Porterville City Council
June 3, 2025

City Council Agenda June 3, 2025

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 3, 2025, 5:30 PM
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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 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
2 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 3 - Government Code Section 54957 - Public Employee Appointment/Employment:

Title: City Manager
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED

SESSION
City Council Agenda June 3, 2025

Pledge of Allegiance Led by Council Member Rivas
Invocation

PRESENTATIONS
Employee of the Month - Enrique Lara
Monache High School Critical Incident: School Staff and Public Safety Recognition

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

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Approval of Draft Minutes of May 20, 2025
Re: Considering approval of the City Council draft Minutes of May 20, 2025.

2. Authorization to Purchase Fare Collection Equipment and Mobile/Digital Fare Payment Technology
Re: Consideration to purchase fourteen (14) fare boxes from Diamond Manufacturing for a total delivered cost of $35,003.70, including sales tax; authorize the purchase of Token Transit's mobile and digital fare payment system at a total cost not to exceed $114,406.25, including a ten percent contingency, for a three-year term; authorize the purchase of Branded Smart Cards from Token Transit at a total cost not to exceed $43,700, including salestax; and authorize staff to advertise the sale of the existing validating fare boxes, using any revenue generated to offset project costs.

3. Authorization to Enter into a Five-Year Lease Agreement with Flock Safety for Four Additional Automated License Plate Reader (ALPR) Cameras Re: Council to authorize staff to negotiate the lease of four (4) additional Flock LPR cameras at a cost of $12,000 annually.

4. Authorization to Advertise for Bids - Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave)
Re: Consideration approval of staff's Plans and Project Manual for the Main Street Reconstruction Project, Phase 2B, located between Olive Avenue and Garden Avenue, which consists of the removal and replacement of existing asphalt, installation of new carrier curb and gutter, detectable warnings, and conduit for fiber optic line.

5. Award of Contract for the Transit Center Renovation Project City Council Agenda June 3, 2025

Re: Consider the award of contract to Sage Construction & Development LLC for the Transit Center Renovation Project in the amount of $120,590.47, with a 10% contingency for a total project budget of $132,649.52.

6. Authorization to Operate a Fare Free Shuttle to the Freedom Fest on June 28, 2025 Re: Council to consider authorizing transit to operate a fare free shuttle from the Transit Center to the Freedom Fest at the Sports Complex on June 28, 2025, from 3:00- 10:00 p.m.

7. TCAG Supplemental Agreement for Litter Abatement Program Re: Consider adoption of a resolution and approval of a Measure R Supplemental Cooperative Agreement with TCAG to support continued implementation of the City’s Litter Abatement Pilot Program.

8. Authorization to Schedule a Public Hearing and Present Vacancy Report as Required by AB 2561
Re: Consideration to schedule a Public Hearing and present the City's vacancy report as required by AB 2561.

9. Authorization to Execute Fiscal Year 2025 Federal Transit Administration Certifications and Assurances
Re: Consideration to authorize the Interim City Manager and City Attorney to execute the Fiscal Year 2025 Federal Transit Administration (FTA) Certifications and Assurances for Grants and Cooperative Agreements.

10. Consideration to Set a Public Hearing for the Adoption of a Continuance of the Fiscal Year 2024-2025 Budget for the First Quarter of Fiscal Year 2025-2026 Re: Consideration to set a public hearing for June 17, 2025, to consider adopting a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025- 2026.

11. Consideration to Set a Public Hearing for the 2025 Public Health Goal Report Re: Consideration to set a Public Hearing on June 17, 2025, for the 2025 Public Health Goal Report.

12. Intent To Schedule Public Hearing – 5-Year CDBG Consolidated Plan and FY 2025/26 Action Plan
Re: Consider setting a public hearing for the next regularly scheduled City Council meeting to allow for a 15-day public comment period regarding the revised FY 2025/26 Annual Action Plan and 5-Year CDBG Consolidated Plan due to a change in the City’s entitlement allocation from the U.S. Department of Housing and Urban Development.

13. Consideration to Set a Public Hearing for the Adoption of an Ordinance Designating Fire Hazard Severity Zones in the Local Responsibility Area
Re: Consideration to schedule a public hearing for June 17, 2025, to receive input and consider the first reading of an ordinance adopting Fire Hazard Severity Zones within the City’s Local Responsibility Area, as recommended by the State Fire Marshal.

14. Approval of Community Civic Event - St. Anne's Parish - Corpus Christi Eucharistic Procession - June 21, 2025
City Council Agenda June 3, 2025

Re: Consideration to approve the Community Civic Event application submitted by the St.

Anne’s Parish to hold the Eucharistic Procession on Saturday, June 21, 2025, from 8:00 a.m. to 12:00 p.m. within St. Anne’s Catholic Church neighborhood.

15. Approval of Community Civic Event - Porterville Chamber of Commerce - Flag Day Ceremony - June 14, 2025
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Flag Day Ceremony on Saturday, June 14, 2025, from 8:00 AM to 12:00 PM, at the Grocery Outlet parking lot, located at 50 W. Olive Avenue.

16. Request for Proclamation - Flag Day "United Under One Flag" - June 14th - July 4, 2025 Re: Considering approval of a request to proclaim the week of June 14th - July 4th, 2025, as "United Under One Flag" in the City of Porterville.

17. Approval of State Senate Bill 1 (SB1) Project List for Fiscal Year 2025-2026 Re: Consideration to adopt the resolution for the SB1 Project List for FY 2025/2026.

18. Authorization of Out-of-State Travel for Police Personnel Re: Consideration to authorize out-of-state travel and per diem expenses for two Police Department personnel to LDV Specialty Vehicles, Inc. facility located in Burlington, Wisconsin, for the final acceptance inspection of the police evidence and crime scene processing vehicle.

19. Consideration of Cancellation of July 1, 2025, City Council Meeting Re: Consideration of cancellation of the regularly scheduled City Council meeting on July 1, 2025, due to its proximity to the Independence Day holiday.

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

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

PUBLIC HEARINGS

21. Consideration of Approval of Modification No. 2 of Conditional Use Permit (PRC 2017- 060-C) for Temple of Praise Christian Fellowship
Re: Consideration of a resolution approving Modification No. 2 of Conditional Use Permit PRC 2017-060-C, amending the requirement for a three-bin trash enclosure at the Temple of Praise Christian Fellowship, located at 22213 Avenue 152.

SECOND READINGS

22. Second Reading - Ordinance No. 1910, Amending Chapter 15, Article VII of the Porterville Municipal Code, "Cannabis Dispensaries," Modifying Hours of Operation, Premises Security, Restricting Deliveries, Regulating Drive-Through Operations, and Additional Minor Clarifications.

City Council Agenda June 3, 2025

Re: Amending Chapter 15, Article VII of The Porterville Municipal Code, “Cannabis Dispensaries,” Modifying Hours of Operation, Premises Security, Restricting Deliveries, Regulating Drive-Through Operations, and Additional Minor Clarifications.

23. Second Reading - Ordinance No. 1911, Amending Chapter 21, Series 200 and 300 of Porterville Municipal Code, adding “Cannabis Dispensaries” as a Permitted Use in the CG General Commercial Zone District and Making Minor Typographical Corrections Re: Amending Chapter 21, Series 200 and 300 of Porterville Municipal Code, adding “Cannabis Dispensaries” as a Permitted Use in the CG General Commercial Zone District and Making Minor Typographical Corrections.

SCHEDULED MATTERS

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

25. Consideration of Updates to Unauthorized Camping Regulations and Policies, Including the Development and Implementation of a Reunification Program for Individuals Experiencing Homelessness
Re: Consideration of updates to unauthorized camping regulations and policies, including discussion and possible direction to develop a reunification program for individuals experiencing homelessness.

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

1. Tule River Improvement JPA- May 21, 2025

2. Tulare County Task Force on Homelessness - May 21, 2025

3. Eastern Tule Groundwater Sustainability Agency - May 23, 2025

4. Tulare County Economic Development Corp. (TCEDC) - May 28, 2025

5. Flag Day Committee – June 3, 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 June 17, 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.

City Council Agenda June 3, 2025

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 – JUNE 3, 2025
SUBJECT: Approval of Draft Minutes of May 20, 2025
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of May 20, 2025.

RECOMMENDATION: That the Council approve the draft Minutes of May 20, 2025 ATTACHMENTS: 1. Draft Minutes of May 20, 2025
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 20, 2025, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member AJ Rivas, Council Member Stan Green, Council Member Raymond Beltran, Vice Mayor Ed McKervey, Mayor Greg Meister (arrived late at 6:55 p.m.).

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Porterville City Employees' Association, Porterville Safety Support Unit, Porterville City Firefighters' Association, Fire Officer Series, Management Confidential Series, and Porterville Police Officers' Association.
2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One case in which facts are not yet known to potential Plaintiff.
3 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: Mayor Greg Meister. Employee Organization: Unrepresented Management - Interim City Manager.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN

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

The Pledge of Allegiance was led by Vice Mayor McKervey.

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

ORAL COMMUNICATIONS
• John Coffee, Porterville, clarified dam jurisdictions, noted efforts to protect agriculture from saltwater intrusion, praised Main Street tree plantings, and thanked the council. • Teresa Gonzalez, Porterville, mentioned the lack of handicap parking on Main Street and a broken ramp outside the lobby, which posed a safety risk. • Brock Neeley, Porterville, presented the council with documentation regarding Harvey Milk.

• John Duran, Porterville, proposed council member compensation for travel expenses and supported relocating a cannabis dispensary from Main Street.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - May 1, 2025
No report was provided.

2. Charter Review Committee - May 2, 2025
Commissioner Greg Shelton, chairman of the charter review committee, reported that the committee held its first meeting and thanked Acting Chief Deputy City Clerk Fernando Gabriel-Moraga and Committee Member Clayton Dignam for setting up the meeting. He described the committee’s composition, noting a mix of experienced and newer members.

Shelton emphasized the need for ideas from the council to move forward and suggested that if enough ideas are submitted, the committee may explore additional topics like council pay. He mentioned the possibility of cleaning up outdated sections of the city charter and concluded by reminding the council to submit their ideas before the next meeting on June 19th.

3. Library & Literacy Commission - May 13, 2025
No report was provided.

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - April 2025

CONSENT CALENDAR
Item Nos. 4 and 5 were pulled at the request of Council Member Beltran.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Items Nos. 1-3, 6-11, and 13-16. The motion carried unanimously.

1. AUTHORIZATION TO PURCHASE LIGHT TOWERS
Recommendation: That the City Council authorize the purchase of two light towers through equipment replacement funds from Volvo Construction Equipment & Services for $28,941.55.

Documentation: M.O. 01-052025
Disposition: Approved.

2. AUTHORIZATION TO INITIATE SERVICE AGREEMENT WITH BMI IMAGING SYSTEMS, INC.

Recommendation: That the City Council authorize staff to initiate the service agreement with BMI Imaging Systems, Inc. to digitize the Porterville Recorder.

Documentation: M.O. 02-052025
Disposition: Approved.

3. AWARD OF CONTRACT FOR MURRY PARK ACCESSBILE PLAYGROUND PATHS Recommendation: That the City Council:

1. Award the contract for the Murry Park ADA playground paths to Mack General, in the amount of $30,290.90;

2. Authorize a ten percent (10%) contingency to cover any unforeseen costs;

3. Authorize an additional ten percent (10%) for materials testing and quality control; and

4. Authorize the Parks and Leisure Services Director to execute the necessary agreement and related documents to carry out the project.

Documentation: M.O. 03-052025
Disposition: Approved.

6. ACCEPTANCE OF PROJECT - CITY POOL IMPROVEMENTS PROJECT Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion by the City Clerk.

Documentation: M.O. 04-052025
Disposition: Approved.

7. DEVELOPMENT ORDINANCE COMPREHENSIVE UPDATE CONTRACT

AMENDMENT
Recommendation: That the City Council approve the additional $45,130 for the completion of the Comprehensive Update to the Development Ordinance by reallocating the amount from the remaining balance of the CDBG 5-year Consolidated Plan.

Documentation: M.O. 05-052025

Disposition: Approved.

8. CONSIDERATION AND ADOPTION OF RESOLUTION ACCEPTING TRANSFER

OF REAL PROPERTY AND FACILITIES FROM THE COUNTY OF TULARE TO THE CITY OF PORTERVILLE FOR CITY WELL NO. 33
Recommendation: That the City Council:

1. Adopt the attached draft resolution accepting the Grant Deed for the East Porterville Well site (APN 240-120-017), excluding the north 80 feet;

2. Authorize the Mayor to execute the Certificate of Acceptance in accordance with Government Code Section 27281; and

3. Direct the City Clerk to record the Grant Deed and Certificate of Acceptance with the Tulare County Clerk-Recorder’s Office.

Documentation: Resolution No. 46-2025
Disposition: Approved.

9. CONSIDERATION TO UPDATE CALIFORNIA FIRE ASSISTANCE AGREEMENT

RESOLUTION
Recommendation: That the City Council approve the attached resolution as required under the California Fire Assistance Agreement (CFAA), reflecting the inclusion of the Fire Deputy Chief position for reimbursement eligibility, and authorize submission of the updated resolution and associated documentation to the Cal OES Fire and Rescue Division.

Documentation: Resolution No. 47-2025
Disposition: Approved.

