Agenda packet — Porterville City Council, April 1, 2025 (part 1 of 2)

City Council Agenda April 1, 2025

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 1, 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/89999407040?pwd=Cz0c2yDjrmONHgmE0avOAoxoDWG0zL.1 Or via Telephone: +1 669 900 6833 Webinar ID: 899 9940 7040 Passcode: 143925 Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 255-240-013. Agency Negotiator: Jason Ridenour. Negotiating Parties: City of Porterville and Danny Henderson. Under Negotiation: Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiators: Jason Ridenour and Yuliana Andrade. Employee Organizations: Porterville City Employee Association, Porterville Safety Support Unit, and Porterville Police Officer Association. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Josefina Pacheco. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Mireya Robledo. Agency claimed against: City of Porterville.

City Council Agenda April 1, 2025

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5 - Government Code Section 54956.95 – Liability Claim: Claimant: Amanda Wingfield. Agency claimed against: City of Porterville.

6 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS
Employee of the Month - Alex Pollock
Employee Service Awards

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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 Measure R Program Supplements to the Cooperative Agreement - Bridge Repairs
Re: Consideration to approve the attached Resolutions in support of the Program Supplements to the Cooperative Agreement totaling $2,000,000, for repairs to several of the City's bridges, including the Plano Street Bridge at the Tule River, the Porter Road Bridge at the Porter Slough, and the Westwood Street Bridge at the Porter Slough.

2. Authorization to Repair Porter Road Bridge
Re: Considering approval to initiate a purchase order to Romanazzi General Engineering for $127,700 for Porter Street Bridge repairs, with an additional $12,770 for a 10% construction contingency and $12,770 for construction management, surveying, quality control, and inspection services, bringing the total project cost to $153,240.

3. Authorization to Repair Westwood Street Bridge at the Porter Slough City Council Agenda April 1, 2025

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Re: Considering approval to initiate a purchase order to Steelex Industrial in the amount of $14,935, for the Westwood Street Bridge repairs, with an additional $1,493.50 for a 10% construction contingency and $1,493.50 for construction management, surveying, quality control, and inspection services, bringing the total project cost to $17,922.

4. Authorization to Advertise for Bids - Fourth Street Water Replacement Project Re: Considering approval of the Plans and Project Manual for the project, which consists of replacing the existing undersized water main and water laterals in the area and provide a fire connection to the community center project, located on Fourth Street from Morton Avenue to Henderson Avenue.

5. Authorization to Advertise for Bids - Pavement Preservation Project Re: Considering approval of the Plans and Project Manual for the Pavement Preservation Project located on Date Avenue from Main Street to Orange Avenue, Date Avenue from Plano Street to Park Street, Orange Avenue from Main Street to Plano Street, Lime Street from Henderson Avenue to just north of Sandra Court, North Grand Avenue from just west of W. North Grand Avenue to Highway 65, and Henderson Avenue from Indiana Street to Jaye Street (a total of approximately 8.44 lane miles) to include various types of pavement treatments.

6. Authorization to Distribute a Request for Proposals (RFP) for the Transit Center Renovation Project
Re: Council to consider the distribution of a Request for Proposals (RFP) for the Transit Center Renovation Project located at 61 W. Oak Avenue.

7. Amendment to Consultant Services Contract - Baseball Field Design Project Re: Consideration to execute Addendum No. 1 to the QK, Inc Service Agreement at an agreed upon fee of $89,250 for the design of the second baseball field; and consider the execution of Addendum No. 2 to the QK, Inc Service Agreement at an agreed upon fee of $15,900 for the design of the Sports Complex master plan layout of the improvements.

8. Consent to Sublet - Lot No. 32C at the Porterville Municipal Airport Re: Consideration to authorize the Lessee, Michael Quatacker and Debbie Quatacker, to sublet airport hangar on Lot No. 32C at the Porterville Municipal Airport to Adryel Levis commencing on March 1, 2025 and expiring on February 28, 2027.

9. Consent to Sublet - Lot No. 34E at the Porterville Municipal Airport Re: Consideration to authorize the Lessee, Michael Quatacker and Debbie Quatacker, to sublet airport hangar on Lot No. 34E at the Porterville Municipal Airport to Angel and Lorena Leon, on a month-to-month tenancy, commencing on March 1, 2025.

10. Request for Proclamation - Parental Rights Month
Re: Considering approval of a request to proclaim the month of April as "Parental Rights Month" in the City of Porterville.

11. Request for Proclamation - Frontline Worker Appreciation Month City Council Agenda April 1, 2025

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Re: Considering approval of a request to proclaim the month of May as "Frontline Worker Appreciation Month" in the City of Porterville.

12. Request for Proclamation - Easter Holiday Week - Blessings of Liberty Re: Considering approval of a request to proclaim Easter Holiday Week in the City of Porterville.

13. Request for Proclamation - Holy Week - Church of Jesus Christ of Latter-Day Saints
Re: Considering approval of a request to proclaim Holy Week in the City of Porterville.

14. Request for Proclamation - Easter Holiday Week - Porterville Church of Christ Re: Considering approval of a request to proclaim Easter Holiday Week in the City of Porterville.

15. Request for Proclamation - Holy Week - Porterville Church of God Re: Considering approval of a request to proclaim Holy Week in the City of Porterville.

16. Request for Proclamation - Easter Holy Week - Porterville Church of the Nazarene
Re: Considering approval of a request to proclaim Easter Holy Week in the City of Porterville.

17. Approval of Revised Street Closures and Event Map - Porterville Chamber of Commerce - Spring Festival - April 5, 2025
Re: Consideration to approve the revised street closures and event map for the Porterville Chamber Spring Festival scheduled for Saturday, April 5, 2025.

18. Approval of Community Civic Event - Children's Miracle Network - City Color Run/Walk - April 26, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Children's Miracle Network to hold the "City Color Run/Walk" event on Saturday, April 26, 2025, at Veterans Park, from 10:00 AM to 2:00 PM.

19. Approval of Community Civic Event - Parenting Network - Calling All Superheroes - April 30, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Parenting Network to hold the "Calling All Superheroes" event on Wednesday, April 30, 2025, at Zalud Park, from 3:00 PM to 5:30 PM.

20. Approval of Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Parade and Sunday Fiesta - May 3 - 4, 2025
Re: Consideration to to approve the Community Civic Event application submitted by the Comision Honorifica Mexicana Americana, Inc., to hold the Annual Cinco de Mayo Celebration Parade down Main Street on Saturday, May 3, 2025, from 10:00 AM to 12:00 PM, and Fiesta at Veterans Park on Sunday, May 4, 2025, from 10:00 AM to 7:00 PM.

21. Approval of Community Civic Event - Pink Heals Tulare County Chapter and Rollin' Relics Car Club - Rollin' Relics Car Show - May 10, 2025 City Council Agenda April 1, 2025

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Re: Consideration to approve the Community Civic Event application submitted by Pink Heals Tulare County Chapter and Rollin' Relics Car Club to hold the "Rollin' Relics Car Show" event on Saturday, May 10, 2025, at Veterans Park, from 7:00 AM to 3:00 PM.

22. Consideration of Authorization of Additional Funds for Main Street Project Re: Consideration to approve the upgrade of the trees to be replaced on Main Street from 24" box trees to 48" box trees; and appropriate Measure I funding in the amount of $187,120.90 to cover the cost of the larger trees.

23. Authorization to Hold a Public Hearing Regarding Proposed 2025 Public Transportation Service Changes
Re: Council to consider the authorization to schedule a public hearing on May 6, 2025, at 6:30 p.m. to receive public input on proposed changes to public transportation services in response to anticipated reductions in federal and state funding.

24. Approval of Measure R Program Supplement to Cooperative Agreement - Trail Maintenance
Re: Consideration to approve the draft resolutions in support of the Program Supplements to the Cooperative Agreement for the maintenance and security direct costs as incorporated into the Measure R Expenditure Plan with Amendment 5.

25. 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.

SCHEDULED MATTERS

26. Consideration of Appointment to the Arts Commission Re: Considering the appointment of an individual to serve on the City's Arts Commission.

27. Consideration of Appointments to the Downtown Porterville Committee Re: Consideration of appointments to the Downtown Porterville Committee.

28. Nomination of Representative to Tulare County California Identification System (CAL-ID) and Remote Access Board (RAN Board)
Re: Council to consider a candidate to nominate for appointment by the City Selection Committee as the City Mayor Member to the County of Tulare CALID/RAN Board.

29. Authorization to Purchase a "Happy Easter" Banner for Main Street Re: Consideration to purchase a "Happy Easter" banner for Main Street.

30. Consideration of Airport Lease Agreement – Lot No. 9 Re: Consideration to approve a Lease Agreement between the City of Porterville and Arrow Falcon Exporters, Inc. for Lot No. 9 at the Porterville Municipal Airport and waive the conditions outlined in Porterville Charter Section 68 specific to this lease renewal.

31. Council Consideration and Implementation of Financial Assistance Program for Mixed-Metering
City Council Agenda April 1, 2025

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Re: Council to provide direction to implement irrigation meter assistance for nonprofits and commercial accounts with 0% interest financing.

32. Consideration of Continuation of the Zero-Fare Program Re: Council to consider the continuation of the Zero-Fare Program beyond June 30, 2025.

33. Amendment to Consultant Services Contract - Emergency Operations Center Re: Consideration to execute the Consultant Service Agreement for the design of the Station 71/Emergency Operations Center Project and the design of the remodel of Centennial Plaza with COAR Design Group in the amount of $1,140,250; authorize a design contract contingency in the amount of $114,025; and authorize an appropriation of Measure I Funds in the amount of $60,500.

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 - March 19, 2025

2. Tulare County Economic Development Corp. (TCEDC) - March 26, 2025

3. Porterville Groundwater Sustainability Agency - March 27, 2025

4. Tulare County Association of Governments Board Training - March 27, 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 April 15, 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 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.

Item No. 1.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Measure R Program Supplements to the Cooperative Agreement - Bridge Repairs
SOURCE: Engineering and Project Management
COMMENT: The Tulare County Association of Governments (TCAG), acting as the Local Transportation Authority ("Authority") is requesting that the City approve and submit a Supplemental Agreement (SA) for repairs to several of the City's bridges, including the Plano Street Bridge at the Tule River, the Porter Road Bridge at the Porter Slough, and the Westwood Street Bridge at the Porter Slough. The Plano Street Bridge and the Porter Road Bridge are in need of repairs due to intentional undermining damage. The Westwood Street Bridge is in need of repairs to the guardrail and the connections of the guardrail to the bridge deck due to damage caused by motor vehicles.

The Authority requires the processing of a SA for each project for the purpose of reimbursing one hundred percent (100%) of the design, construction management, quality control, and non-participating construction costs. The cost to repair all the bridges is expected to not exceed $2,000,000.

As stated above, a Supplemental Agreement, Resolution and Exhibit 'A' must be received by the Authority before the City can seek reimbursement for said design, non-participating construction, and construction management costs. Exhibit 'A' provides the project title, project scope, and estimate of probable cost for each project.

RECOMMENDATION: That the City Council:

1. Approve the attached Resolutions in support of the
Program Supplements to the Cooperative Agreement
totaling $2,000,000;

2. Authorize the Mayor and City Clerk to execute the
Program Supplements; and

3. Authorize the City Clerk to forward the executed Program Supplements to TCAG for approval.

Item No. 1.

ATTACHMENTS: 1. Draft Resolution and Supplemental Agreement - Plano St Bridge

2. Draft Resolution and Supplemental Agreement -
Porter Road Bridge

3. Draft Resolution and Supplemental Agreement -
Westwood Street Bridge
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE

PLANO STREET BRIDGE AT THE TULE RIVER REPAIR PROJECT
WHEREAS, the City of Porterville is eligible to receive 100% reimbursement for the construction costs, construction management and quality control costs totaling $1,828,838 for required repairs to the Plano Street Bridge at the Tule River, which meets the Measure ‘R’ guidelines; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all costs incurred in Fiscal Years 2024/2025 related to the required repairs of the Plano Street Bridge at the Tule River; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Plano Street Bridge at the Tule River Repair Project and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 1st day of April, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
MEASURE ‘R’ PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
This Program Supplement is made and entered into on April 1, 2025, by and between the City of Porterville (“Sponsor”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).

This Program Supplement hereby incorporates the “Measure ‘R’ Cooperative Agreement” for Measure ‘R’ expenditures, which was entered into between the Sponsor and the Authority on May 29, 2007, and is subject to all terms and conditions thereof. This Program Supplement is executed under authority of Resolution No. ___-2025, approved by the Sponsor on April 1, 2025 (see copy attached).

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

Covenants of Sponsor

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

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

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

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

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

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

COUNTY OF TULARE

TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Greg Meister, Mayor
Attest:

By: ____________________
Jason Riderour, Interim City Clerk
EXHIBIT “A”
Plano Street Bridge at the Tule River Repair Project
Project Scope
Required repairs to the bridge structure, supports, and street deck due to intentional undermining.

