary fees, authorize the Mayor and City Manager to sign all necessary documents, and said deed to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.
_______________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By_______________________________
Fernando Gabriel Moraga, Acting Chief Deputy City Clerk 251-201-035 Cedar Cliff, LLC

EXHIBIT A

LEGAL DESCRIPTION

RIGHT OF WAY AREA
That porƟon of Parcel 3 of that Grant Deed recorded August 12, 1997 as Document No. 97-054070 of the Official Records of Tulare County, being situated in a porƟon of the Southeast quarter of SecƟon 27, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, and being described as follows:

Commencing at the Southeast corner of said SecƟon 27;
Thence South 89° 31’ 37” West, along the South line of said Southeast quarter, a distance of 851.49 feet; Thence North 0° 28’ 23” West, 55.00 feet more or less to the beginning of a curve on the South line of said Parcel 3 and the True Point of Beginning;
Thence Northwesterly 24.36 feet along said curve on the South line of said Parcel 3, said curve being concave to the Northeast, with a radius of 20.00 feet, a central angle of 69° 47’ 36”, and a beginning radial which bears South 0° 28’ 27” East;
Thence North 69° 19’ 09” East, 3.00 feet;
Thence Southeasterly 20.71 feet along a non-tangent curve, concave to the Northeast, with a radius of

17.00 feet, a central angle of 69° 47’ 36”, and a beginning radial which bears South 69° 19’ 09” West; Thence South 0° 28’ 27” East, 3.00 feet to the True Point of Beginning.

Containing approximately 67.6 square feet
S89° 31' 37"W 851.49'
N0° 28' 23"W 55.00'±
Δ=69°47'36" R=20.00' L=24.36'
N69° 19' 09"E 3.00'
S0° 28' 27"E 3.00'
Δ=69°47'36" R=17.00' L=20.71'
S0°28'27"E (R)
S69°19'09"W (R)
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com SCALE: 1" = 20'
6/19/2024
22550_NE CORNER RIGHT OF WAY AREA - PLAT 251-201-035 - R/W

OLIVE AVENUE & PORTER ROAD

OLIVE AVENUE
POR. SE1/4 SECT.27-21/27
SE COR. SECT. 27 -21/27

TRUE POINT OF BEGINNING

RIGHT OF WAY DEDICATION
AREA = 67.6 sf±
PORTER ROAD PARCEL 3 GRANT DEED 97-054070 REC. 8/12/1997 T.C.R.

251-201-035 Cedar Cliff, LLC

EXHIBIT A

LEGAL DESCRIPTION

RIGHT OF WAY AREA
That portion of Parcel 3 of hat Grant Deed recorded August 12, 1997 as Documen o. 97-054070 of the Official Records of Tulare County, being situated in a portion of the Southeast quarter of Section 27, Township 21 South, Range 27 East, ount Oiablo Base and Meridian, in he Cit of Porterville, County of Tulare, State of California, and being described as follows:

Commencing at the Southeast corner of said Section 27;
Thence South 89
° 31' 37" est, along the South line of said Southeast quarter, a dis ance of 851.49 feet; Thence North 0
° 28' 23" est, 55.00 feet more or less to the beginning o a curve on he South line of said Parcel 3 and the True Point of Beginning;
Thence North\ esterly 24.36 fee along said curve on the South line of said Parcel 3, said curve being concave to the Northeast, ith a radius of 20.00 feet, a central angle o 69° 47' 36", and a beginning radial which bears South 0
° 28' 27" East;
Thence North 69° 19' 09" East, 3.00 feet;
Thence Southeasterly 20. 71 feet along a non-tangent curve, concave to the ortheast, i h a radius of

17.00 feet, a central angle of 69
° 47' 36", and a beginning radial which bears South 69° 19' 09" West; Thence South 0
° 28' 27" East, 3.00 feet to t e True Point of Beginning.

Containing approximately 67.6 square feet