10. APPROVAL OF COMMUNITY CIVIC EVENT - FIRST ASSEMBLY OF GOD - PARTY AT THE PARK - MAY 31, 2025
Recommendation: That the City Council approve the Community Civic Event Application submitted by the First Assembly of God to hold the "Party at the Park" event on Saturday, May 31, 2025, at Centennial Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 06-052025
Disposition: Approved.

11. AUTHORIZATION FOR STREET CLOSURE - MILITARY BANNER CEREMONY

Recommendation: That the City Council authorize the temporary closure of Main Street between Thurman Avenue and Cleveland Avenue for the Military Banner Ceremony on May 23, 2025, from 10:30 AM to 1:30 PM.

Documentation: M.O. 07-052025
Disposition: Approved.

12. AUTHORIZATION FOR STREET CLOSURE - KJUG CONCERT
Recommendation: That the City Council authorize the street closures for the KJUG Concert on May 26, 2025.

Documentation: None.

Disposition: Item was pulled and moved to a future meeting.

13. CONSIDERATION TO AMEND PORTERVILLE MUNICIPAL AIRPORT COMMITTEE RESOLUTION NO. 22-2025
Recommendation: That the City Council adopt the Draft Resolution amending Resolution No. 22-2025.

Documentation: Resolution No. 48-2025
Disposition: Approved.

14. PARKS AND LEISURE SERVICES COMMISSION MEETINGS
Recommendation: That the City Council approve the Parks and Leisure Services Commission's request for a summer hiatus during the months of June, July, and August 2025, with the Commission being available to meet if necessary.

Documentation: M.O. 08-052025
Disposition: Approved.

15. DEPARTMENT OF FINANCE POPULATION UPDATE
Recommendation: That the City Council authorize the Mayor to sign a request for state certification for the City of Porterville, January 1, 2025, with a population of 63,622.

Documentation: M.O. 09-052025
Disposition: Approved.

16. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD EMERGENCY Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 10-052025
Disposition: Approved.

PUBLIC HEARINGS

17. PUBLIC HEARING TO CONSIDER THE TRANSITION TO PHASE III OF THE CITY'S

WATER CONSERVATION PLAN AND ALTERNATIVE CONSIDERATION OF

PHASE II
Recommendation: That the City Council:

1. Conduct a Public Hearing to consider transitioning from Phase IV to Phase III of the City's Water Conservation Plan, effective June 1, 2025; or

2. Alternatively, consider implementing Phase II (Mandatory 3-day watering per week schedule) as a transitional measure for summer 2025 if the Council determines that current water supply conditions support providing additional flexibility to residents; and

3. Direct staff to resume Phase IV restrictions beginning October 1, 2025, to reflect seasonal water use reductions.

Acting City Manager Richard Tree introduced the item and Assistant City Manager Michael Knight presented the staff report.

Mayor Meister opened the public hearing at 7:01 p.m. and closed the public hearing at 7:02 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve the implementation of Phase II (a mandatory threeday per week watering schedule) and directed staff to, at their discretion, bring back an item at a future meeting to consider resuming Phase IV restrictions to reflect seasonal water use reductions. The motion carried unanimously.

Documentation: M.O. 11-052025
Disposition: Approved.

18. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 15, ARTICLE VII OF THE PORTERVILLE MUNICIPAL CODE, "CANNABIS DISPENSARIES,"

MODIFYING HOURS OF OPERATION, PREMISES SECURITY, RESTRICTING

DELIVERIES, REGULATING DRIVE-THROUGH OPERATIONS, AND ADDITIONAL MINOR CLARIFICATIONS.

Recommendation: That the City Council:

1. Hold the noticed Public Hearing and receive any public testimony concerning the Proposed Ordinance;

2. Consider approval of the staff's determination related to CEQA; and

3. Approve the draft ordinance amending Chapter 15, Article VII of the Porterville Municipal Code, waive the first reading, and order the ordinance to print.

Acting City Manager Richard Tree introduced the item and presented the staff report.

Mayor Meister opened the public hearing at 7:14 p.m. and closed the public hearing at 7:14 p.m. when no one came forward to speak.

Discussion ensued between members of the council regarding the proposed ordinance.

While there was general support for standardizing operations and eliminating potentially excessive security measures, such as bullet-resistant windows, and a shared interest in addressing unregulated outside deliveries, the introduction of drive-through facilities became a point of contention. Councilman Beltran expressed significant reservations, citing concerns about optics and alignment with community standards, whereas other members indicated they were open to the concept, provided adequate security measures were in place.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council approve the first reading of the ordinance, being, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15, ARTICLE VII OF THE PORTERVILLE MUNICIPAL CODE, "CANNABIS DISPENSARIES", MODIFYING HOURS OF OPERATION, PREMISES SECURITY, RESTRICTING DELIVERIES, REGULATING DRIVETHROUGH OPERATIONS AND ADDITIONAL MINOR CLARIFICATIONS, waive further reading, and order the ordinance to print.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Ordinance No. 1910
Disposition: Approved.

19. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 21, SERIES 200 AND 300 OF PORTERVILLE

MUNICIPAL CODE, ADDING “CANNABIS DISPENSARIES” AS A PERMITTED USE

IN THE CG GENERAL COMMERCIAL ZONE DISTRICT AND MAKING MINOR TYPOGRAPHICAL CORRECTIONS.

Recommendation: That the City Council:

1. Hold the noticed public hearing and consider any public testimony concerning the proposed ordinance;

2. Find that the proposed ordinance amendments serve to implement the policies, goals, and objectives of the General Plan and said amendments do not have the potential to have a significant effect on the environment;

3. Consider the draft ordinance, an Ordinance of the City Council of the City of Porterville Amending Chapter 21 Series 200 and 300 of the Porterville Municipal Code; and

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

Acting City Manager Richard Tree introduced the item, and Community Development Director Claudia Calderon presented the staff report.

Mayor Meister opened the public hearing at 7:39 p.m.
• (Comment taken during 2nd Oral Communication of Agenda) Christopher Navarro, manager of Premium Blossom, clarified that dispensaries are not like bars, emphasized strict regulations, and highlighted the medicinal use of cannabis. He invited council members to visit his dispensary.
• (Comment taken during 2nd Oral Communication of Agenda) Candace Garrett, representing Premium Blossom, addressed concerns about the dispensary’s move near the Porterville Adult School, noting that state law prevents entry for those under 21. She emphasized strict security and cited other cities with dispensaries near schools. • (Comment taken during 2nd Oral Communication of Agenda) John Duran, Porterville, supported relocating a cannabis dispensary from Main Street. • Brock Neely, Porterville, opposed the zoning amendment, citing the original placement of dispensaries near the police department for security reasons. He questioned how deliveries would be regulated and expressed concern over potential taxpayer costs for added security. • Taha Saleh, Porterville, spoke in support of the proposed zoning amendment, emphasizing the importance of treating cannabis dispensaries as legitimate businesses. He argued that the city should create an environment where these businesses can succeed, including offering services like delivery and drive-throughs, which he noted are available in other towns. He addressed concerns about proximity to children, suggesting that other nearby

businesses were of greater concern, and stated that he did not believe the dispensary operator would be problematic.
• Lee Qualls, Porterville, spoke in opposition to the zoning amendment, disputing the claim that loitering and smoking outside dispensaries on Main Street is prohibited. He expressed concern that relocating a dispensary near a school zone would lead to similar behavior, with individuals smoking near children. He questioned the council's morals, stating that smoking in proximity to kids is unacceptable
• John Coffee, Porterville, stated he was a 41-and-a-half-year employee of Porterville Unified, clarified that he was not representing the district and did not believe Mr. Beltran was either.

He suggested that Mr. Beltran deserved an apology. Regarding the proposed dispensary site, Mr. Coffee expressed concern about its proximity to the adult school and reminded the council not to overlook West Putnam School, which is also nearby.

Mayor Meister closed the public hearing at 7:44 p.m. when no one else came forward to speak.

Discussion ensued between members of the council regarding the proposed ordinance.

While Council Member Beltran expressed strong reservations, primarily concerning the potential proximity of dispensaries to school areas within the CG zone, the majority of the council felt that expanding zoning options was appropriate for a legitimate, regulated business. They noted that it would provide an opportunity for dispensaries to relocate from Main Street and potentially contribute positively to the community.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council approve the first reading of the ordinance, being, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 21, SERIES 200 AND 300 OF THE PORTERVILLE MUNICIPAL CODE, ADDING "CANNABIS DISPENSARIES" AS A PERMITTED

USE IN THE CG GENERAL COMMERCIAL ZONE AND MAKING MINOR
TYPOGRAPHICAL CORRECTIONS, waive further reading, and order the ordinance to print.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: Ordinance No. 1911
Disposition: Approved.

SCHEDULED MATTERS

20. CONSIDERATION OF LETTER TO GOVERNOR NEWSOM AND THE STATE

WATER RESOURCES CONTROL BOARD REGARDING STRATEGIC

REDISTRIBUTION OF SURPLUS RESERVOIR WATER

Recommendation: That the City Council consider authorizing the Mayor to sign and transmit the attached letter to the Governor of California and the California State Water Resources Control Board in support of the strategic redistribution of surplus reservoir water.

Acting City Manager Richard Tree introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Green, SECONDED by Mayor Meister that the City Council approve the letter to be sent to the Governor's Office and other member of office such as Assemblywoman Alexandria Macedo, Assemblyman Stan Ellis, Senator Melissa Hurtado, and Senator Shannon Grove. The motion carried unanimously.

Documentation: M.O. 12-052025
Disposition: Approved.

21. CONSIDERATION OF AN EXTENSION OF TIME TO EXPEND SPECIAL PURPOSES

RESERVE FUNDS FOR SPECIAL EVENTS AT THE PORTERVILLE NAVIGATION CENTER
Recommendation: That the City Council adopt the attached draft resolution, approving an extension of the timeframe to expend the remaining balance of the $5,000 allocated from the FY 2023/2024 Special Purposes Reserve Fund for special events at the Porterville Navigation Center through December 2025.

Acting City Manager Richard Tree introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Green, SECONDED by Mayor Meister that the City Council approve the extension of the timeframe to expend the remaining balance of the $5,000 allocated from the FY 2023/2024 Special Purposes Reserve Fund for special events at the Porterville Navigation Center until all allocated funds have been expended, as amended. The motion carried unanimously.

Documentation: Resolution No. 49-2025
Disposition: Approved.

22. REVIEW OF ADOPTED BUDGET CALENDAR FOR FISCAL YEAR 2025-2026 AND

CONSIDERATION OF AN ALTERNATIVE SCHEDULE

Recommendation: That the City Council:

1. Confirm the proposed Budget Calendar for Fiscal Year 2025-2026 as approved at the February 18, 2025, City Council meeting; or

2. Consider and approve an alternative budget schedule as presented by staff, based on current operational needs and organizational conditions.

Acting City Manager Richard Tree introduced Item No. 22 and presented the staff report.

Staff proposed an alternative timeline for the adoption of the Fiscal Year 2025–2026 budget, outlined as follows:
• June 3, 2025: Consideration of the proposed Fiscal Year 2025–2026 budget process and setting of the date for a public hearing.
• June 17, 2025: Public hearing to consider adopting a continuation of the Fiscal Year 2024– 2025 budget for the first quarter of Fiscal Year 2025–2026 (July through September). • June 24, 2025: Special City Council meeting to conduct a Budget Study Session for the draft Fiscal Year 2025–2026 budget.
• July 22, 2025: Special City Council meeting to consider and determine Council's Priority Projects for Fiscal Year 2025–2026.
• September 2, 2025: Consideration of the proposed Fiscal Year 2025–2026 budget and setting of the date for a public hearing.
• September 16, 2025: Public hearing for the formal adoption of the final Fiscal Year 2025– 2026 budget.

After discussion between council members, the consensus was unanimous support for the alternative budget schedule, which postpones formal adoption of the Fiscal Year 2025–2026 budget to a later date. This approach allows the new interim city manager additional time to refine the financial plan, consider ongoing labor negotiations, and address structural budget challenges.

Council members also expressed a strong interest in conducting a more thorough, in-depth review of the budget to promote transparency and ensure long-term fiscal responsibility.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council approve the alternative budget scheduled as presented by staff. The motion carried unanimously.

Documentation: M.O. 13-052025
Disposition: Approved.

23. CONSIDERATION OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

PORTERVILLE AND RICHARD TREE FOR INTERIM CITY MANAGER
Recommendation: That the City Council:

1. Review and consider the draft Agreement and any changes;

2. Consider whether to Approve the Employment Agreement between the City of Porterville and Richard Tree for Interim City Manager (as proposed

or amended); and

3. Authorize the Mayor to execute the Agreement.

Acting City Manager Richard Tree introduced the item and City Attorney Julia Lew presented the staff report.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve the employment agreement between the City of Porterville and Richard Tree for Interim City Manager as proposed. The motion carried unanimously.

Documentation: M.O. 14-052025
Disposition: Approved.

4. AWARD OF CONTRACT FOR BUS STOP SIGN REPLACEMENT PROJECT Recommendation: That the City Council award a contract to Smart Era Lighting Systems (SELS) in the amount of $250,000 for the Bus Stop Sign Replacement Project.

Interim City Manager Richard Tree introduced the item and presented the staff report.

During the discussion, Council Member Beltran raised clarifying questions regarding the item. He referenced the previous meeting's discussion about budget shortfalls and the decision to cut bus routes four and five, which he noted cost approximately $700,000 per route annually. He then compared this annual cost to the one-time expenditure for the bus stop sign replacement project (approximately $750,000 for items 4 and 5 combined). He also sought confirmation from staff that the funding for the sign replacement was separate and could not be used to reestablish the cut bus routes, to ensure the community understood the decisions being made.