Project Costs
Project Tasks Engineer’s Estimate
Construction $1,524,032.00
Construction Management
and Quality Control
$152,403.00
Construction Contingency $152,403.00
Total Estimated Costs $1,828,838.00
Current Funding Sources
Measure ‘R’ $1,828,838.00
Total Funding Available $1,828,838.00
Project Schedule
Project Tasks Date
Begin Construction April 2025
End Construction May 2025
RESOLUTION NO. - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE

PORTER ROAD BRIDGE AT THE PORTER SLOUGH REPAIR PROJECT
WHEREAS, the City of Porterville is eligible to receive 100% reimbursement for the construction costs, construction management and quality control costs totaling $153,240 for required repairs to the Porter Road Bridge at the Porter Slough, which meets the Measure ‘R’ guidelines; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all costs incurred in Fiscal Years 2024/2025 related to the required repairs of the Porter Road Bridge at the Porter Slough; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Porter Road Bridge at the Porter Slough Repair Project and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 1st day of April, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
MEASURE ‘R’ PROGRAM SUPPLEMENT TO

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

Covenants of Sponsor

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

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

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

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

COUNTY OF TULARE

TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Greg Meister, Mayor
Attest:

By: ____________________
Jason Ridenour, Interim City Clerk
EXHIBIT “A”
Porter Road Bridge at the Porter Slough Repair Project
Project Scope
Required repairs to the bridge structure, supports, and street deck due to intentional undermining.

Project Costs
Project Tasks Engineer’s Estimate
Construction $127,000.00
Construction Management
and Quality Control
$12,700.00
Construction Contingency $12,700.00
Total Estimated Costs $153,240.00
Current Funding Sources
Measure ‘R’ $153,240.00
Total Funding Available $153,240.00
Project Schedule
Project Tasks Date
Begin Construction April 2025
End Construction May 2025
RESOLUTION NO. - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE

WESTWOOD STREET BRIDGE AT THE PORTER SLOUGH REPAIR PROJECT WHEREAS, the City of Porterville is eligible to receive 100% reimbursement for the construction costs, construction management and quality control costs totaling $17,922 for required repairs to the Westwood Street Bridge at the Porter Slough, which meets the Measure ‘R’ guidelines; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all costs incurred in Fiscal Years 2024/2025 related to the required repairs of the Westwood Street Bridge at the Porter Slough;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Westwood Street Bridge at the Porter Slough Repair Project and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 1st day of April, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
MEASURE ‘R’ PROGRAM SUPPLEMENT TO

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

Covenants of Sponsor

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

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

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

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

COUNTY OF TULARE

TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Greg Meister, Mayor
Attest:

By: ____________________
Jason Ridenour, Interim City Clerk
EXHIBIT “A”
Westwood Street Bridge at the Porter Slough Repair Project Project Scope
Required repairs to the bridge guard rail, and related supports and connections to the bridge deck due to vehicular damage.

Project Costs
Project Tasks Engineer’s Estimate
Construction $14,935.00
Construction Management
and Quality Control
$1,493.50
Construction Contingency $1,493.50
Total Estimated Costs $17,922.00
Current Funding Sources
Measure ‘R’ $17,922.00
Total Funding Available $17,922.00
Project Schedule
Project Tasks Date
Begin Construction April 2025
End Construction May 2025
Item No. 2.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Repair Porter Road Bridge
SOURCE: Engineering and Project Management
COMMENT: On February 26, 2025, the Porter Road Bridge crossing the Porter Slough had to be closed to all traffic due to safety concerns resulting from undermining damage to the area. The City Engineer, along with staff from the Engineering and Public Works departments, evaluated the area in order to determine the best course of action for the repairs to be completed and the road to be reopened to the public expeditiously. Due to the need to make repairs as quickly as possible to prevent further deterioration and to allow traffic to resume in the area, staff sought bids from multiple contractors that are either from the area or currently working in the area. The results are as follows:

Company Total
Romanazzi General Engineering $127,700
Greg Bartlett Construction, Inc $133,550
99 Pipeline, Inc $141,327
MAC General Engineering, Inc $191,420
Yarbs Grading and Paving, Inc $196,100
Dawson-Mauldin, LLC $235,900
Granite Construction, Inc $340,000
American Paving Co. $546,900
Romanazzi General Engineering was the lowest responsive bidder.

Additionally, they are available immediately to begin the process of making the needed repairs to the Porter Street Bridge. An additional $12,770 is necessary for construction contingency (10%) and $12,770 is required for construction management, surveying, quality control and inspection services (10%),for a total construction cost of $153,240. The total cost of the project will be funded by Measure R - Regional.

RECOMMENDATION: That the City Council:

1. Direct the Finance Director to initiate a purchase order to Romanazzi General Engineering in the amount of
$127,700;
Item No. 2.

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

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

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

BRIDGE EMERGENCY REPAIR

LOCATOR MAP
NORTH
0 250 500
SCALE: 1" = 250' PORTER RD

MORTON AVE

PUTNAM AVE
SUBJECT LOCATION ALL AMERICA CITY HWY 65 INDIANA ST
Item No. 3.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Repair Westwood Street Bridge at the Porter Slough SOURCE: Engineering and Project Management
COMMENT: Staff received notice that the guard rail for the Westwood Street Bridge at the Porter Slough crossing had been severely damaged by a motor vehicle. After an evaluation by the City Engineer, it was determined that the situation warranted repairs to be completed as quickly as possible to help safeguard the public traveling in the area. Staff sought bids from multiple contractors that are either from the area or currently working in the area. The results are as follows:

Company Total
Steelex Industrial $14,935
Romanazzi General Engineering $19,000
99 Pipeline, Inc $24,206
Advanced Concrete, Inc No Response
Greg Bartlett Construction, Inc No Response
Steelex was the lowest responsive bidder. Additionally, they are available immediately to begin the process of making the needed repairs. An additional $1,493.50 is necessary for construction contingency (10%) and $1,493.50 is required for construction management, surveying, quality control and inspection services (10%), equating to a total construction cost of $17,922. The total cost of the project will be funded by Measure R - Regional.

RECOMMENDATION: That the City Council:

1. Direct the Finance Director to initiate a purchase order to Steelex Industrial in the amount of $14,935;

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

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

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

Item No. 3.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

WESTWOOD BRIDGE REPAIR

LOCATOR MAP
NORTH
0 250 500
SCALE: 1" = 250' WESTWOOD ST

PORTER CREEK AVE

SUBJECT LOCATION

BEL AIRE CT

HENDERSON AVE JENNIFER WAY
Item No. 4.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Advertise for Bids - Fourth Street Water Replacement Project
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Fourth Street Water Improvement Project, located on Fourth Street from Morton Avenue to Henderson Avenue. The project will replace the existing undersized water main and water laterals in the area and will provide a fire connection to the community center project that will allow the fire system for the project to be on a loop as required by the Fire Code.

The Engineer's Estimate of Probable Cost for the project is $862,697.

An additional $86,269 is necessary for construction contingency (10%) and $86,269 is required for construction management, surveying, materials testing, and quality control (10%), equating to a total construction cost of $1,035,235.

Funding for this project in the amount of $400,000 in the Water Replacement Fund (WRF) has been approved in the 2024/2025 Fiscal Year budget. Additional funding in the amount of $635,235 is available from the WRF to fully fund the project.

RECOMMENDATION: That the City Council:

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

2. Authorize an appropriation of Water Replacement funds in the amount of $635,235;

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922; and

4. Authorize the City Engineer to negotiate materials testing services with one of the firms as approved by Council
MO#09-081523.

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate of Probable Cost
Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

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

FOURTH STREET WATER

REPLACEMENT PROJECT

LOCATOR MAP
NORTH
0 500 1000
SCALE: 1" = 500' FOURTH ST

HENDERSON AVE

MORTON AVE

GRAND AVE

SUBJECT LOCATION
City of Porterville
Fourth Street Water Design Project
PROJECT: Fourth Street Water Replacement Project
Base Bid

ITEM ITEM UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
1 Mobilization, Demobilization, Bonds, and
Insurance 1 LS $27,500.00 $27,500.00
2 Dust Control & Project Site Maintenance 1 LS $11,000.00 $11,000.00 3 Furnish and Implement Traffic Control System 1 LS $27,500.00 $27,500.00 4 Construction Notification Sign 2 EA $3,300.00 $6,600.00 5 Furnish Utility Locating 1 LS $11,000.00 $11,000.00
6 Miscellaneous Facilities and Operations 1 LS $22,000.00 $22,000.00 7 Remove and Dispose of Existing Water Pipe, Valve
Risers, Boxes, and Lids 1 LS $16,500.00 $16,500.00
8 Adjust Gate Valve Wells and Covers to Final Grade 19 EA $1,650.00 $31,350.00 9 Remove Exist. Water Sevice and Install new 1"
Water Service Assembly 39 EA $3,520.00 $137,280.00
10 Install multiple unit meter service per City Standard W-5 12 EA $1,100.00 $13,200.00
11 Install 2" Water Service CTS 41 LF $55.00 $2,255.00
12 Install 8" DR-14 Pipe 2682 LF $176.00 $472,032.00
13 Install 4" Gate Valve 2 EA $2,200.00 $4,400.00
14 Install 8" Gate Valve 8 EA $2,310.00 $18,480.00
15 Install 10" Gate Valve 2 EA $3,300.00 $6,600.00
16 Install Fire Hydrant Assembly 4 EA $12,100.00 $48,400.00 17 Connect Existing Fire Hydrant to Proposed 8"
Water Main 2 EA $3,300.00 $6,600.00
TOTAL BID $862,697.00
Project Total
City Enginner
Engineering & Project Management Director
$862,697.00

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Item No. 5.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Advertise for Bids - Pavement Preservation Project SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Pavement Preservation Project located on Date Avenue from Main Street to Orange Avenue, Date Avenue from Plano Street to Park Street, Orange Avenue from Main Street to Plano Street, Lime Street from Henderson Avenue to just north of Sandra Court, North Grand Avenue from just west of W. North Grand Avenue to Highway 65, and Henderson Avenue from Indiana Street to Jaye Street (a total of approximately 8.44 lane miles). The project will include various types of pavement treatments that will both improve the quality of the road surface and extend its life.

Streets selected for fog seal will help to ensure that moisture does not permeate the pavement surface, which would speed up the deterioration of the pavement section. Slurry sealing is a similar process to fog sealing but is a thicker application and more appropriate for streets with more or larger cracks in the surface.

The Engineer's Estimate of Probable cost for the project is $877,513.40.

An additional $87,751 is necessary for construction contingency (10%), and $87,751 is required for construction management, surveying, materials testing, and quality control (10%), equating to a total construction cost of $1,053,015.40.

Funding for this project is available in Measure R Local Funds as approved in the 2024/2025 Fiscal Year Budget.

RECOMMENDATION: That the City Council:

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

2. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922; and

3. Authorize the City Engineer to negotiate materials testing services with one of the firms as approved by Council
MO#09-081523.

Item No. 5.

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate of Probable Cost
Appropriated/Funded:

Review By:

Department Director:

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

DOUGLAS ST.

BOYLES DR.

WILSON PL.

BEVERLY DR.

BOYLES ST.

LOTAS ST.

MAIN ST.

NEWCOMB ST.

PROSPECT ST.

HWY. 65 NORTH GRAND AVENUE DEXTER AVE. SANDRA CT. HEATHERWOOD CT. OLIVEWOOD CT. BRIGHTWOOD CT.

VILLA ST. McCOMB AVE. THETA AVE.

SHADOWOOD ST.

COTTAGE ST.

OHIO ST.

WOODS ST. SANDRA LN. GERRY LN.MULBERRY AVE.

MAIN ST.

INDIANA ST.

G ST.

JAYE ST.

DIVISION ST.

HENDERSON AVE.

LIME ST. RIVER AVE.

RIO BONITO ST.

CAMELLIA ST. ALAMO AVE. TULE CT.

WILLIAMS DR.

CORONA DR.

PARK ST. ANDRES ST.

MAIN ST.

LOCUST AVE.

C ST.

B ST.

A ST.

WALLACE ST.

CORNELL ST. DATE AVE.

PLANO ST.