Interim City Manager Tree confirmed that an update was provided by the Federal Transit Administration, regarding additional funds being given to the city, service reductions were still appropriate due to an overall reduction in funding. He clarified that the sign replacement project was a capital improvement project, separate from the operating budget, for equipment replacement, which was scheduled and part of a five-year plan. He stated that these particular funds, although from the same overall pot (transit funds), were allocated a year ago for capital purposes and could not be utilized to reestablish a route. Updates on the transit budget and service would be provided during the new alternative budget schedule process.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council award a contract to Smart ERA Lighting Systems (SELS) in the amount of $250,000 for the Bus Stop Sign Replacement Project, and

award a contract to Brasco International in the amount of $494,875 for the Bus Stop Shelter Replacement Project.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 15-052025
Disposition: Approved.

5. AWARD OF CONTRACT FOR BUS STOP SHELTER REPLACEMENT PROJECT Recommendation: That the City Council award a contract to Brasco International in the amount of $494,875 for the Bus Stop Shelter Replacement Project.

Disposition: Item was approved in concurrence with Item No. 4.

AB 1234 REPORTS

1. Local Initiatives Navigation Center Committee (LINC) - May 7, 2025 Council Member Beltran provided an update on several items of interest, such as the approval of Minutes, a donation increase, and the Navigation Center.

2. Mighty 190 Meeting - May 12, 2025
Mayor Meister reported on discussions about local attractions and tourism, noting a range of opinions from attendees. He highlighted the use of technology apps, such as the Discovery County app, and suggested that a more effective marketing approach, including paid ads, should be pursued to promote these attractions.

3. Tulare County Association of Governments (TCAG) - May 19, 2025 Mayor Meister reported on several roundabout projects, stated the west realignment project has been delayed, and a discussion about a farm-to-market bill being advanced in Congress.

ORAL COMMUNICATIONS
• Brock Neely, Porterville, presented the Council with the official 250th celebration flag, but noted that the city’s flag code currently prevents it from being flown until it is amended. • Taha Saleh, Porterville, thanked the police and fire departments for their service, expressed concerns about theft in his business, and highlighted the challenges small businesses face with security. He praised the council’s efforts on homelessness, congratulated Richard Tree on his new role, and thanked the council for the opportunity to speak.

OTHER MATTERS

• Vice Mayor McKervey thanked the Mayor for the chance to chair part of the meeting. Shared optimism about progress on homelessness and praised community involvement at the Royal Daughters ribbon cutting. He also expressed support for digitizing historic city records.

Expressed concern over library costs, interest in future budget planning, and support for downtown and park enhancements, including possible new water features. • Council Member Rivas thanked Mr. Tree after his appointment as Interim City Manager, emphasized ethical decision-making, and hopes that during budget review, there can be potential to bring back services to transit, and spoke of his attendance at the Fair. • Council Member Beltran reported on his participation in the Fair Tour, highlighted the Red Star Pilot Association’s event, recognized first responders and school staff for their handling of the Monache incident, and congratulated upcoming graduates. In response to public comments questioning his character, he reaffirmed his independence. Finally, he outlined the Memorial Day flag setup at Hillcrest Cemetery, urging volunteers to assist due to the physical demands on veterans organizing the event.
• Mayor Meister thanked Vice Mayor McKervey for chairing part of the meeting and congratulated Richard Tree on his appointment as Interim City Manager. He expressed concern about individuals being dropped off in the city as part of the homelessness issue and stressed the importance of protecting the community. He acknowledged Memorial Day and asked about the flag setup at the cemetery. He reported on his attendance at a fairgrounds tour and voiced concern over the absence of tribal representatives from a scheduled May 14 meeting, highlighting the need for communication regarding infrastructure impacts tied to casino projects. Lastly, he shared his experience flying with the Red Star Pilot Association, clarifying that their activities are training-based, not civic events. • Interim City Manager Richard Tree thanked the Mayor and staff for their support, expressed his commitment to measurable improvements, and invited the public to a workshop on the Active Transportation Plan.

CLOSED SESSION
None.

None.

ADJOURNMENT –
The Council adjourned at 9:06 p.m. to the meeting of June 3, 2025, at 5:30 p.m.

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

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Purchase Fare Collection Equipment and Mobile/Digital Fare Payment Technology
SOURCE: Public Works
COMMENT: The City’s current fare collection system, which was deployed in 2009, relies on validating fare boxes that have exceeded their useful life and are in need of replacement. With Porterville Transit preparing to transition from its current Zero Fare Program to a paid fare structure effective October 1, 2025, staff has reviewed fare collection alternatives and recommends implementing a dualfare collection system. This includes the purchase of both traditional fare boxes and a mobile/digital fare payment platform to enhance flexibility, reduce operational costs, and improve customer convenience.

Staff recommends the purchase of fourteen (14) heavy-duty stainless steel fare boxes, Diamond Model F20L, from Diamond Manufacturing, Inc. These fare boxes offer enhanced durability, improved fare security, and user-friendly operation for both passengers and transit operators. Each unit includes two vaults, a set of keys, and a floor stand. Delivery is expected within 8 to 10 weeks of order placement, with payment terms of Net 30 days. The total project cost, including sales tax, is $35,004.

This procurement qualifies as a “small purchase” under FTA guidelines and complies with all applicable federal requirements.

To further modernize the fare collection process and reduce reliance on cash handling, staff recommends the implementation of a mobile and digital fare payment system. This initiative is intended to enhance the customer experience, support fare capping and discount programs, and provide electronic validation and reporting tools. Two vendors, Token Transit and Masabi, submitted proposals for consideration. Staff evaluated both proposals based on system features, cost, implementation timeline, and long-term support, and determined that Token Transit offers the best overall solution for Porterville Transit.

Vendor 3-Year Total Cost
Token Transit $114,406.25
Item No. 2.

Masabi $167,600
Token Transit’s system includes mobile ticketing, smart card compatibility, contactless EMV payments (available by Fall 2025), and robust fare-capping capabilities. The system provides comprehensive data reporting and management tools to support operational oversight and planning. The overall implementation cost for Year 1, including hardware and installation, is $66,721. Annual recurring fees and maintenance costs are projected at $22,800 per year in Years 2 and 3. The total cost of the three-year project is $114,406.25.

The total project cost, which includes Diamond fare boxes, Token mobile/digital fare payment technology, and branded smart cards, is summarized below:

Product Total Cost
Diamond Fare Box $35,004
Branded Smart Cards $43,700
Mobile/Digital Payment $114,406
Total Project Cost $193,110
This project is included in the adopted Fiscal Year 2024-25 Transportation Budget and is funded in part by the City’s Federal Transit Administration (FTA) Grant No. 6260-2024-2, which will cover 80 percent of the total cost ($154,488). The remaining 20 percent, or $38,622, will be funded through Local Transportation Funds (LTF) as the required local match. Upon City Council approval, staff will proceed with finalizing contract negotiations with Token Transit and will begin the procurement and implementation process to ensure system deployment aligns with the target date for fare reinstatement.

To further offset project costs, staff propose to advertise the sale of the City’s existing validating fare boxes on the open market, with any revenue generated used to reduce the overall expenditure.

While the City continues to support regional efforts toward a unified fare collection system, the urgent need to deploy a fare system in time for the scheduled October 1, 2025 reinstatement necessitates local action. Porterville Transit will continue participating in regional discussions with agencies such as the Tulare County Regional Transit Agency (TCRTA), City of Visalia, and Tulare County Association of Governments (TCAG) to ensure future interoperability.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of fourteen (14) fare boxes from Diamond Manufacturing for a total delivered cost of $35,003.70, Item No. 2.
including sales tax;

2. Authorize the purchase of Token Transit's mobile and digital fare payment system at a total cost not to exceed $114,406.25, including a ten percent contingency, for a three-year term;

3. Authorize the purchase of Branded Smart Cards from Token Transit at a total cost not to exceed $43,700, including sales tax;

4. Authorize staff to advertise the sale of the existing validating fare boxes, using any revenue generated to offset project costs; and

5. Direct staff to continue participating in regional transit coordination efforts to support the long-term goal of a unified regional fare collection system.

ATTACHMENTS: 1. Diamond Quote

2. Branded Smart Card Quote

3. Masabi Quote

4. Token Transit Digital Payment Quote
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
03/31/2025
City of Porterville
Attn: Mr. Barragan
Email: [email protected]
Subject: Fare Box Quote
Thank you for testing the F20L Fare Box and the D-10 Floor Stand.

The quote for 14 units is as follows:
14-F20L complete with a Fare Box, 2-Vaults a set of keys and either a Hat Style Stand or Clamp Style mounting bracket. $1,900 each $26,600.00
14-D-10 Floor stands $315.00 each $4,410.00
1 Freight to zip code 93257 by LTL service $1,030.00.

Total delivered cost $32,040.00
Shipping is typically 8-10 weeks ARO.

Terms are Net 30 days.

This quote is valid for 30 days.

We look forward to working with you in the near future.

Thank you,
Todd Cull
2330 Burlington
N. Kansas City, MO 64116
Ph. 816-421-8363
Fax 816-421-4735
Token Transit
2261 Market Street STE 5999
San Francisco, CA 94114
415-918-6770
Sales tax on Smart Cards
Quote
Submitted on 3/25/25
Token Transit Contact Project Name Quote For
To: Payment Term Quote Valid For
Description Qty Years Total price
Unit Price
Zack Browne
[email protected]
608-770-5514
Fare Collection with Token Transit Token Transit Smart Cards Porterville Transit Net 30 days 30 Days
$4 10,000 N/A $40,000.00
$3,700.00
Smart Cards (One-Time Cost) - Graphic Front
Smartcard, NXP Mifare Ultralight AES
144byte, PVC, CR-80 Size, 4/1 Custom
Artwork, QR
Includes: production, encoding, printing,
and shipping of Token Transit Smart Cards.

Approved Name/Title:

Approved Date:

Signature:

Total $43,700.00
© 2024 Masabi - All Rights Reserved
Porterville Transit
Fare Collection System Proposal
March 31, 2025
© 2025 Masabi - All Rights Reserved
Table of Contents

1. Masabi’s Background.................................................................................................................................3

2. Masabi’s Solution........................................................................................................................................4

2.1. The Justride Platform...........................................................................................................................4

2.2. Platform Components.......................................................................................................................... 5

2.3. Platform Component Details................................................................................................................ 8

2.3.1. Rider App.................................................................................................................................... 8

2.3.2. Visual Validation........................................................................................................................ 11

2.3.3. Electronic Validation..................................................................................................................12

2.3.4. Rider Portal............................................................................................................................... 12

2.3.5. Retail Sales Portal.....................................................................................................................13

2.3.6. Back Office Administration and Reporting................................................................................ 14

2.3.7. Retail Network...........................................................................................................................18

2.3.8. Partner Portal............................................................................................................................ 19

2.3.9. Account-Based Ticketing...........................................................................................................20

2.3.10. Account-Based Ticketing (ABT) on the Justride Platform....................................................... 22

2.3.11. Near-field Communication.......................................................................................................23

2.3.12. Smart Cards............................................................................................................................ 23

2.3.13. OPTIONAL Open Payments................................................................................................... 23

2.3.14. Data Integration.......................................................................................................................24

2.3.15. CAD/AVL Integration............................................................................................................... 24

2.3.16. On-Demand Service Integration..............................................................................................25

3. Price Proposal...........................................................................................................................................27 Porterville Transit Fare Collection System 2

1. Masabi’s Background
Since its foundation as a mobile payments company in 2001, Masabi has pioneered software innovations in the public transit ticketing and fare payments space. In 2007, Masabi launched the industry’s first mobile QR-based ticketing system with Chiltern Railways in the UK; Masabi went on to design the QR barcode scheme used across UK Rail services to enable all rail operators in the country to use a secure barcode standard system. This allowed riders to use a single mobile ticket on a journey involving multiple rail operators. Since then, Masabi has designed, implemented, and operated over a hundred fare collection systems for transit authorities, operators, and riders worldwide.

In 2012, Masabi launched the Justride platform to offer transit operators and authorities ticketing services on a common Software-as-a-Service (SaaS) platform. The first deployment of Justride was for the Massachusetts Bay Transit Authority (MBTA), the first mobile ticketing deployment in North America. The MBTA continues to use Justride for its mobile ticketing service, and today, customers buy over 70% of MBTA commuter rail tickets via the MBTA’s mTicket app.

From the start, Masabi’s mission has been to offer a more convenient, equitable, and accessible way for riders to pay for transit fares. Masabi’s experience in developing, implementing, and maintaining mobile fare payment applications utilizing the Justride platform has evolved extensively over the last decade to meet varying customers' needs. The scope of services required by Porterville Transit is a perfect fit for what Masabi has delivered and perfected in this market. If selected, Masabi has the product, expertise, and financial resources to complete the project on time and within budget.

Porterville Transit Fare Collection System 3

2. Masabi’s Solution

2.1. The Justride Platform
Masabi’s Account-Based platform is offered as a Software-as-a-Service (SaaS) model and is based on a scalable architecture to support highly redundant and resilient fare management services for metropolitan transit agencies. The solution utilizes a combination of cloud hosting on Amazon Web Services (AWS) infrastructure with multi-layered load balancing, immediate scalability, and high availability. The infrastructure that hosts Justride is maintained by Amazon in its datacenter facilities.

The Justride platform ensures data security through the most recent payment industry and government standards. It is PCI DSS 4.0 certified for unlimited transaction volumes. Masabi is governed by the GDPR and is certified for SOC2 Type 1. The AWS facilities hosting the Justride backend are continuously audited, with certifications from accreditation bodies across geographies and verticals, including SOC1/SSAE 16/ISAE 3402, SOC2, SOC3, and ISO 9001/ISO 27001.

The two main rider interfaces to interact with the system are the Justride Rider App and Rider Portal website, both featuring Porterville Transit branding and a complete mobile ticketing experience. The Rider App can provide links to third party journey planning apps. As an option, Masabi can offer its pre-integrated Rider SDK in Transit App so that customers can plan and pay for their trips in one app.

The agencies manage the platform through the Justride Hub, which offers tariff administration, customer services, validation hardware management, reporting, and analytics. The full Justride system functionality is accessible via a Web interface according to the configured role-based permissions.

Justride Account-Based Ticketing supports a flexible fare engine that includes the ability to offer fare capping across different token types. This means riders no longer need to buy a ticket in advance or understand fares before traveling, as they would be charged the most favorable fare within the tariff based on their actual usage of services. Riders can move around the transit system, securely identifying themselves during each journey stage (by scanning a barcode or tapping a smartcard or credit card), with each journey either paid for directly after or authorized via an already-acquired pass.

The Justride platform will provide Porterville Transit riders with a full array of modern fare payment options. Riders can purchase tickets and pay for rides using a wide range of sales channels. They can use whatever they have at hand as a travel token: a mobile phone, a smart card, a credit or debit card, a student ID card, a wearable device such as a smartwatch, or traditional printed tickets. They can purchase their fares using cash, credit/debit cards, or a mobile wallet such as Apple Pay or Google Pay. Fares can be purchased without account creation. The system will electronically validate any of the token types using Masabi’s onboard validators, and Justride’s intuitive back office tools will provide robust management capabilities and live data insights.

Porterville Transit Fare Collection System 4

2.2. Platform Components
The following platform components will fulfill the system requirements of Porterville Transit.

Component Description
Account-Based Ticketing System with Smart Cards and Optional Open Payments Mobile Application
The Justride Rider App is an EZFare-branded mobile application for Android and iOS that customers can download for free from the Google Play Store or Apple App Store. It offers relevant fare media for fixed-route, paratransit, and on-demand services and allows customers to purchase selected tickets and products using various payment methods.

Electronic Validation
The Justride Validator offers an electronic validation mechanism enabling Porterville Transit raiders to validate fare validity for travel upon boarding the bus. Electronic validation is a prerequisite for Account-Based Ticketing (ABT) as it provides the means to calculate and charge fares automatically. The Justride Validator (JRV) is compatible for use in the Justride ABT system, offering fast, reliable, and robust validation solutions for mobile barcodes, smart cards, Contactless EMV, and paper barcode fare media.

Customer Website
The Justride Rider Portal allows customers to review past and current purchases and trips. It also allows customers to manage their accounts, purchase tickets, and add funds to stored value.

Retail Application
The Justride Retail Sales Portal allows customers to pay cash for fare media at Porterville Transit Transit’s customer service locations and third party retail locations and have mobile tickets or stored value loaded to the customers’ accounts.

Partner Portal
The Justride Partner Portal allows institutional, corporate, educational, and business customers to distribute tickets, passes, and discounts to their employees.

Porterville Transit Fare Collection System 5
Component Description
Retail Network
Masabi’s partnership with InComm Payments supports cash-preferred and cash-only customers by allowing customers to pay cash at retail outlets within the Transit Partners’ service areas (7-Eleven, CVS Pharmacy, Rite Aid, Speedway, Walgreens, etc.) and load stored value into their accounts.

Back Office
Administration &
Reporting
The agencies manage the platform through the Justride Hub, which offers tariff administration, customer services, device management, reporting, and analytics.

Account-Based
Ticketing
With Account-Based Ticketing, riders' fares and travel data are associated with a unique identifier, such as a mobile ABT barcode token linked to an account where funds and products used for travel are stored and managed. Riders don’t need to pre-purchase tickets before traveling in ABT systems and will benefit from fare capping, ensuring greater equity for everyone.

Near-field
Communication
The Near-field communication (NFC) capability on the Justride Validators enables riders to use smart cards as ABT tokens. Smart cards fare media is ideal for frequent and long-term riders. It also offers an alternative to mobile devices and the way to travel anonymously.

Smart Cards
Justride supports the use of MIFARE DESFire smart cards as ABT tokens for validation on Justride Validators. Smart cards can be linked to a rider account or used anonymously and provide the flexibility to load stored value funds or pre-purchased passes. Smart cards can also be printed with InComm Retail Network barcodes for easy cash loading at retail locations, enabling cash-preferred riders the full benefits of fare capping.

OPTIONAL
Open Payments
A cEMV bank card or a mobile wallet offers both a means to identify riders to the system and an instrument to charge them money, making it an ideal transit token for use with the Justride ABT system. Riders don't need to register an account before using their cEMV bank cards to ride.

Porterville Transit Fare Collection System 6
The following integrations will be possible as part of the Porterville Transit implementation.

Integration Description
Account-Based Ticketing System with Smart Cards and Optional Open Payments Data Integration
Masabi’s DataMart APIs offer the most flexible method of exporting data in near real-time from the Jutride back office into a business intelligence tool such as Tableau Online or other reconciliation software.

CAD/AVL Integration
Masabi will integrate with the agency’s TripShot CAD/AVL system, enabling correlating fare data with Route ID, Route Name, GPS location, Stop ID, Stop Name, Trip ID, and Vehicle ID.

On-demand Service
Integration
Masabi can work with on-demand service providers such as VIA to deliver an integration for mobile ticketing.

Porterville Transit Fare Collection System 7

2.3. Platform Component Details

2.3.1. Rider App
The EZFare Rider App mobile application for Android and iOS will allow customers to purchase and use any tickets or passes offered by Porterville Transit. The EZFare Rider App provides the following standard functionality:
● Purchasing fare products: Use Visa, Mastercard, American Express, and Discover credit, debit, and prepaid cards, as well as Apple Pay and Google Pay mobile wallets to buy tickets, passes, and add funds to stored value.
● Payment validation: Activate tickets stored in a secure mobile Ticket Wallet, scan barcode tickets or tokens on a validator, or present tickets for visual inspection.
● Account management: Create, manage, and delete accounts, and associate fare media with rider accounts, such as mobile devices and closed-loop smart cards.
● Account history: View purchase and travel history, such as Purchases, Passes Earned, Fare Corrections, Complimentary Credit, and Trip History.
● Accessing vital information: Receive notifications and access embedded content and links to externally hosted resources, including one or more trip planning applications.
● Offline functionality: Activate tickets in the Ticket Wallet without Internet connectivity.
● Current and past Android and iOS versions: The Justride Rider App is compatible with the current and two (2) previous versions of Android and iOS (i.e. N-2 lifecycle policy).

Purchasing Tickets
Customers can purchase any fare product offered by the agency.

Fare products: The app can be set up to offer single tickets and period passes, bought individually or in bulk, with a wide range of configurable features such as flexible refund policies, purchase windows, and validity options.

Payment methods: Riders pay with credit and debit cards, prepaid cards, and Apple and Google Pay mobile wallets. Justride supports a range of gateways and acquiring banks for processing payment cards.

Porterville Transit Fare Collection System 8
Purchase Flow
The figure below shows a sample purchase flow using the Justride Rider App.

Using Tickets
The rider’s most relevant tickets are available for quick access from the app’s home screen and a shortcut menu outside the app. Riders can see their recently used tickets inside the app and use the Rider Portal to review all transactions and purchase additional mobile tickets.

Inside the app, tickets are delivered to the Ticket Wallet, where they are stored offline for future use. When riders are ready to ride, they can activate one or more tickets directly from the Ticket Wallet.

When riders choose to use a mobile ticket, they simply have to ‘activate’ it. Activating the mobile ticket prevents it from being re-used. Once activated, the ticket displays the secure dynamic animation for visual validation, a dynamic barcode, and other interactive components as additional measures to protect against video recordings or screengrabs. Tickets prominently display their expiration time, ensuring customers know when to complete their trip.

Validating Multiple Tickets
When customers are ready to ride, they can activate one or more tickets directly from the Ticket Wallet. As part of the activation process, customers are asked to confirm activation to prevent duplicate activations. If a customer goes to activate a ticket while another ticket is already active, they will be asked to confirm their desire to activate another ticket. This enables group or family travel on multiple tickets at once.

Account-Based Ticketing Token
Riders can use mobile barcodes generated by the app as a means of securely identifying themselves to the system, as well as a source of funds to pay for journeys. The Justride platform supports Pay-As-You-Go (PAYG) travel both with mobile barcodes and closed-loop smart cards alike. In this model, the system Porterville Transit Fare Collection System 9
automatically grants the right to travel if a transit rider presents a mobile barcode or a closed-loop card with sufficient balance to a validator and the price for the right to travel is paid using the rider’s preferred payment method, prepaid balance, or prepaid purchase of a qualified fare product (e.g. monthly pass).

Justride Ticket Design
Masabi’s ticket design has been deployed with 125 agencies globally, processing over 75 million successful scans on a monthly basis.

Although ticketing screens are potentially complex, Justride simplifies the screen, supporting a standard flexible design. The consistent and clear ticket screens generated by Justride are easy to validate and have been designed to accomplish three things:
● Ensure quick and speedy boardings.
● Ensure no additional burden on the agency to distribute colors or words of the day to operators.
● Replicate the look and feel of existing physical tickets, if desired.

The tickets incorporate a visible visual validation mechanism and are dynamic and interactive to prevent screen grabs and video recordings.

Masabi embeds its secure barcode within the interactive component of the tickets, even for visual validation deployments, to provide an extra layer of security - the credible threat of inspection. The ticket face is designed to be distinctive with highly visible elements, allowing safe and reliable validation from a distance.

Justride mobile tickets contain a section of the screen that emulates paper tickets, including custom symbols based on ticket type. Key editable components of tickets that are supported are:
● A rectangular screen section supports configurable elements that can incorporate design cues from paper tickets, including custom symbols based on ticket type, thereby supporting customer and staff adoption.
● A choice of information to display within the ticket. ● Text color, style, and sizing for the ticket information Offline Functionality
Critically important for the viability of a mobile ticketing solution for public transit is allowing riders to use their tickets even when they do not have connectivity. This is particularly important for those riders who have smartphones but do not have data plans instead of relying on WiFi for connectivity. While buses may offer WiFi, connecting to WiFi while boarding the bus to activate a ticket is not a suitable solution for transit as it will increase dwell times and may not be reliable. Transit agencies need a solution Porterville Transit Fare Collection System 10
that allows riders to purchase tickets to be stored and activated without connectivity.

The Justride platform allows ticket activation offline to ensure that riders can still travel and access their purchased tickets immediately, even when a network connection is unavailable. This ensures fast boarding.

Ticket Wallet Security
The Ticket Wallet is the secure ticket vault where purchased fares are stored offline on the mobile device.

This Ticket Wallet enables riders to use tickets offline, something required in a transit scenario where cellular signal strength is not consistently reliable enough to enforce a mandatory connection back to the server before a pre-purchased ticket can be used, and trying to do so would result in significant customer problems.

To protect against dishonest riders, Justride apps implement a sophisticated multi-layer security approach to eliminate the main avenues for fraud: distributing tickets to multiple devices, manipulating the ticket data to change validity, and preventing ticket activation notifications from reaching the server.

This Ticket Wallet vault locks tickets to a specific mobile handset in a tamper-proof encrypted store.

Additionally, several cryptographic layers render ticket data unreadable by any other device, and digital signatures prevent users from modifying tickets.

Justride also provides robust security against various attacks that can be attempted against offline ticket usage. The server limits the number of times tickets can be moved between devices - or restored onto the same device after an application is reinstalled. On iOS, persistent storage is also used to ensure that all offline activation records are processed and sent to the server even after a reinstall on the same device.

2.3.2. Visual Validation
Justride tickets incorporate a visual watermark of animated elements following a cryptographically derived unpredictable sequence of colors, which inspection staff can use to confidently and quickly determine the authenticity of tickets without barcode scanning. The tri-color bar mechanism simultaneously displays the same three colors across all active tickets.

Porterville Transit Fare Collection System 11
The inspector will see a continuously changing sequence of colors on tickets and will immediately be able to spot any invalid ticket because the colors will not follow the sequence and will be different from all other tickets being validated, e.g., because the clock has been deliberately changed or the sequence shown is a recording of an earlier ticket. The colors also pulsate, and the handset’s current time scrolls over the colors, making it difficult for fraudulent use of static or video screen grabs.

By implementing rapid visual validation methods, staff members responsible for inspecting tickets can efficiently and securely onboard riders within a short period of time. This streamlined process ensures on-time departures and maximizes revenue by deterring fraudulent activities. By swiftly identifying suspicious tickets, crew members can prioritize their inspections, maintain operational efficiency, and contribute to a smooth and secure transit operation.