PARK ST. ORANGE AVE. SUBJECT LOCATION SUBJECT LOCATION DATE AVENUE ORANGE AVENUE NORTH GRAND AVENUE

PLANO STREET

PARK STREET

INDIANA STREET

LIME STREET HENDERSON AVENUE

MAIN STREET
HWY. 65

NEWCOMB STREET SUBJECT LOCATION
City of Porterville
Date Avenue, Orange Avenue, Lime Street, North Grand Avenue, Henderson Avenue Bid Part A - Date Avenue (Main St to Orange Ave) Type II Slurry ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
A1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 A2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 A3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 A4 Removal of Pavement Markers 1 LS $1,320.00 $1,320.00 A5
Type II Slurry, including site preparations per the
guidelines set forth in the project specifications 9630 SY $2.42 $23,304.60 A6
Adjust existing Sewer Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 7 EA $1,540.00 $10,780.00 A7
Adjust existing Storm Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 5 EA $1,540.00 $7,700.00 A8
Adjust existing Water Valve frame & cover to
finish grade per City Standard W-7.1 16 EA $825.00 $13,200.00 A9 Traffic Striping and Marking 1 LS $6,600.00 $6,600.00 TOTAL BID PART A $128,904.60
Bid Part B - Date Avenue (Plano St to Park St) Type II Slurry ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
B1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 B2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 B3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 B4
Type II Slurry, including site preparations per the
guidelines set forth in the project specifications 5308 SY $2.42 $12,845.36 B5
Adjust existing Sewer Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 4 EA $1,540.00 $6,160.00 B6
Adjust existing Storm Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 1 EA $1,540.00 $1,540.00 B7
Adjust existing Water Valve frame & cover to
finish grade per City Standard W-7.1 3 EA $825.00 $2,475.00 B8 Traffic Striping and Marking 1 LS $5,500.00 $5,500.00 TOTAL BID PART B $94,520.36
Bid Part C - Orange Avenue (Main St to Plano St) Fog seal ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
C1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 C2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 C3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 C4 Removal of Pavement Markers 1 LS $3,300.00 $3,300.00 Pavememnt Preservation Project

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City of Porterville
Date Avenue, Orange Avenue, Lime Street, North Grand Avenue, Henderson Avenue C5
Fog Seal, including site preparations per the
guidelines set forth in the project specifications 23405 SY $0.69 $16,090.94 C6 Traffic Striping and Marking 1 LS $16,500.00 $16,500.00 TOTAL BID PART C $101,890.94
Bid Part D - Lime Street (Henderson Avenue - Sta. 27+61) Type II Slurry ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
D1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 D2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 D3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 D4
Type II Slurry, including site preparations per the
guidelines set forth in the project specifications 7341 SY $2.42 $17,765.22 D5
Adjust existing Sewer Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 11 EA $1,540.00 $16,940.00 D6
Adjust existing Storm Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 1 EA $1,540.00 $1,540.00 D7
Adjust existing Survey Monument Encasement to
finish grade per city M-1 6 EA $770.00 $4,620.00
D8
Adjust existing Water Valve frame & cover to
finish grade per City Standard W-7.1 16 EA $825.00 $13,200.00 D9 Traffic Striping and Marking 1 LS $11,000.00 $11,000.00 TOTAL BID PART D $131,065.22
Bid Part E - North Grand Avenue (Sta. 13+17 to Main street) Type II Slurry and Replace ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
E1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 E2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 E3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 E4 Removal of Pavement Markers 1 LS $3,300.00 $3,300.00 E5
Grind & Remove full Asphalt Concrete Depth (2
1/2") 2727 SY $11.00 $29,997.00
E6
Install 2 1/2" 1/2" PG 64-28PM Asphaltic
Concrete, compact existing CL2 AB to 95% relative
compaction 435 TONS $176.00 $76,560.00
E7
Type II Slurry, including site preparations per the
guidelines set forth in the project specifications 23052 SY $2.42 $55,785.84 E8
Adjust existing Sewer Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 19 EA $1,540.00 $29,260.00 E9
Adjust existing Storm Manhole Frame & Cover to
finish grade per City Standard S-4, S-5 14 EA $1,540.00 $21,560.00 E10
Adjust existing Survey Monument Encasement to
finish grade per city M-1 5 EA $770.00 $3,850.00
E11
Adjust existing Water Valve frame & cover to
finish grade per City Standard W-7.1 29 EA $825.00 $23,925.00

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City of Porterville
Date Avenue, Orange Avenue, Lime Street, North Grand Avenue, Henderson Avenue E12 Traffic Striping and Marking 1 LS $16,500.00 $16,500.00 TOTAL BID PART E $326,737.84
Bid Part F - Henderson Avenue (Indiana St to Jaye St) Fog seal ITEM EST. UNIT TOTAL

NO ITEM QUANTITY UNIT PRICE PRICE
F1 Mobilization, Demobilization and Cleanup 1 LS $27,500.00 $27,500.00 F2
Dust Control & Project Site Maintenance Per
Specifications (Strictly Enforced) 1 LS $11,000.00 $11,000.00 F3
Furnish and implement Traffic Control Plan
(Maintaining Traffic) (Traffic Control) 1 LS $27,500.00 $27,500.00 F4 Removal of Pavement Markers 1 LS $2,530.00 $2,530.00 F5
Fog Seal, including site preparations per the
guidelines set forth in the project specifications 19221 SY $0.69 $13,214.44 F6 Traffic Striping and Marking 1 LS $12,650.00 $12,650.00 TOTAL BID PART F $94,394.44
Project Total Part A + Part B + Part C + Part D + Part E + Part F City Engineer
Engineering & Project Management Director
$877,513.40

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Item No. 6.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Distribute a Request for Proposals (RFP) for the Transit Center Renovation Project
SOURCE: Public Works
COMMENT: The City of Porterville Transit Center, located at 61 W. Oak Avenue, was constructed in 2003 and has not undergone any major renovations since its original construction. After more than 20 years of service, the facility has experienced visible wear and deterioration. Improvements are now necessary to maintain safety, enhance functionality, and improve the overall appearance of the facility for the public and staff.

The proposed renovation project will include:
• Interior and exterior painting
• Repair of exterior stucco
• Replacement of laminated flooring in designated areas These improvements are expected to enhance the customer experience, reduce ongoing maintenance needs, and extend the useful life of the facility.

To implement the project, staff has prepared a detailed Scope of Work and will issue a formal Request for Proposals (RFP) to solicit qualified contractors to perform the work.

The City intends to award the contract based on a best value approach, which considers both price and qualitative factors to ensure the most advantageous outcome. In addition to cost, the evaluation of proposals will include qualitative considerations such as:
• Experience with similar facility renovation projects
• Proposed project schedule and ability to meet timelines • Quality and durability of proposed materials and workmanship • Staffing plan and qualifications of proposed personnel • Approach to site management and minimizing disruption to Transit Center operations
Item No. 6.

This best-value evaluation methodology ensures that the selected proposer not only meets budgetary requirements, but also provides a high standard of work aligned with the City’s operational needs and long-term maintenance goals.

Funding for this project will be provided through the 2024-25 California State of Good Repair (SGR) Program, which will cover 80% of the total project cost, or $113,600. The remaining 20% local match, or $28,400, will be funded through Local Transportation Funds (LTF), which is identified in the approved Transportation Budget and Program of Projects.

Staff will return to the City Council with a recommendation for award to the proposer offering the most advantageous combination of price and qualitative considerations.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals (RFP) for the Transit Center Renovation
Project.

ATTACHMENTS: 1. Draft RFP
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. 24/25-SRXXXX

TRANSIT CENTER RENOVATION
April 1, 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.

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City of Porterville
Transit Center Renovation

CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 24/25-SRXXXX

TRANSIT CENTER RENOVATION
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 Transit Center Renovation. Proposals must be submitted through the Public Purchase website.

A mandatory site visit, April 17, 2025 at 10:00 am, IS 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:

April 8, 2025

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City of Porterville
Transit Center Renovation
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......................................40 Exhibit A – Required Forms....................................................................................................................65 Exhibit B – Sample General Services Agreement..................................................................................72

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City of Porterville
Transit Center Renovation
Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public April 8, 2025
Required Site Tour April 17, 2025 @ 10:00 am
Deadline to submit questions April 24, 2025
Proposal submittal deadline @ 2:00 pm PST May 8, 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 20, 2025
Contract Begins June 1, 2025
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website. Proposals must be submitted through the Public Purchase website.

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

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

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

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

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City of Porterville
Transit Center Renovation
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.

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City of Porterville
Transit Center Renovation
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.

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City of Porterville
Transit Center Renovation
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.

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City of Porterville
Transit Center Renovation
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

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City of Porterville
Transit Center Renovation
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, April 17, 2025 at 10:00 am, IS 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).

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.

Project Location:

City of Porterville Transit Center
61 W. Oak Ave
Porterville, CA 93257
Project Overview:

The City of Porterville Transit Center was constructed in 2003 and has not undergone any major renovations since its original construction. As a result, various components of the facility have experienced wear and deterioration over time. To enhance the customer experience, improve aesthetics, and preserve the structural integrity of the facility, the City is initiating a renovation project focused on essential repairs and upgrades.

This project is funded through the California State of Good Repair (SGR) Program and has an approved budget of $142,000. The renovation will include interior and exterior painting, stucco repairs, and replacement of laminated flooring throughout designated areas of the Transit Center.

Scope of Work (SOW)

1. Interior Painting:
• Prepare all interior wall, ceiling, door, and trim surfaces for painting, including patching holes, caulking, sanding, and cleaning as necessary. • Apply appropriate primer and two coats of high-quality, low-VOC interior paint. • Paint colors and finishes to be selected and approved by the City prior to application.

2. Exterior Painting:
• Pressure wash all exterior painted surfaces to remove dirt, mildew, and flaking paint.
• Prepare surfaces for painting, including sanding, patching, and minor repairs as needed.
• Apply exterior-grade primer and two coats of weather-resistant, UV-protected paint.
• Final paint colors and finishes to be approved by the City.

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3. Stucco Repairs:
• Inspect the facility’s exterior stucco for cracks, deterioration, or damaged areas. • Repair all identified damage using materials that match the existing stucco texture and finish.
• Ensure all patched areas are flush, sealed, and ready for painting.

4. Flooring Replacement:
• Remove and properly dispose of existing laminated flooring and associated baseboards in all identified areas.
• Prepare subfloor as needed to ensure a smooth and level installation surface. • Supply and install new commercial-grade laminated or vinyl plank flooring, selected for durability and ease of maintenance.
• Install new coordinating baseboards and transition strips as necessary.

General Requirements:
• Contractor shall be responsible for securing all necessary permits. • All work shall comply with applicable local, state, and federal building codes and regulations.
• Contractor shall maintain a clean, safe work environment throughout the duration of the project.
• Contractor shall coordinate work with City staff to minimize disruption to Transit Center operations.
• Work areas must be cleaned and cleared of debris daily. • All materials and workmanship shall be warrantied for a period specified in the contract agreement.

Deliverables:
• Project work schedule, including anticipated start and completion dates. • Product samples, color options, and finish selections for City review and approval. • Final inspection and punch list walkthrough with City staff.

Evaluation Criteria
Type Points
Relevant Experience 30
Project Schedule 20
Materials & Workmanship 20
Cost Proposal 30

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

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

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

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

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

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

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

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

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

AGENCY,

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

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

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

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

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

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

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

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

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

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

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

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A. Nondiscrimination in Federal Public Transportation Programs.

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

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

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

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

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

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

C. Equal Employment Opportunity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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28. PROHIBITED TELECOMMUNICATIONS & SURVEILLANCE SERVICES &

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

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

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

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

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

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

2. National Environmental Policy Act.

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

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

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

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

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

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

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

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

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

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

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

37. INTELLECTUAL PROPERTY/PATENT RIGHTS & RIGHTS IN DATA [These requirements apply to contracts for the performance of experimental, developmental, or research work.]
A. This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract.

Contractor shall grant the AGENCY intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S.

DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions: Except for its own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public.

This restriction on publication, however, does not apply to any contract with an

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academic institution. For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.

B. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes”: (1) any subject data developed under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright purchased by Contractor using federal assistance in whole or in part by the FTA. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.

C. Unless FTA determines otherwise, Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.

D. Unless prohibited by state law, upon request by the Federal Government, Contractor shall indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

E. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

F. Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by

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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.

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§ 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.

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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.

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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: _____________________________________________________________________

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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: _____________________________________________________________________

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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.

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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.

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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.

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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.

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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.

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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 XXXXX Project (Project); and B. On February 25, 2025, the City issued a Request for Proposals (RFP) for the XXXXXX (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. ______-2025 approved by the Porterville City Council on ____________, 2025.

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

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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

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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.

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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.

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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.

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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

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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,

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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.

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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. 24/25-SRXXXX
B. Contractor Proposal
C. Compensation
Item No. 7.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Amendment to Consultant Services Contract - Baseball Field Design Project
SOURCE: Engineering and Project Management
COMMENT: At its meeting on December 19, 2023, the City Council authorized the execution of a consultant agreement with QK, Inc. for the design of a new lighted baseball field on the southeast portion of the Sports Complex. Since then, the desire has been expressed to see an additional baseball field as well as the development of the Sports Complex as a regional destination. The Parks Master Plan defined a list of future projects for the Sports Complex and recommended that a master plan layout of the improvements be designed to help ensure the function and fluidity of said improvements. Staff reached out to QK, Inc. for a quote to amend their current contract designing the baseball field since they are actively under contract and intimately familiar with the area.

Staff is seeking an amendment to the QK, Inc. service agreement for the design of a second baseball field and the design of a master plan layout for the Sports Complex as defined by the Parks Master Plan. The cost of the additional design services for the second baseball field is $89,250 and the cost of the design of the master plan layout for the Sports Complex is $15,900 for a total amendment cost of $105,150. The funding available for the additional design work includes $89,250 from federal American Rescue Plan Act (ARPA) funds and $15,900 from Measure I.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management
Director to execute Addendum No. 1 to the QK, Inc Service Agreement at an agreed upon fee of $89,250 for the design of the second baseball field;

2. Authorize the Engineering & Project Management
Director to execute Addendum No. 2 to the QK, Inc Service Agreement at an agreed upon fee of $15,900 for the design of the Sports Complex master plan layout of the
improvements defined by the Parks Master Plan;
Item No. 7.

3. Authorize an appropriation of $89,250 from federal
American Rescue Plan Act (ARPA) funds;

4. Authorize an appropriation of $15,900 from Measure I; and

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462
NORTH 0 500'
SCALE: 1"=500' WEST ST.

W. SCRANTON AVE. SPORTS COMPLEX

PROPOSED AREA FOR

BASEBALL FIELDS
W. EDISON CT.

Item No. 8.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consent to Sublet - Lot No. 32C at the Porterville Municipal Airport SOURCE: Public Works
COMMENT: Michael Quatacker and Debbie Quatacker are the current leaseholders of Lot No. 32C at the Porterville Municipal Airport. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the City. Debbie Quatacker is therefore requesting approval to sublet their hangar on Lot No. 32C to Adryel Levis, for a two-year term, commencing on March 1, 2025 and expiring on February 28, 2027. The hangar will be utilized for the storage and maintenance of an aircraft.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie
Quatacker, to sublet airport hangar on Lot No. 32C at the Porterville Municipal Airport to Adryel Levis commencing on March 1, 2025 and expiring on February 28, 2027; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 32C on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Sublet

2. Letter of Request

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 32C

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 32C, hereby consents to the request dated March 10, 2025, made by the Lessee, Mike Quatacker and Debbie Quatacker, to sublet said airport hangar lot 32C to Adryel Levis, for a term of two-years, commencing on March 1, 2025 and expiring on February 28, 2027, for the storage and maintenance of aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 1
st day of April, 2025.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Greg Meister

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

BY: _________________________
Julia Lew, City Attorney

Item No. 9.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consent to Sublet - Lot No. 34E at the Porterville Municipal Airport SOURCE: Public Works
COMMENT: Michael Quatacker and Debbie Quatacker are the current leaseholders of Lot No. 34E at the Porterville Municipal Airport. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the City. Debbie Quatacker is therefore requesting approval to sublet their hangar on Lot No. 34E to Angel Leon and Lorena Leon, on a month-to-month tenancy, commencing on March 1, 2025. The hangar will be utilized for the construction and storage of an aircraft.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie
Quatacker, to sublet airport hangar on Lot No. 34E at the Porterville Municipal Airport to Angel and Lorena Leon, on a month-to-month tenancy, commencing on March 1, 2025;
and

2. Authorize the Mayor to sign the Lessor's Consent to
Sublet Airport Hangar Lot No. 34E on behalf of the City.

ATTACHMENTS: 1. Draft Lessor's Consent to Sublet

2. Letter of Request

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 34E

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 34E, hereby consents to the request dated March 10, 2025, made by the Lessee, Michael Quatacker and Debbie Quatacker, to sublet said airport hangar lot 34E to Angel Leon and Lorena Leon, on a month-to-month tenancy, commencing on March 1, 2025, for the storage and maintenance of aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 1
st day of April, 2025.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Greg Meister

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

BY: _________________________
Julia Lew, City Attorney

Item No. 10.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Parental Rights Month SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Blessings of Liberty has requested a proclamation to proclaim the month of April as "Parental Rights Month" in Porterville. Mayor Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim the month of April as "Parental Rights Month" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Parental Rights Month - Blessings of Liberty - 2025
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 11.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Frontline Worker Appreciation Month SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Frontline Impact Project, Lubetzky Family Foundation has requested a proclamation to proclaim the month of May as "Frontline Worker Appreciation Month" in Porterville. Council Member Rivas is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim the month of May as "Frontline Worker
Appreciation Month" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Frontline Worker Appreciation Month - Frontline Impact Project, Lubetzky Family
Foundation - 2025
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 12.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Easter Holiday Week - Blessings of Liberty SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Blessings of Liberty has requested a proclamation to proclaim "Easter Holiday Week" in Porterville. Mayor Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim "Easter Holiday Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Easter Holiday Week - Blessings of Liberty - 2025
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 13.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Holy Week - Church of Jesus Christ of Latter-Day Saints
SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Church of Jesus Christ of Latter-Day Saints has requested a proclamation to proclaim "Holy Week" in Porterville. Council Member Rivas is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim "Holy Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Holy Week - Church of Jesus Christ of Latter-Day Saints - 2025
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 14.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Easter Holiday Week - Porterville Church of Christ
SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Porterville Church of Christ has requested a proclamation to proclaim "Easter Holiday Week" in Porterville. Mayor Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim "Easter Holiday Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Easter Holiday Week - Porterville Church of Christ
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 15.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Holy Week - Porterville Church of God SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Porterville Church of God has requested a proclamation to proclaim "Holy Week" in Porterville. Mayor Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim "Holy Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Holy Week - Porterville Church of God
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 16.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Request for Proclamation - Easter Holy Week - Porterville Church of the Nazarene
SOURCE: Administrative Services
COMMENT: At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

Porterville Church of the Nazarene has requested a proclamation to proclaim "Easter Holy Week" in Porterville. Mayor Meister is sponsoring this Proclamation request. Because more than two members of the Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim "Easter Holy Week" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Easter Holy Week - Porterville Church of the Nazarene - 2025
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 17.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Revised Street Closures and Event Map - Porterville Chamber of Commerce - Spring Festival - April 5, 2025
SOURCE: Finance
COMMENT: On March 18, 2025, the City Council approved the request submitted by the Porterville Chamber of Commerce to hold the Porterville Chamber Spring Festival on Saturday, April 5, 2025, from 10:00 AM to 3:00 PM.

The request included the closure of Main Street from Morton Avenue to Putnam Avenue and the side streets along Main Street, as indicated on the attached map, from 6:00 AM to 5:00 PM and the closure of the sidewalks along Main Street, from Morton Avenue to Putnam Avenue, for the vendor booths. The Porterville Chamber of Commerce has submitted a revised request for street closures and an updated event map. The Porterville Chamber is seeking closure of the parking lot between East Harrison Avenue to East Thurman Avenue, located off of North 2nd Street.

The revised map has been routed according to the Ordinance regulations and reviewed by all City departments involved, and no other changes are proposed.

RECOMMENDATION: That the City Council approve the revised street closures and event map for the Porterville Chamber Spring Festival scheduled for Saturday, April 5, 2025.

ATTACHMENTS: 1. Staff Report - March 18, 2025

2. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, and
Certificate of Liability Insurance

3. Revised Street Closures and Event Map
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Item No. 17.

Final Approver: Jason Ridenour, Interim City Manager
Item No. 10.

CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival - April 5, 2025
SOURCE: Finance
COMMENT: The Porterville Chamber of Commerce is requesting approval to hold the Porterville Chamber Spring Festival on Saturday, April 5, 2025, from 10:00 AM to 3:00 PM. This year's festival will include food booths, vendor booths, a kids' zone, a taco eating contest, family entertainment, and a car show. The request includes the closure of Main Street from Morton Avenue to Putnam Avenue and the side streets along Main Street, as indicated on the attached map, from 6:00 AM to 5:00 PM and the closure of the sidewalks along Main Street, from Morton Avenue to Putnam Avenue, for the vendor booths. An outside amplifier permit has been approved from 10:00 AM to 3:00 PM.

The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Porterville Chamber of
Commerce to hold the Porterville Chamber Spring Festival event on April 5, 2025, subject to restrictions and
requirements contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Map, Outside Amplifier Permit, and
Certificate of Liability Insurance.

Appropriated/Funded:

Review By:

Item No. 10.

Department Director:

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

Item No. 18.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Community Civic Event - Children's Miracle Network - City Color Run/Walk - April 26, 2025
SOURCE: Finance
COMMENT: The Children's Miracle Network is requesting approval to hold the "City Color Run/Walk" event on Saturday, April 26, 2025, at Veterans Park, from 10:00 AM to 2:00 PM. The Children's Miracle Network is requesting the use of the perimeter around Veterans Park, walking trail and the sidewalks on West Morton Avenue, from North Prospect Street to North Newcomb Street, and North Newcomb Street, from West Morton Avenue to West Henderson Avenue, as outlined in the attached map.

The sponsor is also requesting Police and Fire volunteers for the event. This event will benefit the Children's Miracle Network. An outside amplifier permit has been approved from 10:00 AM to 2:00 PM.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City departments involved. All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Children's Miracle Network to hold the "City Color Run/Walk" event on Saturday, April 26, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, and
Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Item No. 18.

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

Item No. 19.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Community Civic Event - Parenting Network - Calling All Superheroes - April 30, 2025
SOURCE: Finance
COMMENT: The Parenting Network is requesting approval to hold the "Calling All Superheroes" event on Wednesday, April 30, 2025, at Zalud Park, from 3:00 PM to 5:30 PM. This is a child abuse awareness event and resource fair. This year's event will feature informational booths and a variety of child-friendly activities, including an obstacle course, bean bag toss, potato sack races, and a bounce house. An outdoor amplifier permit has been approved from 3:00 PM to 5:30 PM.

This request is made under the Community Civic Events Ordinance No.1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City departments involved. All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Parenting Network, to hold the "Calling All Superheroes" event on Wednesday, April 30, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, Exhibit A, Exhibit B, Map, Outside Amplifier Permit,
Certificate of Liability Insurance, and Flyer.

Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 19.

Item No. 20.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Parade and Sunday Fiesta - May 3 - 4, 2025
SOURCE: Finance
COMMENT: Comision Honorifica Mexicana Americana, Inc. (CHMA) is requesting approval of its Community Civic Event Application for a permit to hold the Annual Cinco de Mayo Celebration on May 3, 2024, and May 4, 2025. The celebration will include a parade down Main Street on Saturday, May 3, 2025, from 10:00 AM to 12:00 PM, as well as a fiesta at Veterans Park on Sunday, May 4, 2025, from 10:00 AM to 7:00 PM.

An outside amplifier permit has been approved from 12:00 PM to 7:00 PM, May 03, 2025, and May 04, 2025.

With regard to the parade, CHMA is requesting the closure of the following streets:

Main Street and Second Street - from Morton Avenue to Olive Avenue Morton Avenue - from Main Street to Second Street
Harrison Avenue - from Hockett Street to Second Street
Thurman, Cleveland, Putnam, Mill, Oak, and Garden Avenues - from Division Street to Second Street
Olive Avenue - from Hockett Street to B Street
This request is submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Comision Honorifica Mexicana Americana, Inc., to hold the Annual Cinco de Mayo
Celebration Parade and Fiesta on May 3 and 4, 2025,
subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C Item No. 20.
and Outside Amplifier Permit.

ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, Certificate of Liability Insurance, and Flyer.

Appropriated/Funded:

Review By:

Department Director:

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

Requirements for Community Civic Event
Comision Honorifica Mexicana Americana, Inc.

Annual Cinco de Mayo Celebration and Sunday Fiesta
May 3 & 4, 2025
City Engineer:

D. Cervantez
Community Development Director:

C. Calderon
Public Works Director:

M. Knight
Fire Marshal:

C. Dignam
Parks and Leisure Services Director:

D. Moore
Police Lieutenant:

M. Acevedo
Administrative Service Director:

Y. Andrade
Field Services Superintendent:

B. Spry
Field Services Superintendent - Streets:

J. Baeza
Please see Exhibit C.

May 3 - If electrical outlets are needed
contact City staff by May 1.-May 4
Non-event vehicles to park in
designated parking areas.

Please see Exhibit B.

The certificate of insurance and
endorsement page are sufficient for the
proposed events. All bounce house
participants or legal guardians (if
participant is a minor) must sign a waiver
of liability releasing the City from any and
all claims.

We will set out trash containers for the
parade.

The contact person will need to contact
streets in regards to the street closure.

Exhibit A, Page 1
Sponsor:

Event:

Event Chairman:

Location:

Date of Event:

RISK MANAGEMENT:

Requirements for Community Civic Event
Comision Honorifica Mexicana Americana, Inc.