2.3.3. Electronic Validation
Electronic validation is a prerequisite for Account
Based Ticketing (ABT) as it provides the means to
calculate and charge fares. The Justride Validator
(JRV) is compatible for use in an integrated Justride
ABT system, offering fast, reliable, and robust
validation solutions for mobile barcodes, smart cards,
Contactless EMV, and paper barcode fare media. The JRV can be used onboard a wide range of transit vehicles, including buses. Embedded Justride validation software running on the JRV hardware checks fare media for authenticity, time/location validity, any refunds or cancellations, and compares relevant historical scans across the transit network to determine whether the fare is valid for travel.

A simple visual traffic-light system communicates validation results to the driver and rider, in addition to customized audio feedback for each colored screen, ensuring the validators can meet the needs of all riders, including those with visual or auditory disabilities. Every time a ticket or token is tapped or scanned on the validator, the screen shows one of three responses: Valid (green), Valid Discounted Fare (yellow), or Invalid (red). The yellow screen and corresponding sound indicate to the driver and rider that an ID or other proof of eligibility is required.

2.3.4. Rider Portal
The Justride platform includes a responsive, mobile-friendly, customizable Justride Rider Portal website that allows riders to purchase fares, monitor their travel and payment history, and more.

Porterville Transit Fare Collection System 12
Masabi will customize configurable elements of
the Justride Rider Portal as part of the deployment.

This will allow Porterville Transit to have the
desired look and feel of the agency’s website.

Colors, text, links, and images can be changed
according to the branding guidelines:
● Configure the brand colors
● Configure text strings on the site
● Configure images to be displayed
● Configure header/footer URLs
● Display the agency logo
The Justride Rider Portal website supports a subset of mobile application use cases:
● Create an account
● Sign in to an account
● Sign in with a supported third-party account
● Reset a forgotten password
● Save a payment card to their account during
ticket purchase (which can then be used in
the Justride app)
● Buy mobile tickets that can subsequently be
accessed in the Justride app
● Buy PDF tickets that can be printed (optional)
● Set up multi-factor authentication for the
account with email as a second factor
● View ticket receipts
● Register/link a smart card to an account
● View all travel tokens (smartcards,
barcodes, etc.)
● View the type of smart card, token
number/name, status (active, blocked)
● Add funds to a stored value account
● View stored value balance
● View the history of Actions (top-ups,
taps/scans, etc.).
● Request the deletion of an account

2.3.5. Retail Sales Portal
The Retail Sales Portal is designed as a lightweight
retailing interface for agency ticket offices and designated retailers to load stored value funds, sell smart cards, and sell tickets. The Portal is a Web-based tool designed to be an add-on to an existing cash register system,
meaning it assumes that the retailer has an existing
system in place for taking payments from the customers.

All sales data is collected inside the Justride Data
Warehouse, and various cash reports are available to ensure that all income can be tracked and, if used externally, collected from retailers.

Porterville Transit Fare Collection System 13

2.3.6. Back Office Administration and Reporting
The platform is managed through a web back office called the Justride Hub. This hub offers functionality that includes tariff administration, customer service, reporting, and analytics. Administrators can manage Justride Hub users by granting or removing authorization to access features and functionalities.

The Hub Customer Service tools enable support agents to handle ridership problems directly, allowing rapid access to a customer’s full history of purchases, tickets used, and payment sources, including Justride stored value accounts, if available.

The Customer Services module of the Hub enables Porterville Transit to accomplish the following:
● See customer account details
● Change customer account details
● Block/Unblock an account
● Block/Unblock a smart card
● Refund purchase to the payment card.
● Override recommended refund amounts
● Refunding canceled or inactive tickets
● Refunding specific monetary value
● Add complimentary funds to stored value
● Cancel the ticket with no money refunded
● Reactivate canceled or used tickets
● Issue complimentary tickets
● Bulk Issue of complimentary tickets
● Resend a purchase receipt for the tickets
● See the location where the user validated
the ticket
● Migrate a customer account and move
unused tickets to another account
● Export ticket details to a CSV file.

Hub users can manage discount products and link customer accounts or tokens to ‘entitlements’ that allow them to purchase discount products. This allows Customer Service representatives to permit riders to see these ‘restricted’ fares in their Justride Rider App or Transit App. Customer Service can easily add an ‘entitlement’ to any customer by completing the modal dialogue form:

When dealing with mobile ticketing customers, agents can cancel tickets, issue refunds, issue complimentary tickets, reactivate expired tickets, migrate tickets to a new mobile device, manage stored value, manage discounts, and more.

Porterville Transit Fare Collection System 14
The Justride platform records a vast amount of operational data in real time, which is made available through multiple channels for report-making and problem-solving. Reporting analytics are readily available to authorized users through four channels in the Justride Hub:
● Pre-built reports: Users can access pre-built reports using a calendar function. These reports cover various aspects such as ticket sales, activation, validation, account usage, and system activity audit trails. Each report includes executive summaries and line-by-line data reports. ● Data visualizations dashboard: Users can view robust and configurable data visualizations in a dedicated dashboard. The dashboard helps agencies view and understand their ridership and revenue data in a more accessible and comprehensive manner. The Justride Hub analytics tool offers a range of web-based graphical analytics, providing an intuitive interface to drill down for more information.
● Raw table downloads: For ad hoc analysis, the Hub's direct download functionality allows managers to extract CSV files of raw data from individual Data Warehouse tables between date ranges, customizing which fields are present. Staff can use the Download Data Extracts page if an agency needs a customized, detailed data output.
● API extraction: The Datamart API provides a full set of RESTful APIs for accessing raw data from the Warehouse. The Justride Data Dictionary describes the full schema, which Masabi makes available to its client agencies.

The table below summarizes the pre-built reports available in the Justride Hub.

Name Summary
Financial
Payments Raw Details all payment transactions, including failures.

Purchase Tickets Raw Details all the tickets created through purchases.

Refunds Raw Details all refund transactions, including failures.

Ticket Transitions Raw
Details all tickets that have been refunded, canceled,
migrated to a new account, switched to a new device or
reactivated.

Partner Tickets Purchase Raw
Details the total number and value of tickets issued per partner and product.

Partner Issued Products Details all issued products per partner and product.

Partner Managed Accounts Details all managed accounts per partner.

Partner Trips Activations Details all activated products per partner and product.

Porterville Transit Fare Collection System 15
Name Summary
Partner Portal Activity Details Details all Partner Portal activities per partner per user.

Vendor Portal Ended Sessions
Details the Vendor Portal session start and end times, with usernames and fee and transaction details.

Stored Value Funds Added Raw
Details all SV added funds actions, amounts added as well as the reload/top-up channels with funding sources.

Stored Value Events Raw Details all SV account actions with amounts.

Usage
Activations Raw Details all customer activation events.

Activations Summary Details the total number of activations.

Activations Summary by Date Details the number of activations per product, per date.

Activations Summary by Time of Day
Details the number of activations per product, per time of day.

Token Trips Raw
Details all trips per each token ID, with fare block and product details.

Validation
Scans Raw Details all Inspect scan events
Scans Summary Details the total number of scans
Scans Summary by Date Details the number of scans by date Scans Summary by Ticket Type Details the number of scans by product name Scans Summary by Time of Day Details the number of scans grouped by hour of the day Scans Summary by User
Details the number of scans each validation user (this can be a machine) has scanned
Staff Activity
All Actions Summary Details the total customer interactions.

All Actions Overview Details the total actions per each individual action type.

All Actions Raw
Details all staff actions with all action details. Users can filter on 'Module' to distinguish between Customer Service (CS) and Revenue Related (HB) actions.

Below are some examples of ridership reports available in the system. In addition, the Hub Analytics Dashboards in the Hub show various aspects of ridership data, such as total ridership and new accounts created. Users can view the raw data underlying the dashboard by downloading the relevant tables from the Hub’s Download Data Extracts feature.

Porterville Transit Fare Collection System 16
Ridership Dashboard
Scans Dashboard
Porterville Transit Fare Collection System 17
Activated Journeys Report.

2.3.7. Retail Network
Masabi has partnered with InComm Payments, a
leading global payments technology company, to
utilize their existing retail network to top-up riders’ stored value accounts (SVA) using InComm
Payments’ Vanilla Direct cash-in payment platform.

Riders can visit any participating retail outlet to preload cash onto their stored value accounts. Retailers add credit to riders’ accounts by accepting a cash payment and scanning the barcode in the user’s app or printed in their smart card. Riders can then use the cash deposited to use their Justride Stored Value Account to use with any tokens associated with the account or to purchase tickets in advance.

InComm Payments retail network will provide cash-preferred customers to pay cash at over fifty (50) retail outlets within Porterville Transit (7-Eleven, Bashas’, CVS Pharmacy, Circle K, Dollar General, Family Dollar, Kum & Go, Kwik Trip Inc, Nouria Energy, etc.) and load stored value into the customer’s Justride account.

Porterville Transit Fare Collection System 18

2.3.8. Partner Portal
The Partner Portal is a platform for institutional account management, offering streamlined operations for transit agencies and their partner organizations, such as universities, social service agencies, and major employers in the region. Agencies can authorize partner organization administrators to issue passes to rider tokens, effectively meeting use cases such as employee transit benefits or university student semester passes. Agency institutional partners have the ability to issue fares in multiple forms, including mobile tickets, passes to ABT tokens, and printed tickets. These can be administered individually or in bulk, offering versatile solutions for different rider needs.

Porterville Transit Fare Collection System 19

2.3.9. Account-Based Ticketing
Account-Based Ticketing (ABT) is an innovative approach to fare collection that has seen an increase in adoption in recent years. It represents a shift from traditional ticket-based and card-based systems and towards a more flexible and customer-centric approach. With Account-Based Ticketing, riders' fares and travel data are associated with a unique identifier, such as a mobile ABT barcode token or a smart card linked to an account where funds and products used for travel are stored and managed. Riders don’t need to pre-purchase tickets before traveling in ABT systems. Additionally, agencies can offer their riders the convenience of using their Contactless EMV (cEMV) credit and debit cards to travel, making it more convenient to choose transit.

Riders are provided with the convenience and flexibility of using a variety of Contactless EMV Tokens as fare media, including their bank card or their NFC-enabled mobile device or wearables. In this case, Justride looks for the best fare available to the rider, and payment is made using a rider’s contactless EMV card or digital token accessed through a mobile device. Funds are taken directly from the rider’s bank account rather than their stored value account.

Porterville Transit Fare Collection System 20
Justride’s ABT capabilities bring new convenience and equity to riders, while agencies benefit from better flexibility, lower cash usage, and cooperation with regional agencies.

Rider Benefits
● Convenience: Instead of evaluating a tariff, making a guess about their expected travel, and hoping they select the correct fare, ticketless validation means riders can simply tap or scan their token as they board, resting assured that they will only pay for the journeys they actually take. ● Equity: Justride’s ABT platform supports equity through several key capabilities. Fare capping removes the upfront cost of daily, weekly, and monthly passes, ensuring all riders benefit from the same discounts, regardless of their ability to pay in advance. Masabi’s partnership with InComm’s cash digitization retail networks provides convenient locations that accept cash to load stored value onto rider accounts. Family accounts allow dependents to travel using stored value in an account managed by a family member, promoting independence.

Agency Benefits
● Operational Flexibility: Because the back office is the source of truth rather than a smart card, the Justride ABT platform allows flexible changes to complex tariffs. ABT on Justride also reduces the complexity required for the token and validators, reducing agency costs and making it easier to switch out components as needed. Finally, institutional partners can self-manage ABT accounts, tokens, and stored value through the Justride Partner Portal. ● Reduced Cash Usage: The Justride ABT platform gives riders attractive alternatives to using cash on board, including mobile ABT barcodes, ABT smart cards, and partner institution ID cards.

Unbanked and underbanked riders can digitize cash offboard at ticket offices, TVMs, and hundreds of local retailers. Justride is the first fare payment platform to enable a North American agency to eliminate cash on board permanently. Greater Dayton Regional Transit Authority (GDRTA) retired onboard fareboxes in November 2021, leading to a 50% drop in the total cost of fare collection. ● Multi-Agency Support: Justride supports multi-agency ABT, allowing riders to travel seamlessly across different transit agencies without pre-purchasing tickets for specific agencies. This capability, which separates regional and agency-specific functions, makes Masabi the preferred choice for multi-agency ABT solutions
Porterville Transit Fare Collection System 21

2.3.10. Account-Based Ticketing (ABT) on the Justride Platform ABT enables a multitude of flexible fare policies.
● Ticketless Validation: “Ticketless Validation” is a model in which riders pay for their transit ride as they travel instead of pre-purchasing traditional tickets or passes in advance. This system offers convenience and flexibility to riders, as they only pay for the journeys they take, without the need to determine what travel they intend to make and pre-purchase the appropriate pass or ticket before traveling. In this model, the rider does not need to know the exact fare before riding. Based on rules defined by the transit agency, the Justride Fare Engine looks for the best fare available to the rider each time they travel.
● ABT Products: Although agencies often implement ABT to offer a ticketless validation experience, Justride allows agencies to continue offering pre-purchased passes on the ABT platform as well.

This approach supports riders who prefer the predictability and familiarity of purchasing products in advance. It allows them to purchase some long-term passes unsuitable for fare capping, like semester passes and annual passes. For agencies, pre-purchased passes offer upfront revenue. ● Fare Capping: Fare capping promotes social equity by removing the upfront cost of recurring transit passes. If configured, fare capping ensures the rider is always charged the lowest amount defined in the tariff rules for their recent travel history. This allows regular riders to benefit from the discounted price of a day pass or monthly pass, even if they cannot afford to purchase it upfront.