Annual Cinco de Mayo Celebration and Sunday Fiesta
Roberto de la Rosa
Downtown Main St and Veterans Park
Parade May 3, 2025 (10am-12pm)
Fiesta May 4, 2025 (10am-7pm)
Conditions of Approval
That the Comision Honorifica Mexicana Americana Inc provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as 'Additional Insured' against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an 'admitted' insurer in the State of California.

Exhibit A, Page 2

CITY OF PORTERVILLE
Community Civic Event Application
CINCO DE MA YO PARADE/CELEBRATION Downtown
Main Street (May 3, 2025 / 10:00AM-12PM) Veteran's
Park (May 4, 2025 / 10:00AM-7:00PM)
Proposed Conditions/Requirements/Parade:
► City Council approval is required for all street closures. ► Ensure highly visible and adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas. ► Cinco de Mayo Planning Committee should meet with street vendors to coordinate rules regarding their activities, such as:
■ Staying off the parade route and crossing in front of floats or groups ■ Shall not sell silly string, snap caps or party poppers {pursuant to City Ordinance) ► Food vendors should be situated where they do not block the sidewalk. ► Food vendors should provide inspection certificates from the Tulare County Health Department to ensure safe food products.
► Throwing candy or any substances/objects from vehicles, floats, or any parade entry is prohibited. This results in children scampering to catch or find candy in a crowded environment, and causes others to run out into the street. This practice creates significant and unnecessary risk for parade goers. All registered parade entrants should be informed of this prohibition and efforts taken to cease this practice. ► At the conclusion of the event, all barricades shall be promptly removed and equipment shall be cleared so as to avoid interfering with vehicular or pedestrian travel. ► Event organizers shall contact Sergeant Maria Aguillon (Porterville Police Department) as soon as possible and well in advance to the event in order to coordinate parade route postings and necessary police involvement. Sergeant Aguillon can be contacted at 559- 782-7400.

Proposed Conditions/Requirements/Celebration:
► City Council approval is required for all street/sidewalk closures. ► Participants must not interfere with the normal flow of pedestrian/vehicular traffic. ► Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.

Exhibit B, Page 1

Item No. 21.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Community Civic Event - Pink Heals Tulare County Chapter and Rollin' Relics Car Club - Rollin' Relics Car Show - May 10, 2025 SOURCE: Finance
COMMENT: The Pink Heals Tulare County Chapter and Rollin' Relics Car Club are requesting approval to hold the 23rd Annual Rollin' Relics Car Show on Saturday, May 10, 2025, at Veterans Park, from 7:00 AM to 3:00 PM.

The Rollin' Relics Car Club is asking for the ability to park show cars and set up vendor booths on the grass area along Newcomb Street and Henderson Avenue within the park. This event will benefit Porterville youth activities and community projects. An outdoor amplifier permit has been approved from 9:00 AM to 3:00 PM.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City departments involved. All requirements and restrictions are listed on the attached Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Pink Heals Tulare County
Chapter and Rollin' Relics Car Club, to hold the "Rollin' Relics Car Show" event on Saturday, May 10, 2025, subject to the requirements and restrictions contained in the
Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.

ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, and
Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Item No. 21.

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

POLICY NUMBER: CVG1867-08 COMMERCIAL GENERAL LIABILITY
CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

City of Porterville
Event: Rollin' Relics Car Club Car Show Date: May 10, 2025 291 N. Main St
Porterville, CA 93257
Information reauired to complete this Schedule, if not shown above will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Item No. 22.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consideration of Authorization of Additional Funds for Main Street Project
SOURCE: Engineering and Project Management
COMMENT: On July 16, 2024, the City Council authorized the award of the construction contract for the Main Street Reconstruction Project, Phase 2A to MAC General Engineering Inc. The project includes the removal and replacement of asphalt, new barrier curb and gutter, detectable warnings, conduit for future fiber optic, and upgrading the existing irrigation and landscaping.

The City Standards for the planting of trees in public landscaping require a minimum 15-gallon-sized tree. Trees that meet the requirements of the City Standards typically range in height from 7 to 12 feet tall, depending on the varietal, but the caliper of the tree (the diameter of the tree trunk) is significantly smaller than a box version of the same varietal. With that in mind, project specifications accounted for replacing any trees removed during the project with 24" box trees, which are typically six to eight feet tall but with a much larger, more established caliper that would allow for the use of the tree trunks for seasonal decoration sooner. After the project began, concerns were raised regarding the trees outlined in the plan and additional options were provided to help ensure that the City's downtown aesthetic appears established and complete in the shortest time possible. The contractor has provided a quote to upgrade the replaced trees to 48" box trees, which would be approximately 8 to 12 feet tall with a larger caliper and fuller canopy than the 24" box tree.

The quote to increase the replaced trees to 48" box trees is $187,120.90. If approved, the City Council will need to appropriate Measure I funding to cover the quoted amount.

RECOMMENDATION: That the City Council:

1. Approve the upgrade of the trees to be replaced on Main Street from 24" box trees to 48" box trees; and

2. Appropriate Measure I funding in the amount of
$187,120.90 to cover the cost of the larger trees.

Item No. 22.

ATTACHMENTS: 1. Quote for Larger Trees
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
To: City Of Porterville Contact: Nathan Delk
Project Name: Main Street Reconstruction Project-Between Garden Ave And Putnam Bid Number: 2-243462 Porterville, CA 93257 UNITED STATES Fax: 559-781-6437
Address: 291 N. Main Street Phone: 559-791-7867
Project Location: Main Street Putnam To Garden, Porterville, CA Bid Date: 3/7/2025 Addendum #: 0
Item Description Estimated Quantity Unit Unit Price Total Price Upsize From 24 Inch To 48 Inch Box Trees 1.00 LS $177,120.90 $177,120.90 Demobilize And Remobilize Tree Subcontractor, Standby Time For 1.00 LS $10,000.00 $10,000.00 Equipment And Traffic Control
Total Bid Price: $187,120.90
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

MAC General Engineering Inc.

Authorized Signature:

Estimator: Marty Adams
(559) 310-6833
[email protected]
3/7/2025 9:51:45 AM Page 1 of 1
4055A E. Walnut Ave., Visalia, CA 93292 (559)733-1388 Fax (559)733-1311 3/7/25
MAC General Engineering Inc.
638 Industrial Dr.

Exeter, CA. 93221
Project: Porterville Main St. Reconstruction
RE: Added cost associated with changing 24” box trees to 48” box trees.

1. Listed below is the cost increase for changing trees from 24” to 48” box trees.

2. 48” trees, labor and equipment:
a. 61 ea. 48” Box Kieth Davies Chinese Pistache trees: $116,205 b. 720 man hrs @ $85/HR: $6,120 $61,200
c. 18 days equipment @ $250/day: $4,500
d. 18 days mini x rental: $8,100
e. Sub-total: $190,005

3. Per plans (bid and contract amounts):
a. 8 ea. 24” Box Crape Myrtle trees: ($1,426)
b. 6 ea. 24” Box Kieth Davies Chinese Pistache trees: ($1,380) c. 47 ea. 24” Box Swan Hill Fruitless Olive trees: ($18,918) d. 240 Man HRS @ $85/HR: ($20,400)
e. 6 days equipment @ $250/day ($1,500)
f. Subtotal: ($43,624)

4. Sub-total cost increase for changing to 48” box trees: $146,381

5. 15% 10% P/OH: $14,638

6. Total cost increase: $161,019
Notes/Exclusions:

1. Line item 23 also includes the cost of the root barriers and trees stakes which is a constant regardless of tree size. These costs were not shown in the above numbers.

2. Bonding not included.

3. This quote represents prevailing wage rates.

4. DIR# 1000018364

5. Prices valid for 30 days.

Best regards,
Matt Swanson
President
Item No. 23.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Hold a Public Hearing Regarding Proposed 2025 Public Transportation Service Changes
SOURCE: Public Works
COMMENT: In anticipation of a significant reduction in federal and state transit funding allocations, staff recommend that the City Council authorize the scheduling of a public hearing to receive community input on proposed public transportation service changes for implementation in 2025. The proposed public hearing is to be held on May 6, 2025, at 6:30 p.m. in the City Council Chambers.

The City is projecting a reduction in funding of approximately $1.2 million, driven primarily by anticipated reductions in the Federal Transit Administration (FTA) Section 5307 funding for small urban transit agencies and a decrease in Local Transportation Fund (LTF) allocations. It is important to emphasize that this reduction in funding is not the result of any local budgetary issues but rather a direct consequence of external funding reductions beyond the City’s control.

As a result, staff has undertaken a careful evaluation of existing transit services and has identified cost-saving measures while continuing to meet the essential mobility needs of the community. To support this effort, staff analyzed performance across all transit modes—Fixed Route, Dial-A-COLT, and transPORT—and identified opportunities to reduce expenses while minimizing impacts to riders.

The City is currently in the process of developing a Short Range Transit Plan (SRTP), which provides a comprehensive assessment of the City’s public transit system and outlines service, operational, and capital recommendations for the next five years. Preliminary findings from the SRTP have identified potential service reductions as a key strategy to align service levels with projected funding availability.

While staff would typically defer significant service changes until the SRTP is finalized, the timing of the funding reductions necessitates consideration of preliminary adjustments to maintain core services and mitigate financial impacts due to the expedected reduction in funding.

The proposed service changes presented herein are being brought forward in advance of the plan’s final release to allow for timely Item No. 23.
implementation and responsible fiscal planning.

Based on current ridership productivity, Route 4 and Route 6 have been identified for potential modification or elimination. These routes are significantly underperforming compared to other fixed routes, with Route 4 averaging 11.75 passengers per hour and Route 6 averaging 10.62 passengers per hour, while Routes 1, 2, 3, and 5 each average approximately 20 passengers per hour. The annual operating expense for each route is approximately $792,972. Should the Council consider eliminating Routes 4 and 6, the potential cost savings would be approximately $1.6 million annually.

In addition to fixed-route performance, staff reviewed the cost-efficiency of the City’s microtransit service, branded as transPORT. TransPORT offers a convenient, door-to-door, app-based experience that exceeds minimum FTA requirements, but it is the most expensive service to operate. According to the City’s FY 2024-25 Transit Service Key Performance Indicators (KPIs), the average cost per passenger for transPORT is $94.90, and the total annual cost to operate the service is approximately $1.2 million. For comparison, the average cost per passenger on Fixed Route service is $13.40, and $54.70 for Dial-ACOLT, which is the City’s federally required ADA paratransit service.

TransPORT is not a federally mandated service and is considered an above-and-beyond offering. Service modifications to transPORT as a potential cost-saving measure, either in lieu of or in conjunction with changes to fixed-route service, will also need to be evaluated.

As part of the public hearing process, staff will present the following service modification options for consideration:

1. Eliminating both Route 4 and Route 6 and transitioning affected riders to the City’s existing on-demand transit service, transPORT. Sufficient capacity within the transPORT system is available to accommodate the projected increase in demand. However, it should be noted that transPORT is not a federally mandated service and is currently the most expensive to operate, based on FY 2024-25 KPIs. Should the Council consider eliminating Routes 4 and 6, the potential cost savings would be approximately $1.6 million annually.

2. Consolidating Route 4 and Route 6 into a single combined route, operating with 80-minute headways. This approach would reduce operational costs while preserving some level of fixed-route coverage in affected areas.

3. Modifying Route 4 to operate only during peak school schedule times and Saturday swap meet hours, focusing service during periods of highest demand and eliminating off-peak service.

4. Evaluating potential modifications or scale-backs to the transPORT Item No. 23.
service, such as limiting service hours, reducing vehicle supply, or adjusting service areas. While these cost-control strategies could reduce operating expenses, the potential savings would not be sufficient to fully address the projected funding reduction. As such, transPORT modifications may need to be considered in tandem with fixed-route changes to achieve a sustainable solution.

In alignment with the City's strategic goals, the Transportation Department remains committed to performance-based budgeting practices to ensure long-term sustainability and service delivery. This approach prioritizes cost-effective investments and resource allocation decisions that deliver the highest value to the community, while maintaining fiscal responsibility and service equity across all transit modes.

The purpose of the public hearing is to present options to the community, gather feedback, and incorporate public input into the final service change recommendations. Following the public hearing, staff will return to the City Council with a summary of community feedback and a recommended course of action. The City strives to provide transparency, accessibility, and equitable service considerations throughout the process.

RECOMMENDATION: That the City Council:

1. Direct the City Clerk to schedule and notice a Public Hearing for May 6, 2025, at 6:30 p.m. in the City Council Chambers regarding proposed changes to public
transportation services; and

2. Direct staff to send out notices to stakeholders in
accordance with all applicable regulatory requirements to ensure meaningful public participation in the process.

ATTACHMENTS: 1. 2024-25 Transit Service KPIs
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Porterville Transit
Fixed Route – Key Performance Indicators (KPI)
FY 2024-25
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 24/25 Monthly Ridership
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6 Total
-

5.00 10.00

15.00 20.00

25.00 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 24/25 Passengers per Hour (PPH)
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6 KPI
$-
$5.00
$10.00
$15.00
$20.00
$25.00
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6
24/25 COST PER PASSENGER (COP)
Porterville Transit
Dial-A-COLT – Key Performance Indicators (KPI)
FY 2024-25
15,184
14,078
13,168
11,090 10,812
10,065 9,726
10,480
13,001 13,112
9,558
5,387 5,387 5,070
3,665
4,890
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Dial-A-COLT Annual Ridership
402
469
524
657
618 619
785 816
0 100
200
300
400
500
600
700
800
900
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Dial-A-COLT
FY 2024-2025 Monthly Ridership
$78.97
$67.69
$60.59
$48.32 $51.37 $51.29
$40.44 $38.91
$-
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
$80.00
$90.00
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Dial-A-COLT
24/25 COST PER PASSENGER (COP)
Porterville Transit
transPORT – Key Performance Indicators (KPI)
FY 2024-25
1,965
27,930
31,577
38,581
42,267
15,221
2019/20 2020/21 2021/22 2022/23 2023/24 2024/25
transPORT
Annual Ridership
2,106 2,037
1,794
1,984
1,853 1,853 1,842 1,752
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 transPORT
FY 2025-25 Monthly Ridership
$85.42 $88.32
$100.28
$90.68
$97.09 $97.09 $97.67 $102.69
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 transPORT
24/25 COST PER PASSENGER (COP)
Item No. 24.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Approval of Measure R Program Supplement to Cooperative Agreement - Trail Maintenance
SOURCE: Engineering and Project Management
COMMENT: The City of Porterville is collaborating with the Tulare County Association of Governments (TCAG) regarding the establishment of a three-year trail maintenance pilot project to be funded by Measure R.

TCAG, acting as the Local Transportation Authority, has requested that the City approve and submit a Supplemental Agreement (SA) for the maintenance and security direct costs as incorporated into the Measure R Expenditure Plan with Amendment 5, effective October 1, 2020, under Transit/Bikes/Environmental Mitigation (Air Quality) Program. The amount reimbursed shall not exceed $450,000 for the term of the project/program (3 years).

The Authority requires the processing of a SA for each project for the purpose of reimbursing up to one hundred percent (100%) of the costs incurred in the three-year term beginning in Fiscal Years 2024/2025 related to the maintenance of the City’s Bike and Pedestrian Trails ($150,000 per year). A Supplemental Agreement, Resolution, and Exhibit 'A' must be received by the Authority before the City can seek reimbursement. Exhibit 'A' provides the project title, project scope, and estimate of probable cost.

RECOMMENDATION: That the City Council:

1. Approve the attached Resolutions in support of the
Program Supplements to the Cooperative Agreement;

2. Authorize the Mayor and City Clerk to execute the
Program Supplements; and

3. Authorize the City Clerk to forward the executed Program Supplements to TCAG for approval.

ATTACHMENTS: 1. Draft Resolution and Supplemental Agreement - Trail Maintenance

2. Resolution No. 55-2020
Item No. 24.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION NO. - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE

MAINTENANCE AND SECURITY FOR CITY BIKE AND PEDESTRIAN TRAIL

MAINTENANCE PROGRAM
WHEREAS, the City of Porterville is eligible to receive up to 100% reimbursement for the maintenance and security direct costs as incorporated into the Measure R Expenditure Plan with Amendment 5, effective October 1, 2020, under Transit/Bikes/Environmental Mitigation (Air Quality) Program and shall not exceed the amount of $450,000 for the term of the project (3 years); and WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for costs incurred in the three-year term beginning in Fiscal Years 2025/2026 related to the maintenance and security of the City’s Bike and Pedestrian Trails;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Maintenance and Security Program for Bike and Pedestrian Trails and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 1st day of April, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
(updated 8-19-2020)

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
This Program Supplement (Program Supplement) is made and entered into on ________________, by and between the City of Porterville (SPONSOR) and the Tulare County Association of Governments, acting as the Local Transportation Authority (AUTHORITY).

This Program Supplement herby incorporates the “Measure R Cooperative Agreement” for Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on May 29, 2007 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority of Resolution No. _______________, dated April 1, 2025.

This program Supplement is sought for Maintenance and Security direct costs as incorporated into the Measure R Expenditure Plan with Amendment 5, effective October 1, 2020, under Transit/Bikes/Environmental Mitigation (Air Quality) Program and shall not exceed the amount of $450,000 for the term of the project as included in Attachment A. Direct costs for Maintenance and Security as it relates to the Measure R Air Quality Program shall be financially accounted for separately from all other MR direct costs and presented as backup with each invoice. Each expense invoice for direct costs shall have the project listed. The SPONSOR shall provide a year-end report to the AUTHORITY on the progress of the project.

Covenants of SPONSOR

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

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

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

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

1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of Project(s) activity along with target billing date and target billing amount. (updated 8-19-2020)
Authority Agreement No.__________________________
IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

COUNTY OF TULARE TRANSPORTATION AUTHORITY
By: _____________________________________
Attest:__________________________
Authority Executive Director Authority Finance Director City of Porterville
By:______________________________________
Greg Meister, Mayor
By:______________________________________
Jason Ridenour, City Clerk
(updated 8-19-2020)
EXHIBIT “A”
Bike and Pedestrian (Trail) Maintenance Program
Project Scope
Maintenance and Security of the Bike and Pedestrian Trails within the City of Porterville.

Project Costs
Project Tasks Engineer’s Estimate
Annual Maintenance Costs $150,000.00
Number of Years 3 Years
Total Maintenance Costs for
Term of Agreement
$450,000.00
Current Funding Sources
Measure ‘R’ $450,000.00
Total Funding Available $450,000.00
Project Schedule
Project Term Date
Year 1 FY 2025/2026
Year 2 FY 2026/2027
Year 3 FY 2027/2028

Item No. 25.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on March 18, 2025, the Council reviewed and acted to renew the emergency declaration. Staff continues to work with FEMA for resolution of the City's claims and will continue to work to identify a timeline and critical path forward.

Chronology:

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

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville. On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue Item No. 25.
(Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

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

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

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

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits.

On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, Item No. 25.
2023 to May 5, 2023.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g. Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening.

Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month.

However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached Item No. 25.
daily census).

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

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

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

Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.

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

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

At its meeting on April 4, 2023, the Council approved Resolution No. 15- 2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Item No. 25.

Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider. TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).

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

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

2. Resolution No. 11-2023

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

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

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Governor Newsom Executive Order N-10-23

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

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

10. City and County Memorandum of Understanding for
Shelter Support

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

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

13. Federal Disaster Declaration Notice - July 14, 2023

14. Resolution No. 15-2023

15. Rescue Source & Rescue 3 Invoice: Water Rescue
Item No. 25.

Equipment

16. Royal Restrooms Invoice: Mobile Shower-Restroom
Units

17. Rain for Rent Pump Invoice

18. Mike Clark Trucking Invoice

19. TopKnotch Security, Inc. Agreement

20. Good Guard Security, Inc. Agreement

21. Municipal Code Chapter 9 - Civil Defense and
Disaster

22. California Government Code 8558

23. Armory Census
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Secretary of State

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXECUTIVE DEPARTMENT

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

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

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

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

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

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

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

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

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

Subtotal:

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

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

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

JESSE PINTOR
REMIT PAYMENTS TO:

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

CITY OF PORTERVILLE

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

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

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

PHONE PHONE
Notes:

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

DAYS PRICE AMOUNT TAXABLE
BILLED

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

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

TOTAL SALES:

TOTAL SERVICES:

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

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

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

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

Email:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of California

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

Item No. 26.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consideration of Appointment to the Arts Commission SOURCE: Administrative Services
COMMENT: The City's Arts Commission consists of five members plus one youth member, representing various areas of the arts, including theatrical/performing arts, visual graphics, music, and youth. Members serve staggered three-year terms, with the exception of the youth member, who serves a one-year term.

Currently, there are two vacancies on the Arts Commission: two regular seats with terms expiring in July 2026. A request for reappointment has been received from Ms. Yesenia Ascencio, and the request is attached for the City Council’s consideration.

On March 10, 2025, Commissioner Emilie Dummar informed staff that she could no longer serve on the commission, creating one of the two vacancies.

Staff will continue to advertise and solicit applications from interested individuals to fill the remaining vacancy.

RECOMMENDATION: That the City Council consider the appointment of Yesenia Ascencio to the City's Arts Commission, and direct staff to continue to solicit individuals to serve.

ATTACHMENTS: 1. Request for Appointment - Yesenia Ascencio Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 27.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consideration of Appointments to the Downtown Porterville Committee SOURCE: Administrative Services
COMMENT: At its meeting on February 4, 2025, the City Council adopted Resolution No. 15-2025, establishing the Downtown Porterville Committee. This committee serves in an advisory capacity, making recommendations to the City Council regarding policies, goals, and objectives for the Downtown Porterville area. The committee consists of seven members, including two City Council members and five public members.

Resolution No. 15-2025 outlines that the public membership is to be comprised of Downtown business owners and the Porterville Chamber of Commerce. To be eligible for appointment, individuals must own a business located within the City of Porterville, specifically in the Downtown Porterville area, or represent the Porterville Chamber of Commerce.

There are currently five vacancies on the committee. Staff has received nine requests for appointments. Staff has reviewed each request for appointment and determined that eight applicants met the membership criteria outlined in Resolution No. 15-2025. The requests for appointments that meet the established criteria are provided herein for the City Council’s consideration:
• Larisa Fry
• David Horowitz
• Kristy Martin
• Ted Penic
• Catie Adams-Puett
• Taha Saleh
• Robert Taylor
• Sam Zenz
Additionally, a request for appointment application was received from Ms. Dawn Bennett. However, after review, it has been determined that Ms. Bennett does not meet the eligibility requirements established by the Council, as the business included in the application is within the City limits but outside the Downtown Porterville area.

Item No. 27.

RECOMMENDATION: That the City Council consider the appointments to the Downtown Porterville Committee.

ATTACHMENTS: 1. Resolution No. 15-2025

2. Request for Appointment - Larisa Fry

3. Request for Appointment - David Horowitz

4. Request for Appointment - Kristy Martin

5. Request for Appointment - Ted Penic

6. Request for Appointment - Catie Adams-Puett

7. Request for Appointment - Taha Saleh

8. Request for Appointment - Robert Taylor

9. Request for Appointment - Sam Zenz

10. Request for Appointment - Dawn Bennett
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 28.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Nomination of Representative to Tulare County California Identification System (CAL-ID) and Remote Access Board (RAN Board)
SOURCE: City Manager's Office
COMMENT: There is currently a vacancy for a city Mayor member of the Tulare County California Identification System (CAL-ID) and Remote Access Board (RAN Board). The position must be filled by a Mayor from a Tulare County city. This position was vacated by former Mayor Martha A. Flores at the end of her term as the Mayor of the City of Porterville.

The Cal-ID/RAN Board was established on April 17, 1989, pursuant to California Penal Code Section 11112.4. The purpose of the Board is to oversee the implementation and operation of the CAL-ID system in Tulare County. The responsibilities of the Board include the placement of RAN equipment within the county, coordination of acceptance, delivery, and installation of RAN equipment, and developing policies and procedures regulating the ongoing use of RAN equipment. The Board meets at a minimum once per year on the last Thursday of September, but may schedule additional meetings throughout the year as deemed necessary by the Board. This appointment will be made by the City Selection Committee at its next meeting, scheduled for April 21, 2025.

The City Council has been asked to nominate its preferred candidate for consideration by the City Selection Committee.

RECOMMENDATION: That the City Council select a preferred candidate to nominate for appointment by the City Selection Committee as the City Mayor Member to the County of Tulare CALID/RAN Board.

ATTACHMENTS: 1. RAN Board Bylaws
Appropriated/Funded:

Review By:

Department Director:

Final Approver: Jason Ridenour, Interim City Manager
Item No. 28.

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws
I. NAME
The name of this Board shall be the Cal-ID/RAN Board.

II. PURPOSE AND RESPONSIBILITIES
These by-laws govern the functions and duties, as well as the conduct of all meetings of the Cal-ID/RAN Board.

The purpose of the Tulare County CAL-ID/ RAN Board is to oversee the implementation and operation of the CAL-ID System in Tulare County.

The responsibilities of the Task Force shall include:

1. The placement of RAN equipment within the county or counties, which shall consider:
a. The crime rate of the jurisdiction or jurisdictions served by the agency. b. The number of criminal offenses reported by the agency or agencies to the department.
c. The potential number of fingerprint cards and latent fingerprints processed. d. The number of sworn personnel of the agency or agencies.