Justride supports many fare cap structures, including flat caps, monthly caps, rolling period caps, multiple caps, and tiered caps.
● Discounts and Restricted Fares: Justride allows managing access to eligibility-restricted products, including discounted fares, special event fares, and fares for special rider groups. Justride offers both self-service and agency-managed verification for eligibility restrictions. Justride offers flexible ways for riders or agencies to add restrictions and prove eligibility, including self-service verification, agency-supported verification, and external verification through APIs.

Porterville Transit Fare Collection System 22
● Multi-Agency Platform: Uniquely in the industry, Masabi offers native support for regional expansion as a multi-agency ABT platform. The Justride platform’s two-level hierarchical structure differentiates between regional-level and individual transit agency functions. With the implementation of ABT across multiple agencies, riders can freely travel on all ABT-supported agencies without pre-purchasing tickets or considering which agency bus they are boarding. ● Family Accounts: Many riders rely on someone else to purchase fares and manage accounts for them, including children, some disabled adults, and some seniors. Instead of waiting for their provider to replenish their account at a ticket vending machine or agency ticket office, Justride allows dependents to access a central stored value account managed by the provider. This means all family members can travel without waiting for someone else to purchase their ticket.

2.3.11. Near-field Communication
Masabi’s Account-Based Ticketing model enables the riding public to use Near-field communication (NFC) smart cards alongside pre-purchased mobile tickets. To enable smart card support, Masabi will implement the NFC capability on the Justride Validators and enable riders to use smart cards as ABT tokens for travel.

Tapping an eligible smart card on the validator will provide a ‘valid’ (green) result. If the card doesn't have funds or travel passes loaded in the associated Jsutride account, the validator will provide an ‘invalid’ (red) result.

2.3.12. Smart Cards
Ideal for frequent and long-term riders, extended-use smart cards provide the flexibility to load stored value funds or pre-purchased fares. These cards offer agencies maximum security and advanced encryption techniques, safeguarding against cloning and fraud. Masabi recommends that MIFARE DESfire smart cards be used as extended-use fare media. The DESfire EV3 card version is recommended for maximum security, flexibility, and future compatibility.

2.3.13. OPTIONAL Open Payments
Contactless EMV (cEMV) is a global standard that supports contactless payments. The term “Open Payments” denotes integrating contactless payment methods within public transit systems, enabling riders to use various forms of contactless payment, such as credit or debit cards and mobile wallets, to pay for transit services.

With Open Payments, riders can pay by tapping their contactless bank cards or NFC devices on a validator. Contactless EMV provides a seamless payment experience that ensures rapid transactions that are crucial for both customers and operators.

Porterville Transit Fare Collection System 23
The Justride platform accommodates the full range of Open Payments using physical bank cards and mobile wallets. A cEMV bank card or a mobile wallet offers both a means to identify riders to the system and an instrument to charge them money, making it an ideal transit token for use with the Justride Account-Based Ticketing system. Riders don't need to register an account before using their cEMV bank cards to ride, and the same fare-capping rules are applicable independently, regardless of whether an account has been registered or not.

Masabi designed its Justride Validator (JRV) and platform validator (JRPV) hardware to accept Open Payments. The validators will facilitate accepting and processing contactless taps, with the Justride platform responsible for trip construction and fare calculation. Fares are automatically calculated based on rules defined by the transit agency. Riders only pay for their journeys without the need to determine what travel they intend to make and pre-purchase a pass or ticket before traveling.

Masabi provides transaction aggregation processing for EMV according to payment industry standards.

Justride's EMV system does not capture the money immediately but instead holds the charges open to aggregate multiple journeys into a single payment. This approach reduces the total cost of payment processing for Open Payment transactions by minimizing the number of transactions and reducing how often the fixed transaction fee is paid.

2.3.14. Data Integration
All data collected by the system is stored in the Justride Data Warehouse and always remains the sole property of the agency. While the Justride Hub offers many reporting options sufficient for most agencies, Masabi’s DataMart APIs offer the most flexible method of exporting data in near real-time from the Jutride Hub back office into a business intelligence tool such as Tableau Online or other reconciliation software.

Masabi’s DataMart APIs offer the most flexible method of exporting data in near real-time from the Hub back office into a business intelligence tool or other reconciliation software. All agency data held in the Justride Data Warehouse can be exported via Justride’s DataMart APIs JSON format. These RESTful APIs allow an agency to export data to populate other data warehouse systems, such as financial reporting tools, or import data into Business Intelligence tools to conduct analytics.

2.3.15. CAD/AVL Integration
To integrate the agency’s CAD/AVL system, Masabi proposes a server-side AVL integration with the agency’s TripShot system by ingesting the GTFS-Realtime feed into Justride. This approach relies on an industry-standard feed, which is both agnostic to the AVL vendor and more cost-effective to the agency.

Justride can attach route and stop information from the vehicle’s TripShot CAD/AVL system to scans recorded by the validator. This integration provides consolidated location and ridership data that can help Porterville Transit Fare Collection System 24
agencies learn about ridership patterns and customer preferences to drive improvements in operations and long-range planning. Depending on the source, captured data fields can include:
● Vehicle position timestamp
● Route ID
● Route Name
● Latitude
● Longitude
● Stop ID
● Stop Name
● Trip ID
● Vehicle ID
To append AVL data to the fare payment transactions generated by the fare engine, Masabi uses a server-side integration with an agency’s GTFS-Realtime feed rather than through a local integration with the CAD/AVL system. Integrating with an industry-standard feed offers several advantages over directly integrating with the AVL system. Because GTFS-Realtime is a near-ubiquitous industry standard, this integration is the same across all CAD/AVL providers, reducing the effective effort compared to a bespoke integration and reducing this integration to configuration and testing.

2.3.16. On-Demand Service Integration
Masabi can work with on-demand service providers such as VIA to deliver an integration for mobile ticketing. The following sections describe different ways on-demand services can integrate with Justride.

Mobile Ticketing
Porterville Transit can work with VIA to make pre-purchase on-demand tickets available to the public via mobile applications. This approach provides a simplified rider experience: a rider books the on-demand service and pre-purchases a ticket. The ticket can be activated when boarding and shown to the driver for visual validation or validated against an onboard inspection device.

The rider would use the Justride Rider App or the VIA on-demand app that integrates Masabi’s Rider SDK to make Justride ticketing functionality available in the on-demand service scheduling app. Masabi will provide its Rider SDK to allow VIA to embed the Justride ticketing into its mobile application. The SDK handles all interaction back to Justride and displays any mobile tickets bought by the rider.

When a rider is ready to travel, they activate one or more tickets, which ‘stamps’ the ticket, preventing re-use. Once activated, the ticket displays a secure time-based animation for visual validation by the operator staff and a 2D barcode for secure scanning on an on-board validator or by the driver.

Account-Based Ticketing
Porterville Transit could extend a rider’s existing ABT token to travel on on-demand vehicles. In this scenario, an onboard validator or an inspection app would validate the token.

Riders would book a trip using the existing process. When the rider is picked up, the fare media is validated using an inspection device. This scan triggers sending a “virtual tap” to the Justride back office. The trip cost is deducted from the associated stored value account or charged to the open-loop payment mechanism.

Porterville Transit Fare Collection System 25
If Porterville Transit wanted to extend open-loop payments to paratransit riders, each vehicle would require a Contactless EMV-compatible validator.

Stored Value Integration
A Stored Value Account is a transport credit balance held in Justride against a rider’s account that the rider can use to pay for travel later. VIA can integrate Justride API into the Stored Value Account (SVA) of the rider booking the journey. VIA will provide the booking and scheduling solution and take payment at the time of the booking. The advantage of this approach is that it offers a single stored value account across the operator's regular and on-demand services.

VIA could also take payment from the rider’s SVA only when the rider takes the trip. This relies on the VIA, allowing a driver to input that the rider has boarded the vehicle and the trip has started.

To address the issue of on-demand buses lacking a communication method between drivers and the booking system, a suggested solution from Masabi is to facilitate payment at the time of booking using Stored Value. This approach ensures that the rider's payment is processed, mitigating the risk of insufficient funds upon the driver's arrival at the pickup spot. In case of a bus or journey cancellation, a refund can be provided to the rider, thus maintaining a fair and convenient payment process for both parties involved.

Implementing this system eliminates unnecessary inconveniences and complications, enhancing the overall efficiency and reliability of the on-demand services.

Porterville Transit Fare Collection System 26

3. Price Proposal
The table below provides the price breakdown for implementing and operating Porterville Transit's Justride fare payments platform. All prices are in USD.

UC Upfront Costs Quantity Unit Price Extended Price (USD) DS Deployment Services Quantity Unit Price Extended Price

1.0 Project Delivery Services

1.01 Project Management and Training
Mobile + Electronic Validation + ABT 1.00 80,000.00 80,000.00

1.01 Subtotal Project Management and Training 80,000.00

1.0 Subtotal Project Delivery Services 80,000.00
DS Subtotal Deployment Services 80,000.00
BI Integrations Quantity Unit Price Extended Price

2.0 Integrations and Configuration

2.01 GTFS AVL Data Ingestion
Developer 6.00 1,450.00 8,700.00

2.01 Subtotal GTFS AVL Data Ingestion 8,700.00

2.02 SAMs Configuration and Initialization
Developer 8.00 1,450.00 11,600.00
Launch Ops Analyst 1.00 1,340.00 1,340.00

2.02 Subtotal SAMs Configuration and Initialization 12,940.00

2.0 Subtotal Integrations and Configuration 21,640.00
BI Subtotal Integrations 21,640.00
EV Electronic Validation Quantity Unit Price Extended Price

4.0 Base Electronic Validation Equipment

4.01 On-board Validation Hardware
JRV Validator 14.00 1,300.00 18,200.00
JRV standard stanchion 14.00 190.00 2,660.00
JRV Validator - spares 1.00 1,300.00 1,300.00
JRV Validator - UAT unit 1.00 1,300.00 1,300.00
JRV Validator - UAT - Mounting Kit 1.00 260.00 260.00
SAM Modules 16.00 25.00 400.00
Standard JRV Cabling 16.00 180.00 2,880.00
Porterville Transit Fare Collection System 27
Shipping 16.00 95.00 1,520.00

4.01 Subtotal On-board Validation Hardware 28,520.00

4.02 JRVs Commissioning and Installation Support
JRVs Commissioning and Installation Support 14.00 250.00 3,500.00

4.02 Subtotal JRVs Commissioning and Installation
Support
3,500.00

4.0 Subtotal Base Electronic Validation Equipment 32,020.00 EV Subtotal Electronic Validation 32,020.00
EVI Electronic Validation Installation Quantity Unit Price Extended Price

5.0 Installation Electronic Validation

5.01 Onboard Validation Installation Services
Mobilization - Technician 3.00 1,700.00 5,100.00
Installation of one JRV 14.00 560.00 7,840.00

5.01 Subtotal Onboard Validation Installation Services 12,940.00

5.0 Subtotal Installation Electronic Validation 12,940.00 EVI Subtotal Electronic Validation Installation 12,940.00 UC Subtotal Upfront Costs 146,600.00
UOP Upfront Optional Costs Quantity Unit Price Extended Price (USD) FM Riders Fare Media Quantity Unit Price Extended Price

6.0 Fare Media

6.01 Extended-Use Fare Media
Smart card initial sample stock (maximum 100
test cards, one type), including programming and
shipping, if ordered in advance

1.00 5,000.00 5,000.00
Smart card initial stock (5,000 batch rate, one
card type), including programming and shipping
5,000.00 3.42 17,100.00

6.01 Subtotal Extended-Use Fare Media 22,100.00

6.0 Subtotal Fare Media 22,100.00
FM Subtotal Riders Fare Media 22,100.00
UOP Subtotal Upfront Optional Costs 22,100.00
Porterville Transit Fare Collection System 28
OPEX Operational Costs Quantity Unit Price Extended Price (USD) Y1 Annual Operational Costs

6.02 Transaction Revenue Share Estimate
Transaction Revenue Share Estimate 300,000.00 1.50% 4,500.00

6.02 Subtotal Transaction Revenue Share Estimate 4,500.00

6.03 Platform Maintenance and Support NEORide
Tier 4
Justride Platform Maintenance and Support Fee
for Mobile + Electronic Validation + ABT

1.00 6,000.00 6,000.00

6.03 Subtotal Platform Maintenance and Support
NEORide Tier 4
6,000.00

6.04 Retail Networks Sales Channels Costs
InComm Retail Network Transaction Fee 5.0% TBD

6.04 Subtotal Retail Networks Sales Channels Costs
Y1 Subtotal Annual Operational Costs 10,500.00
OPEX Subtotal Annual Operational Costs 10,500.00
All Goods and Services included in this Sales Quotation are subject to the Software as a Service and Hardware Agreement entered into between Masabi LLC and the NEORide Council of Governments dated 8 March 2024.

Porterville Transit Fare Collection System 29
Token Transit
2261 Market Street STE 5999
San Francisco, CA 94114
415-918-6770
Zack Browne
[email protected]
608-770-5514
Fare Collection with Token Transit Ticketing, Validators (Hardware & Software), Integrations
Porterville Transit 3 Years N/A
$2,500.00 1 1 $2,500.00
Implementation of Agency details in mobile app Included Customer Success: onboarding Included - - -
$2,500.00 1 1 $2,500.00
Maintenance & Support of Token Transit app Included - - - Data & reporting (Token Transit Portal) Included - - -
Unlimited fare modifications Included - - -
Support for promotional, reduced, or discounted fares
Fare capping Included - - -
10% of transaction for transactions greater or equal to $2.00; $.06 + 7% for transactions less than $2.00
Fare payment processing of mobile and physical fares Included - - - Send-a-pass and Community Pass Program functionality Included - - - Included - - -
Customer Success: ongoing support Included - - -
$5,000.00 1 1 $5,000.00
Integrations with Transit, Moovit, and Citymapper Included - - Total units for existing fleet $2,000.00 14 1 $28,000.00 10% spares + 1 demo unit $2,000.00 2 1 $4,000.00
Flat surface cradle mount & power cord extension for demo unit $500.00 1 1 $500.00 Sales tax for Hardware Validator (One-time cost) $3,006.25 * Includes 5 year warranty & mounting kit - - -
$1,300.00 14 1 $18,200.00
On-site survey Included - - -
Rider Support: front line for rider support
Quote
Submitted on 4/01/25
Token Transit Contact Project Name Quote for
To: Project Term Length Start Date
Quote Valid Until Payment Term
Description
Unit Price
(USD) Qty Years Total price
June 30, 2025 Upfront net 30 days for one-time costs; net 30 days of service launch date for recurring costs
Mobile Ticketing Implementation (One-time cost)
Mobile Ticketing Software Maintenance and Support (Annual recurring cost)
Mobile & Physical Ticketing Payment Processing & Customer Support OPTIONAL: Trip Planning App Integration (Annual recurring cost) Hardware Validator (One-time cost)*
Hardware Installation (One-time cost)
On-site installation Included - - -
Custom mounting hardware Included - - -
$850.00 14 1 $11,900.00
Maintenance & Support of Token Transit Validator software Included - - - Data & reporting for validations (Token Transit Portal) Included - - - Hardware management and monitoring dashboards (Token Transit Portal) Included - - - Customer Success: install management, implementation, and ongoing support Included - - - Year 1 (One-time costs)
Year 1 (Recurring costs)
Year 2 (Recurring costs)
Year 3 (Recurring costs)
Token Transit
2261 Market Street STE 5999
San Francisco, CA 94114
415-918-6770
Hardware Validation Service (Annual recurring cost)
Yearly totals
Total for 3 Years
Please provide contact information for the shipment of hardware validators.

Shipping Address
Name of the person in charge of receiving the shipment
Email of the person in charge of receiving the shipment Phone number of the person in charge of receiving the shipment $56,206.25
$19,400.00
$19,400.00
$19,400.00
$114,406.25
CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Enter into a Five-Year Lease Agreement with Flock Safety for Four Additional Automated License Plate Reader (ALPR) Cameras SOURCE: Police
COMMENT: In 2022, the Porterville Police Department deployed twelve (12) Automated License Plate Reader (ALPR) cameras through a lease agreement with Flock Safety. These solar-powered, real-time cameras have enhanced the Department’s ability to investigate and deter crime, particularly vehicle thefts and property-related offenses. The Flock system also integrates with the Department’s existing Axon body-worn camera platform, providing a cohesive toolset for modern policing.

The system has yielded multiple investigative leads and arrests, including recovery of stolen vehicles and identification of suspects in property crimes. Its Vehicle Fingerprint™ technology and access to a statewide and nationwide law enforcement network make it a high-value tool for the Department.

Due to continued success, staff recommends expanding the program by leasing an additional four (4) ALPR cameras. This expansion will bring the City’s total deployment to sixteen (16) units, improving coverage in high-traffic and high-crime areas as identified through data analysis and operational need.

Funding in the amount of $60,000 ($12,000 per year over five years) has been secured and approved by the AB286/AB183/DMV Auto Theft Governing Control Board. The City has also negotiated a $7,600 discount through the new co-termed agreement with Flock Safety, bringing additional value to the investment.

The Master Services Agreement and updated Order Form are included as attachments. This contract is proposed as a sole-source procurement, as Flock Safety is the exclusive provider and manufacturer of the integrated ALPR system currently in use by the Department.

RECOMMENDATION: That the City Council:

1. Authorize the Police Department to enter into a co-termed five-year lease agreement with Flock Safety for the installation of four (4) additional ALPR cameras, increasing the total number of deployed cameras to sixteen (16), in the amount of $60,000 over five years; and

2. Authorize the Chief of Police or designee to execute all necessary documents and make payments in accordance with the contractual terms.

ATTACHMENTS: 1. Auto Theft Money Request (FLOCK project)TCCA

2. Flock Safety Agreement (2025)

3. Flock Master Services Agreement (2025)
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Richard Tree, Interim City Manager

Flock Safety + CA - Porterville PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Caroline Fraher
[email protected]
310-844-3659

EXHIBIT A

ORDER FORM
Customer: CA - Porterville PD Initial Term: 60 Months
Legal Entity Name: CA - Porterville PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 350 N D St Porterville, California 93257 Billing Frequency: Annual Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $48,000.00
Flock Safety Platform
Flock Safety Platform - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 12 Included
Flock Safety LPR, fka Falcon Included 4 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Advanced Implementation
Fee $0.00 4 $0.00
Subtotal Year 1: $48,000.00
Annual Recurring Subtotal: $48,000.00
Discounts: $7,600.00
Estimated Tax: $0.00
Contract Total: $240,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Special Terms:
• This Agreement supersedes any and all previously executed agreement between the Parties, relating to the provision of services by Flock to Customer and any exhibits attached thereto or incorporated therein by reference. Upon execution of this Agreement, all previously executed agreements pertaining to the Services provided shall run coterminous with the Term of this Agreement. In the event of any overlap in subscription terms and prior invoices, payments will be provided in pro rata credit. Any estimates provided on credits are subject to change based on execution of new contract.

Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $48,000.00
Annual Recurring after Year 1 $48,000.00
Contract Total $240,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $7,600.00
Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Flock Safety Platform - Essentials
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.

Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Professional Services - Advanced
Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.

Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.

Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.

Law Enforcement Network Access
The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI's National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.

Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock camera
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Porterville PD
By:
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By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
1 Master Services Agreement
Agreement
Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA Flock Customer Party
Parties . This Agreement is effective on the date of mutual execution Effective Date Order Form
Flock Services to be performed and the period for performance, attached hereto as Exhibit A. RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution image, an Notifications
WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 Agreement
and conditions, and any document therein incorporated by reference in section 11.4.

1.2 Anonymized Data
any potential personally identifiable information, by commercially available standards which 2 irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 Authorized End User(s)
Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 Customer Data , and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.5 Customer Hardware means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

Effective Date means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 Embedded Software
or installed on the Flock Hardware or Customer Hardware.

1.8 Flock Hardware pole, clamps, solar
panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 Flock IP the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.10 Flock Services
awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 Footage ages, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.12 Integration Data
integration.

1.13 Installation Services
Services.
3 1.14 Permitted Purpose means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.15 Retention Period means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.16 Term stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.17 Web Interface
Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End User
ID zed End Users.

Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
4 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as ).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems services to its agencies, s or services,
Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption.
the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Service Interruption
Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.

Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. ny Authorized End
the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of 5 Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any Service Suspension
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable 6 Flock to perform Services (such obligations of Customer are collectively defined as ).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ( ). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned 7 license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party Receiving Party Disclosing Party
or may
Proprietary Information
Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally 8 available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose directly or
indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber,

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, 9 preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 10 7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Term Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a Renewal Term -renewal at least thirty
(30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty Cure Period terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a Defect
Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or 11 testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCR
FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED

DISTRIBUTION IS AT CUSTOMER FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE

SERVICES ARE PROVID

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.
12 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS 13 NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or tion of Flock Hardware, except for
where such damage or injury was caused solely by the negligence of the Customer or its agents, paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at the right to enforce any other legal remedy or right.
14 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and Deployment Plan
event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 . Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this A
Agreement.

11. MISCELLANEOUS
15 11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the 16 chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement,
mutual execution by authorized representatives Special Terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Upon prior written consent, Flock
name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Par

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or according to the Department of Defense
contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or 17 commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. 11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost. .

18 FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

19 EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (i) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (ii) Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Workers Compensation insurance in accordance with statutory limits; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
20 (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Item No. 4.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Advertise for Bids - Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave)
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Main Street Reconstruction Project, Phase 2B, between Olive Avenue and Garden Avenue.

The project will consist of the removal and replacement of existing asphalt.

The project also includes the installation of a new barrier curb and gutter, detectable warnings, and conduit for a fiber optic line.

The Engineer's Estimate of Probable Cost for the project is $1,194,595. An additional $119,460 is necessary for construction contingency (10%), and $119,460 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $1,433,515.

Funding for this project is provided from the Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in an amount up to $1,444,898.

RECOMMENDATION: That the City Council:

1. Approve staff's recommended Plans and Project Manual;

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

3. Authorize the City Engineer to negotiate surveying services with one of the firms as approved by Council MO #17-041525; and

4. Authorize the City Engineer to negotiate materials testing services with one of the firms as approved by Council MO #18- 041525.

ATTACHMENTS: 1. Locator Map

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

Item No. 4.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Richard Tree, Interim City Manager

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462
NORTH 0 150'
SCALE: 1"=150'
E. OLIVE AVE.

E. GARDEN AVE. N. MAIN ST.

PREPARED BY: BRAYON RODRIGUEZ
REVIEWED BY: JEFF COWART
Date: 5/28/2025
ITEM
NO. DESCRIPTION QTY UNIT PRICE AMOUNT
1 Mobilization & Demobilization 1 L.S. $109,000.00 $109,000.00 2 Prepare and Maintain Traffic Control Plan 1 L.S. $50,000.00 $50,000.00 3 Demolition & Roadway Excavation 1 L.S. $80,000.00 $80,000.00 4 Demolition, Removal & Disposal of Concrete Roadway 12000 SF $2.00 $24,000.00 5 Remove Existing Traffic Loop Detectors 6 EA $100.00 $600.00 6 Perform Utility Potholing 1 LS $20,000.00 $20,000.00
7 Construct City Std. Barrier Curb & Gutter 100 LF $85.00 $8,500.00 8 Construct City Std. Barrier Curb 186 LF $60.00 $11,160.00 9 Construct Concrete Collar around Existing Decorative
City Catch Basin
5 EA $3,000.00 $15,000.00
10 Reconstruct Decorative City Catch Basin to Grade with Collar
3 EA $5,000.00 $15,000.00
11 Reconstruct Decorative Grate and Trench Drain to
Grade
79 LF $300.00 $23,700.00
12 Construct Decorative Grate and Trench Drain to Grade 22 LF $600.00 $13,200.00 13 Furnish and Install Detectable Warning Surface 195 SF $50.00 $9,750.00 14 Furnish and Install 4" PVC Conduit, including Trench Pavement Restoration
633 LF $110.00 $69,630.00
15 Furnish and Install Utility Box and Sweeps 2 EA $5,000.00 $10,000.00 16 Bore 4" Conduit at Decorative Crosswalk 1 EA $3,000.00 $3,000.00 17 Concrete Gutter at Existing Curb 804 LF $85.00 $68,340.00 18 Trench Pavement Restoration 633 SF $30.00 $18,990.00 19 Intersection Pavement Cold Planing (1.5" depth) 4770 SF $3.50 $16,695.00 20 Pavement Cold Planing (3" depth) 10880 SF $7.00 $76,160.00 21 Furnish and Place Hot Mix Asphalt 909 TON $230.00 $209,070.00 22 Furnish and Place Class 2 Base 835 CY $80.00 $66,800.00 23 Furnish and Install Geogrid Interlayer 1200 SY $25.00 $30,000.00 24 Signing, Striping, and Pavement Markings 1 LS $10,000.00 $10,000.00 25 Reconstruct Existing Survey Monuments 2 EA $2,000.00 $4,000.00 26 Adjust Water Valve to Grade 5 EA $2,000.00 $10,000.00 27 Adjust SSMH to Grade 1 EA $2,000.00 $2,000.00
28 Remove and Re-Construct Drive Approach 1 LS $20,000.00 $20,000.00 29 Furnish and Install Video Detection Cameras ansd
Appurtenances (Olive & Main)
1 EA $200,000.00 $200,000.00
$1,194,595.00
$119,460.00
$1,314,055.00
Subtotal:
10% Contingencies:

Total:

PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS
CLIENT/PROJECT: CITY OF PORTERVILLE/ MAIN STREET IMPROVEMENTS PROJECT - Phase LOCATION: PORTERVILLE BRANCH
Job # 190121 PHASE

ENGINEERING PLANNING LAND SURVEYING GIS/GPS ENVIRONMENTAL SCIENCES 901 E. Main Street, P.O. Box 3699 Visalia, CA 93278 (559)733-0440 Fax (559) 733-7821 2B
2B
Item No. 5.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Award of Contract for the Transit Center Renovation Project SOURCE: City Manager's Office
COMMENT: On April 1, 2025, the City Council authorized staff to issue Request for Proposals (RFP No. 24/25-SR2003) for the renovation of the Porterville Transit Center at 61 W. Oak Avenue. Constructed in 2003, the facility has experienced visible wear and deterioration and is in need of updates to maintain safety and improve usability for both the public and staff. The renovation scope includes interior and exterior painting, stucco repairs, and flooring replacement.