2. Coordination acceptance, delivery, and installation of RAN equipment.

3. Developing policies and procedures regulating ongoing use of RAN equipment III. DEFINITIONS

1. “California Identification System” or “Cal-ID” is the automated system maintained by the California Department of Justice for retaining fingerprint files and identifying latent fingerprints.

2. “Remote Access Network” or “RAN” is a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the California Identification System.

3. “Full Use Access Agency” (FUAA) will mean the Tulare County Sheriff’s Office.

4. “Local Input Terminal” or “LIT” is a workstation where ten print and latent fingerprint inquiries and verifications can be processed.

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws

5. “Participating Agency” is a local law enforcement agency contributing to the ongoing operational costs of operating the Tulare County Cal-ID System. Current participating agencies are:
• City of Visalia
• City of Farmersville
• City of Exeter
• City of Tulare
• City of Porterville
• City of Dinuba
• Unincorporated areas – Tulare County Sherriff’s Office IV. AUTHORITY
The Tulare County California Identification System, (Cal-ID) and Remote Access Network Board (RAN Board) was established April 17, 1989 pursuant to California Penal Code Section 11112.4.

V. MEMBERS AND REPRESENTATIVES
Pursuant to California Penal Code Section 11112.4, the Tulare County Cal-ID/RAN Board shall be comprised of the following members:

1. A member of the board of supervisors.

2. The sheriff of the Cal-ID member department having the largest number of sworn personnel within the county.

3. The district attorney of the Cal-ID member department having the largest number of sworn personnel within the county.

4. The chief of police of the Cal-ID member department having the largest number of sworn personnel within the county

5. A second chief selected by all other police chiefs within the county

6. A mayor elected by the city selection committee established pursuant to Section 50270 of the Government Code

7. A member-at-large chosen by the other members.

Members shall select a designated representative/s to vote on their behalf at board meetings in the members’ absences. Members shall inform the Chairperson / Administrator a minimum of seven (7) days

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws
prior to any board meeting of a planned absence, and the designated representative attending to vote on their behalf.

In the event of an unplanned absence, the member shall notify the Chairperson / Administrator within seven (7) days following the meeting a confirmation that the designated representative attending on their behalf had the authorization to do so.

If the members are not able to attend and designate an attendee for the meeting, a proxy designation form shall be completed. Any member sending a delegate shall be responsible for ensuring the delegate completes all forms pursuant to California Code of Regulations Section 18722. (Appendix A- Proxy Form)
VI. MEETINGS
All meetings of the Cal/RAN Board shall be scheduled, called, noticed, and conducted in accordance with the provisions of the Ralph M. Brown Act (Brown Act) (commencing with Section 54950 of the Government Code). In matters of parliamentary procedures not covered in the Brown Act or these bylaws, the latest edition of Robert’s Rules of Order shall prevail.

The Cal/RAN Board shall meet at least once per year on the last Thursday of September but may develop a schedule of additional meetings as deemed necessary by the Board.

Cancellation of meetings shall be in writing if sufficient time is available to notify the members. Should the meeting be cancelled within five (5) days of the scheduled meeting date, an Agency staff member shall telephone each member and advise him/her of the cancellation.

A written agenda stating the date and hour of each meeting, as well as meeting materials, shall be emailed to each Cal/RAN Board member not less than five days before each meeting, and be made available to members of the public attending the meeting.

Special meetings may be called for any purpose at any time by the Chairman or a majority of the members. Notice of the time and place of the meeting must meet the requirements of the Brown Act The Cal/RAN Board shall hold meetings at such place in the County of Tulare, as may be designated in the notice of meeting.

Quorum and Vote. Each member shall be entitled to one vote on each matter submitted to a vote of the Cal/RAN Board. A majority of Board members shall constitute a quorum. Actionable items are decided by majority vote. A majority is defined as a majority of the filled member positions.

Adjournment. A majority of the members present, whether or not a quorum is present, may adjourn any meeting.

VII. POLICIES

1. All participating agencies shall abide by all State and Federal statutes, as well as all policies and ordinances adopted by County of Tulare or the Cal-ID/RAN Board

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws
concerning the security, privacy and dissemination of any, and all fingerprint identification data contained in Cal-ID/RAN Board.

2. Operational policies shall be established and modified as deemed appropriate by the CalID/RAN Board.

3. Any dispute between participating agencies over operational policies established by the Cal-ID/RAN Board shall be resolved by the Board.

4. The Board may establish by official action a Technical Advisory Committee to assist the Board in carrying out its duties, in accordance with the Ralph M. Brown Act. A committee member must be an employee of a participating agency in the CAL-ID system.

5. The FUAA management will maintain a separate accountability for the purposes of funding Cal-ID and shall provide a financial report, to the Cal-ID/RAN Board, after the close of each fiscal year.

6. The FUAA management will prepare an annual forecasted budget for the following fiscal year and present it to the Cal-ID/RAN Board for approval.

7. The Cal-ID/RAN Board shall adopt additional policies, as necessary, to insure the continued efficient operation of the system.

VIII. Equipment

1. Upon approval by the Tulare County Cal-ID/RAN Board, the purchase and maintenance of the equipment will be funded with Cal-Id Trust Funds collected from shared costs, and fines and penalties assessed on criminal offenses, or Sheriff’s Fingerprint ID Trust Funds collected pursuant to California Vehicle Code 9250.19 at no additional cost to the LIT (Local Input Terminal) host agencies. Current LIT host agencies are:
• Tulare County Sheriff’s Office
• Visalia Police Department

2. The LIT located at the Tulare County Sheriff’s Office will serve all participating agencies within the Cal-ID/RAN Board Region, Tulare County, that do not have a LIT.

3. The Tulare County Sheriff’s Office will provide latent print comparison services for those participating agencies without a Latent Print Examiner, excluding LIT Agencies.

This service will be available Monday through Friday during business hours.

4. LIT host agencies will provide adequate power, air conditioning, and space to insure a suitable working environment for the equipment and personnel operating the LIT (Local Input Terminal).

5. Approved Cal-ID/RAN Board expenditures will be subject to approval by the Tulare County Board of Supervisors in accordance with County ordinances and procedures.

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws
IX. Management

1. The Tulare County Cal-ID/RAN Board shall elect by majority vote a Chairperson / Administrator who will preside at the meetings and is by vote authorized to act on behalf of the Cal-ID/RAN Board. The vote will occur every four years at the annual CALID/RAN Board meeting or as needed to fill the position due to change of employment or employment status. The Chairperson / Administrator will be a member employed by the FUAA. The Chairperson / Administrator will serve a term of Four (4) years, with no limit on consecutive terms. If at any time the Chairperson / Administrator shall no longer be employed by the FUAA a special meeting of the RAN board will be held, within 6 months, with the purpose of electing a new Chairperson / Administrator.

2. The RAN Board Chairperson / Administrator will appoint a Cal-ID Program Manager.

The Cal-ID Program Manager will be an employee of the FUAA. The Cal-ID Program Manager shall chair a Cal-ID Advisory Committee. Additional membership shall consist of:
a. The Latent LIT Manager or designee from the Tulare County Sheriff’s Department.
b. The LIT Manager or designee from the Visalia Police Department. c. A LIT Manager or designee from a LIT host agency other than the Tulare County Sheriff’s Department or Visalia Police Department.
d. Others as deemed appropriate.

3. The CAL-ID/RAN Board of the Tulare County Regional FUAA will be organized as follows: Cal-ID/RAN Board; Cal-ID Director – Tulare County Sheriff’s Department; Cal-ID Program Manager – Tulare County Sheriff’s Department Crime Lab.

4. Terminals, computer systems, and any other equipment that have access to Cal-ID/RAN, either directly or indirectly, will be under the management control of the FUAA.

X. Joint Powers Agreement

1. Upon adoption by all participating agencies, the “Joint Powers Agreement for the Implementation of the CAL-ID System in Tulare County” “shall be incorporated into the Cal-ID/RAN Board By-Laws.

XI. Term of RAN Board

1. The Cal-ID/RAN Board shall remain in place as long as the CAL-ID system is operational in Tulare County.

COUNTY OF TULARE
CAL-ID / RAN BOARD By-laws

APPENDIX A

VOTING PROXY FORM
The following Alternate is authorized to vote on my behalf at the designated meeting of the Tulare County CAL-ID/RAN Board.

Voting Alternate:

Date of meeting:

This Voting Alternate was approved by the member whose signature appears below.

This Voting Alternate will be the voting delegate for the meeting date listed above.

The Board member authorized to fill out this form:

Signature:

Print Name:

Position:

Date:

Filing Voting Proxy:

1. Board Member may submit their voting proxy form by sending the form, in advance of the board meeting your delegate will attend, to the CAL-ID/ RAN Chairperson / Administrator.

Item No. 29.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Authorization to Purchase a "Happy Easter" Banner for Main Street SOURCE: Parks and Leisure Services
COMMENT: At its meeting on March 18, 2025, the City Council approved Vice Mayor McKervey’s request for an item to be added to the April 1, 2025, agenda to consider purchasing a "Happy Easter" banner for Main Street. The City of Porterville utilizes the banner poles on Main Street, donated by the Porterville Exchange Club, at the corner of Main Street and Cleveland Avenue to advertise events, seasons, and/or programs that are held in Porterville. On August 20, 2024, the City Council approved a policy on the Exhibition of Federal, State, and City Flags, and Banners from City Buildings and Facilities - All Occasions. The City may, at its discretion, issue a banner permit to an individual or entity, granting permission to temporarily occupy the designated banner location for the purpose of providing notice to residents and visitors about City-sponsored or Cityfunded special events open to the public, and that are limited to noncommercial, non-political and of a non-religious nature. Banners on City property/poles must be approved, scheduled and coordinated by the City.

On December 3, 2024, City Council authorized the purchase and installation of a "Merry Christmas" banner for Main Street to be displayed during the holiday season. The approximate cost of a banner is $1,300.

The estimated production time of the banner is seven (7) business days.

The production timeframe should enable the banner to be displayed the week of Easter. City staff would design the banner to be very similar to that of the "Merry Christmas" banner. Funds are available in the Community Promotion budget should the City Council approve this purchase.

RECOMMENDATION: That the City Council approve the purchase of a "Happy Easter" banner for Main Street, to be paid out of the
Community Promotion budget.

ATTACHMENTS:

Item No. 29.

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager
Item No. 30.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consideration of Airport Lease Agreement – Lot No. 9 SOURCE: Public Works
COMMENT: At its meeting on March 18, 2025, the City Council approved Vice Mayor McKervey's request for an item to be added to the April 1, 2025, agenda to consider Arrow Falcon Exporters, Inc. request to renew their lease of Lot No. 9 at the Porterville Municipal Airport with requested changes.

Arrow Falcon Exporters, Inc. is the current leaseholder of Lot No. 9 at the Porterville Municipal Airport. The parcel consists of approximately 22,500 square feet and includes an existing aircraft hangar utilized for various aviation-related purposes, including parking, tie-downs, storage, service, repair, maintenance, fueling, aircraft rental, flight instruction, and other commercial activity reasonably related to the aviation industry.

The previous lease agreement expired on September 30, 2024, and the tenancy has continued on a month-to-month basis.

On February 21, 2025, Arrow Falcon Exporters, Inc. submitted a formal request to renew the lease for a ten (10) year term, beginning March 1, 2025, and expiring February 28, 2035. The proposed lease agreement includes an annual rent of $3,915.00, based on $0.174 per square foot, with annual adjustments to be made in accordance with changes to the Consumer Price Index (CPI) starting January 1, 2026.

The City Council previously approved the lease agreement with Arrow Falcon Exporters, Inc. at its meeting on March 4, 2025. However, on March 10, 2025, the City received a letter from the lessee’s legal counsel formally revoking the lessee’s signature due to concerns regarding the inclusion of Section 2 "Term" in the lease agreement.

Section 2, "Term" of the Arrow Falcon lease agreement presented to City Council on March 4, 2025, reads as follows: "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 Item No. 30.
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 determination of the value of the improvements."
Porterville City Charter Section 68, Leases Of City Property, states the following:
"In every lease of city property the basic amount of rental shall be fixed by the council. All indentures of lease shall provide that the council may terminate the same 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.

In the event of their failure to agree upon the market value of the improvements within thirty days from and after their appointment, said two appraisers may appoint a third appraiser as a member of said board, and the determination of the majority of said board of appraisers, as to the market value of the improvements, shall be final and conclusive and binding on all concerned. Should the two appraisers appointed by the council and the lessee respectively, fail for forty days from and after their appointment to agree upon the market value of the improvements or to appoint a third appraiser, then upon the petition in writing of either party to any such lease, a judge of the superior court of Tulare County is hereby empowered to appoint the third appraiser upon such board; provided, however, that the council shall not terminate any such lease or repossess any such premises except for a public use and purpose; provided, further, that no lease of city property shall be made for a maximum term of more than fifty years. (4-2-1963; 4-6-1971) Amendment note - The second paragraph of § 68 was amended April 6, 1971, by substituting "maximum term" in lieu of "term" in the last proviso clause."
The lease agreement with Arrow Falcon Exporters, Inc. approved on March 4, 2025, and a draft lease with the language from the City Charter Section 68 removed is attached for the City Council's consideration.

RECOMMENDATION: That the City Council review the information provided and provide direction as appropriate, including consideration of the following actions:

1. Consider waiving the applicability of the conditions outlined in Porterville Charter Section 68 specific to this Item No. 30.
lease renewal;

2. Consider approving the Updated Draft 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, commencing March 1, 2025, and
expiring February 28, 2035, at an annual rate of $3,915.00 with annual CPI adjustments; and

3. Authorize the Mayor to execute the Lease Agreement on behalf of the City, subject to final review and approval by the City Attorney.

ATTACHMENTS: 1. Staff Report - March 10, 2025

2. Letter of Request

3. Locator Map

4. Original Draft Lease Agreement

5. 2025.03.10 Letter to City of Porterville regarding
Revocation of Signaturet to Lease (stamped received)

6. Updated Draft Lease Agreement with Section 2
Modified
Appropriated/Funded:

Review By:

Department Director:

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

1111
I
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
KRAS~
BAIL~Y
_R~~D-KRAS~ LLP
Allan Bailey I Alexander Reed-Krase I Robert Krase (1947-2022) March 10, 2025
City of Porterville
Attn: Airport
291 N. Main Street
Porterville, CA 93257
M/1,R 1 !)
Allan Bailey I Attorney at Law
132 East Morton Avenue
Porterville, California 93257
Phone: 559.784.2353
Fax: 559.784.2463
[email protected]

VIA HAND DELIVERY
Re: Revocation of Signature to Lease Agreement- Porterville Municipal AirportLot No 9, Dated March 1, 2025 ("Lease'? Arrow Falcon Exporters, Inc., Lessee
Dear Ms. Rodriguez and Mr. Tree:

Enclosed is Lessee, Arrow Falcon Exporters, lnc.'s revocation of its signature to the Lease for Lot No. 9 at the Porterville Municipal Airport. My client has not yet received the City of Porterville's signatures to the agreement. Lesse's signature as specified in the Lease hand-delivered to your office on February 27, 2025, is hereby withdrawn.

My client was advised that the City will no longer require the second, third, and fourth sentences of Section 2 of the Lease. Accordingly, Lessee withdraws its consent to this Lease until that matter is resolved and my client is not required to contain this in its Lease. Furthermore, I understand that the present lease shall continue month-to-month until a new lease is in place. Please advise if this is incorrect and if you need any further information from Lessee.

Yours truly,
enclosure
AMB/ijf
cc: client
1 LEASE AGREEMENT

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 22,500 square feet of 2 land area, said rental rate will be $3,915.00 annually, payable in advance.

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.

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

To the Lessee: Arrow Falcon Exporters, Inc.

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 contractorsso long asthey 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.

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.

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.

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. 31.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Council Consideration and Implementation of Financial Assistance Program for Mixed-Metering
SOURCE: Public Works
COMMENT: At the March 18, 2025, City Council meeting, the Council directed staff to expand upon the financial assistance program originally considered for churches to include all non-profit organizations and commercial water accounts. The intent is to ensure accurate sewer billing for properties that include large irrigated areas, which would benefit from separate landscape meters.

The program is based on the three-year, zero-interest payback model previously proposed under the evaluation of churches, which establishes procedures for deferred payment options under the intent of Municipal Code 25-32.1 (Ordinance No. 901). The council directed that this option be made available through application:
• For non-profit organizations, funding is to be provided by the General Fund (estimated not to exceed $150,000).
• For commercial accounts, funding will be drawn from the Water Replacement Fund (estimated not to exceed $1,300,000).

This direction aligns with the City's goals to improve water use efficiency and accounting accuracy caused by mixed-use metering.

As detailed in the March 18, 2025, staff report, properties without separate irrigation meters are charged for sewer based on total water consumption, even when a significant portion of that water is used exclusively for landscape irrigation. This results in disproportionately higher sewer bills for customers identified as non-profit organizations and commercial properties with large landscaped areas. Installing a dedicated irrigation meter can reduce monthly sewer charges significantly by excluding irrigation usage from sewer billing calculations.

The estimated cost of installing a 1.5-inch irrigation meter, including connection fees, labor, and materials, is approximately $1,680 (under the current fee structure). Based on the typical savings realized by segregating landscape water use, the average payback period for this Item No. 31.
investment is about 12 months. Recognizing that the up-front cost may still be burdensome for many organizations, the Council-directed funding program offers a three-year, zero-percent interest repayment option. For non-profit organizations, this funding will be paid for by the General Fund as a grant without requiring the organization to enter into a payback agreement. The proposed program for commercial account support will be drawn from the Water Replacement Fund, requiring a three-year 0% interest payback agreement.

This approach supports existing regulations and policy objectives, including Municipal Code Sections 25-32A.9 and 25-32A.21 under Ordinance No. 1830, which require separate landscape meters and prohibit inefficient irrigation practices. It is also consistent with Ordinance No. 901, which permits installment payments for water connections when authorized by the City Council. Additionally, the program advances the State Water Resources Control Board’s goals under Resolution 2024-0019, emphasizing equitable access to water conservation tools and efficient outdoor water use.

Staff planning for implementation includes establishing:
• Application & Agreement Forms: Staff will create forms outlining eligibility, costs, repayment schedules, and responsibilities. • Outreach: Initial outreach will be prioritized for high-impact accounts. Information will be shared through utility billing inserts, city website updates, and direct customer contact.

Program Administration will be directed as per the City Council:
• For non-profit organizations: The funding will be provided as a grant, and sole financing will be paid by the General Fund. • For commercial accounts: Repayments of 0% interest for three (3) years will be deposited into the Water Replacement Fund.

Staff will be required to track and monitor agreements, balances, and performance metrics. The General Fund will be subject to all actual costs for non-profit irrigation meter installations. The Water Enterprise will extend the Council-directed funding program by offering a threeyear, zero-percent interest repayment option for commercial accounts.

The non-profit grant program would be required to be funded by the General Fund. The City Council has $93,404.41 available in the Special Purposes Reserve Fund (allocated from the General Fund) for the remainder of the fiscal year. The program can be funded at a level determined by the Council, as a pilot program, providing grants on a first come first serve basis with the number of connections to be determined by the funding available in the Special Purposes Reserve Fund. The Item No. 31.

Council could then allocate additional funds next fiscal year from the Special Purposes Reserve Fund based on the success of the program.

If the Council wishes not to utilize the Special Purposes Reserve Fund or desires to provide funding at a level higher than what is available in the fund, the Council would need to appropriate funds in the budget for the program.

RECOMMENDATION: That the City Council:

1. Consider implementing a financial assistance
program that provides complete coverage for nonprofit organizations through the General Fund, with no repayment obligation and provide direction on
funding amount and source;

2. Consider a three-year, zero-percent interest
repayment program for commercial accounts from
the Water Replacement Fund and provide direction
on funding amount; and

3. Direct staff to bring forth a draft Resolution at a
future meeting to establish the non-profit grant
program and commercial property loan program
based on Council's direction.

ATTACHMENTS: 1. Staff Report March 18, 2025

2. Ordinance 1830 Water Conservation

3. Ordinance No. 901 Sewer and Water Line
Connections

4. State Water Resources Control Board Resolution No.
2024-0019
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 20.

CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Council Discussion and Review of Sewer Rates on Non-Residential Institutional Customer Class Churches
SOURCE: Public Works
COMMENT: On February 4, 2025, the City Council directed staff to examine the effects of the adopted sewer rates on Commercial Institutional accounts, specifically the classification of churches. The sewer rate adjustments, implemented on January 1, 2024, were based on the findings of the 2022 Sewer Rate Study conducted by Carollo Engineers. These increases were necessary to sustain wastewater operations, cover capital costs, and meet regulatory compliance.

According to the 2022 Wastewater Rate Study, churches were classified under the Non-Residential Customer Class, resulting in a sewer rate increase from $0.42 per HCF to $2.90 per HCF in 2023/24, with additional annual increases planned through 2027/28. This represents a 973.8% increase throughout the rate-setting period.

Sewer charges are based on total water consumption, under the assumption that all water used on a property returns to the sewer system. However, churches often have large landscaped areas requiring irrigation, leading to inflated sewer bills unless a separate irrigation meter is in place. This report provides an analysis of the financial impact of sewer rate increases on churches within Porterville. It explains the primary factors contributing to higher sewer bills for churches and presents a recommended solution to mitigate these costs through the installation of separate irrigation meters. Additionally, a financial assistance option is proposed to ease the burden of implementing this solution.

A review of 45 church accounts in the city revealed that 11 churches have dedicated landscape meters, and 17 church accounts had little to no landscape associated. Therefore, 17 churches would be recommended for initial outreach, with only 12 churches exceeding the average monthly consumption of 20 units.

Churches without these meters are billed for sewer services based on their total water usage, including irrigation. This results in disproportionately high sewer charges. For example, a church consuming 66 monthly water units (17 for potable use and 49 for irrigation) is billed for all 66 units under the current structure without an irrigation meter. This results in a sewer charge of $252.78. If a separate irrigation meter were installed, only the 17 potable units would be factored into the sewer billing, reducing the monthly charge to $65.11.

The Proposition 218 Notice and Sewer Rate Public Hearing confirmed that the newly adopted sewer rates apply uniformly to all Non-Residential Customer Class properties. Therefore, it is critical for churches to establish irrigation meters to ensure an accurate account of consumption. It is recommended that churches install separate irrigation meters.

Item No. 20.

This approach aligns with:
• Municipal Code 25-32A.9 (Ordinance No. 1830), which mandates separate landscape meters for non-residential irrigated landscapes between 1,000 and 5,000 square feet, per California Water Code 535.
• Municipal Code 25-32A.21 (Ordinance No. 1830), which prohibits inefficient irrigation and water waste.
• State Water Resources Control Board Resolution No. 2024-0019, which promotes water efficiency measures, including climate-appropriate landscaping and reduced irrigation waste.
• Proposition 218 Guidelines, ensuring cost-based justifications for rate structures.

The estimated cost of installing a 1.5-inch landscape meter with a backflow preventer is approximately $1,680 (current rates). This includes connection fees, materials, and city-force labor. Given the potential cost savings, the typical payback period for installation would be approximately 12 months.

A review of impacted churches indicates that many facilities could save between $200 and $500 per month on sewer costs, depending on their irrigation usage.

Some more significant properties could see annual savings exceeding $5,000, demonstrating the financial feasibility of implementing landscape meters.

Recognizing the financial impact on churches, staff proposes a financing option should the customer choose to spread the meter installation cost over three years by agreement. This aligns with Municipal Code 25-32.1 (Ordinance No. 901), which allows the City Council to establish provisions for installment payments on water connection fees over a period of up to three years with any provisions set by Council through Resolution.

Next Steps for Council consideration:

1. Staff Outreach: Notify affected churches and provide guidance on the installation process.

2. Financial Assistance Implementation: Establish procedures for deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901).

3. Policy Review: Ensure compliance with state regulations and water conservation goals.

Implementing a separate irrigation meter offers a viable solution to mitigate high sewer costs for churches while promoting water conservation. This approach aligns with regulatory requirements and enhances financial sustainability for affected institutions. Staff recommends moving forward with outreach and assistance programs to facilitate this transition.

RECOMMENDATION: That the City Council:

1. Consider and discuss the evaluation of Sewer Rates on the Institutional customer class churches;

2. Direct staff to perform outreach to notify affected churches and provide guidance on the meter installation process;

3. Direct staff to make financial assistance available to the impacted customer class and implement procedures for
Item No. 20.
deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901); and

4. Direct staff to review policy, ensuring compliance with state regulations and water conservation goals.

ATTACHMENTS: 1. Porterville 2022 Wastewater Rate Study

2. Resolution 68-2023

3. Ordinance1830 Water Conservation

4. Ordinance No. 901 Sewer and Water Line
Connections

5. State Water Resources Control Board Resolution No.
2024-0019
Appropriated/Funded:

Review By:

Department Director:

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

Ordinance No. 1830
requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 25-50. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section 25-50 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
§ 25-41 Irrigation Design Plan.
(a) This section applies to landscaped areas requiring pennanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an i1Tigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(1) System
(A) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

1. a customer service meter dedicated to landscape use provided by the City of Porterville; or

2. a privately owned meter or submeter.
(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
(C) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal perfonnance.

Page 17 of 37 ends

Porterville City CouncilApril 1, 2025

Porterville City Council
April 1, 2025