The RFP was released on April 10, 2025, and a mandatory pre-bid site walk was conducted on April 24, 2025. Proposals were due by May 8, 2025. A best-value evaluation process was used, scoring each proposal on technical merit, relevant experience, personnel qualifications, and cost competitiveness. A summary of the scoring matrix is included as an attachment for transparency.

Three proposals were received. After evaluating all proposals, Sage Construction & Development LLC was determined to be the most responsive and responsible proposer. Their proposal demonstrated a clear understanding of the project requirements, a reliable schedule, strong qualifications, and offered the lowest bid at $120,590.47.

The total project budget is $132,649.52, including a 10% contingency. Funding is provided through the FY 2024-25 State of Good Repair (SGR) Program, which will fund $113,600 (80%) of the project. The remaining $19,049.52 (20%) will be funded through Local Transportation Funds (LTF), as identified in the Transportation Department’s approved Program of Projects.

RECOMMENDATION: That the City Council:

1. Award the Transit Center Renovation Project to Sage
Construction & Development LLC in the amount of $120,590.47;

2. Authorize a 10% contingency in the amount of $12,059.05, for a total project budget of $132,649.52;

3. Authorize the Transportation Director or designee to prepare a purchase order, subject to final review by the City Attorney; and
Item No. 5.

4. Authorize staff to issue a Notice to Proceed upon issuance of the purchase order and receipt of required bonds and insurance.

ATTACHMENTS: 1. Staff Report - April 1, 2025

2. RFP 24-25-SR2003 Scoring Matrix

3. Sage Construction Proposal
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
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
Points
Perfection
Painting
Pro‐Ex
Construction
Sage
Construction
Understanding ofthe Scope ofWork
Demonstrates a clear understanding ofthe
LCFS services required.

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

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

Price Proposal
Competitive and reasonable cost in
comparison to other proposals.

Total Points 100 50 80 85
Estimated Project Cost $191,000 $216,800 $120,590
RFP 24/25‐SR2003
Transit Center Renovation
Scoring Matrix
15 15
20 20
15 20
20 20
15 10
5 10
10 15 30
10 10 10
30 15
Proposal Summary – Porterville Transit
Center Renovation RFP 24/25-SR2003
Sage Construction & Development LLC
General Contractor – License #1106826
Tulare, CA
Phone: 559.817.4121 559.331.2333
Email: [email protected]

1. Relevant Experience
Sage Construction & Development LLC is a California-based general contractor entering its third year of business with a proven record of successfully delivering public works projects throughout the Central Valley. Our experience includes ADA-compliant renovations, occupied site upgrades, and tax payer funded contract work. We prioritize schedule adherence, site coordination, and regulatory compliance.

Highlighted Projects:
• 2024 – Historic Hanford Civic Auditorium (City of Hanford): Interior restoration of a historically significant civic space with emphasis on preserving architectural details while meeting modern accessibility and safety standards.
• 2024 – Porterville Unified School District Office – Security Remodel: Interior renovation to enhance safety, access control, and workspace layout within an active administrative facility.
• 2024 – Olive Elementary (Porterville USD) – ADA Restroom Renovation: Full modernization of existing restrooms, including accessible path-of-travel upgrades, plumbing fixture replacements, partitions, and finishes. • 2025 – Visalia USD / Hanford SD – Ongoing School Projects: In-progress renovations include medical facility refresh & energy stability and independence project.

2. Project Schedule
We understand the importance of schedule reliability, particularly when interfacing with public services. Sage Construction uses a lean project management approach and coordinates trades to minimize mobilizations, reduce delays, and optimize site sequencing.

We will adhere to the City's target start of June 1, 2025, with a milestone-based project timeline incorporating procurement, demolition, rough-in, and finish phases.

Preliminary Timeline (subject to City review):
• Week 1–2: Mobilization, prep & selective demolition, material submittals • Week 3–5: Stucco & Exterior Paint
• Week 6–7: Interior Paint
• Week 8–9: Finishes & flooring
• Week 10: Final punch and inspection
We can provide a Gantt chart schedule upon award or request.

3. Materials & Workmanship
Sage Construction guarantees all materials and workmanship to meet or exceed local, state, and federal standards, including those stipulated under FTA guidelines and Title 24. Our subcontractors are prequalified and held to strict quality assurance standards with daily site supervision and compliance documentation.

We use durable, commercial-grade materials approved through the submittal process, and ensure:
• Proper integration of mechanical, electrical, and structural systems • ADA and fire/life safety compliance
• Professional, clean installation of finishes
• Final product meets owner expectations and federal grant requirements

4. Cost Proposal
Paint- Interior: $35,704.48
Paint- Exterior: $45,944.97
Stucco Repair: $12,819.47
Flooring Replacement: $26,121.55
Total Bid: $120,590.47

5. Bid Summary
This bid proposal is based on site conditions observed during the mandatory walkthrough held on April 24, 2025. All pricing reflects existing conditions and assumes normal working access as observed at the time of the visit.

Clarifications and Exclusions:
• Solar panels: Removal or reinstallation of existing solar arrays is excluded. This work must be completed by others prior to roof painting. • Furniture and contents: Temporary removal, relocation, or protection of existing furniture and equipment is excluded and assumed to be provided by others. • Cabinetry or built-in casework: Removal or replacement of cabinets is excluded from this proposal.
• Any hidden or unforeseen conditions will be handled through the change order process.

Exterior Painting:
• Surface prep and finish of all exterior walls, ceilings, trim, concrete benches, concrete planters, doors, exterior restrooms, and transit shelter walls. • Painting of mullions, light poles, gutters, downspouts, clock tower, wrought iron, and railings.

Roof Coating Option:
• Prep and application of latex urethane coating to metal roofs. • Note: Solar panels must be removed by owner prior to painting.

Stucco Repairs:
• Inspect and repair cracks, minor deterioration, and damaged areas. • Repair areas using materials that match existing.

Interior Painting:
• Two coats of premium latex paint to all interior walls and ceilings. • Prep and paint ceiling grids, mullions, interior doors, and benches in the lobby.

Furnish and Install Philadelphia Style Indwell LL 5668V Luxury Vinyl Flooring:
• 5mm thick with 20 mil wear layer, direct-glued installation. • Installed in: Offices 1–4, hallways, reception area, two storage rooms, janitor’s closet, and two restrooms.

Base Installation:
• 4" rubber toe base in all areas except restrooms.
• 6" rubber toe base in both restrooms.

Exclusions/Owner Responsibilities:
• Owner to remove and reinstall all furniture and toilets. • No moisture testing included in this scope.

Item No. 6.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Operate a Fare Free Shuttle to the Freedom Fest on June 28, 2025
SOURCE: Parks and Leisure Services
COMMENT: In conjunction with the 2025 Freedom Fest, staff is requesting authorization to extend transit service hours and operate a dedicated shuttle service between the downtown Porterville Transit Center and the Porterville Sports Complex.

The “Freedom Express” shuttle will operate from 3:00 p.m. to 10:00 p.m., departing every 40 minutes from the Transit Center and the Sports Complex.

The last shuttle will depart the Transit Center at 8:20 p.m. Transit staff will monitor ridership throughout the event and adjust vehicle deployment as needed to ensure all passengers are transported back to the Transit Center or their nearest bus stop by the end of the night.

Additionally, fixed-route buses will operate one extra route, concluding at 8:20 p.m., to support increased demand. The total estimated labor cost for the shuttle service and the additional fixed-route run is approximately $2,000. In an effort to show their support, the City's transit contractor, SM Transit, has offered to cover this cost. This extended service has been successfully provided during past Freedom Fest events and continues to receive positive feedback from the public.

RECOMMENDATION: That the City Council authorize staff to operate a fare free shuttle route to and from the Transit Center and Sports Complex from 3:00 p.m. to 10:00 p.m. on June 28, 2025, to provide alternative transportation to the Freedom Fest.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Item No. 6.

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager
Item No. 7.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: TCAG Supplemental Agreement for Litter Abatement Program SOURCE: Community Development
COMMENT: On February 15, 2022, the City Council authorized implementation of a Litter Abatement Pilot Program within the city. The initial action included the execution of agreements and the allocation of $50,000 annually in Measure I funds for three years. The program consists of one crew completing two cleaning cycles per month on State Route 65 and State Route 190 within the city limits, including off-ramps and adjacent public transportation rights-ofway where litter tends to accumulate.

To support the pilot program, the City entered into a Delegated Maintenance Agreement with Caltrans and executed a program agreement with Community Services and Employment Training, Inc. (CSET). An additional $146,000 in Measure R funding was approved by the Tulare County Association of Governments (TCAG) through Resolutions 2021-101 and 2022-102 to further support program implementation.

On April 15, 2024, TCAG adopted Resolution 2024-005, appropriating an additional $80,000 in Measure R funding to extend the program through the end of Fiscal Year 2024–2025. In order for the City to receive these additional funds, TCAG requires approval of a new Supplemental Cooperative Agreement and a resolution affirming support for the program.

Both the draft Measure R Program Supplement and a draft City Council resolution are attached for consideration.

RECOMMENDATION: That the City Council:

1. Adopt the attached draft Resolution affirming support for the Litter Abatement Pilot program; and

2. Approve the attached Measure R Program Supplement to Cooperative Agreement with the Tulare County
Item No. 7.

Association of Governments.

ATTACHMENTS: 1. TCAG Res. No. 2024-005 Adoption of Measure R Funding for Litter Abatement Pilot Program for the City of
Porterville

2. Measure R Program Supplement to Reso. No. 2024-005

3. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Richard Tree, Interim City Manager

(updated 5-6-2020)

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 ____________________________ (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 the City of Porterville Resolution No. _______________, dated _________________ and Tulare County Association of Governments Resolution No. 2024-005, dated April 15, 2024.

Project scope, costs and schedule are incorporated herein as Attachment “A” and agreed upon by Sponsor and Authority for Project: Litter Abatement Pilot Program.

Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project with written “Authorization to Proceed” or other AUTHORITY approval and will not proceed with future phase(s) of this Project(s) prior to receiving a written “Authorization to Proceed” or other AUTHORITY approval.

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

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

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

Leave the
Authority
agreement No.
and entered
into date blank.

This will be
filled out by
TCAG
(updated 5-6-2025)

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.

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 Director Authority Finance Director
NAME OF SPONSOR (City or County)
By:__________________________________ Attest:_____________________________ By:__________________________________ Attest:_____________________________ (updated 5-6-2025)

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
Attachment A
Project Name: Litter Abatement Pilot Program
Project Scope
The proposed program includes one crew completing two cleaning cycles per month on State Route 65 and State Route 190 within the city limits, as well as off ramps and other transportation public rights of way near the state routes where litter accumulates. TCAG allocated funds specifically for Porterville SR190 and SR65 corridor improvement component Measure "R" funds. The California Department of Transportation District 6 has also committed to matching local funds as well as utilizing Clean California funds to support the program, allocating $80,000 for the Porterville Delegated Maintenance Agreement for three (3) years. TCAG has committed $42,000 of Measure R TCTA funds from TCAG annually as well as the TCAG board has approved an additional $20,000 (total of $146,000) of Measure R funds to cover the estimates expenses of purchasing equipment for the first year of the program, as stated in Measure R Program Supplement to Cooperative Agreement R20230015. This cross jurisdictional approach brings a variety of funding sources (state/regional/local) to address the litter problem as it overlaps jurisdictions. The use of Caltrans funds will be limited to state highways only.

TCAG has committed an additional $80,000 of Measure R funds triggering this new supplemental agreement. The proposed funding of the Litter Abatement program is broken down below under Sources and Use of Funds.

Project Schedule
The pilot program began in July 1, 2022 and will go through June 30, 2025.

Sources and Use of Funds
(Original)
(updated 5-6-2025)
(Amended)
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 LITTER ABATEMENT PILOT

PROGRAM
WHEREAS, Measure R funding was authorized by the Tulare County Transportation Authority (TCTA) to fund the Litter Abatement Pilot (LAP) Program in Porterville with Resolution No. 2024-005 providing $80,000 in additional funding to fund the litter abatement program for SR190 and SR65 within the city limits of Porterville; 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 of Porterville to receive reimbursement for costs incurred in operation of the Litter Abatement Pilot Program in Porterville;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Litter Abatement Pilot Program 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 day of June 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk Item No. 8.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Schedule a Public Hearing and Present Vacancy Report as Required by AB 2561
SOURCE: Administrative Services
COMMENT: California State Assembly Bill (AB) 2561, which took effect on January 1, 2025, establishes new requirements for public agencies regarding the tracking and reporting of job vacancies. Under this law, public agencies must present the status of their vacancies in a public hearing before the governing body at least once per fiscal year. The presentation must be made prior to the adoption of a final budget for the fiscal year. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized fulltime positions, the City must, upon request of the recognized employee organization, provide specified information during the public hearing.

Currently, no bargaining unit has vacancy levels that meet or exceed the 20% threshold. The full vacancy report will be presented at the scheduled public hearing.

RECOMMENDATION: That City Council direct staff to schedule a Public Hearing on June 17, 2025, to review the vacancy report and receive public comment, in compliance with AB 2561.

ATTACHMENTS: 1. Bill Text - AB-2561 Local public employees-vacant positions Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Richard Tree, Interim City Manager
SHARE THIS: Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions. (2023-2024) Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.

Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.

This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5/19/25, 12:54 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 1/3 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements. (b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.

SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit. (3) The average number of days to complete the hiring process from when a position is posted. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.

SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
5/19/25, 12:54 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 2/3 Item No. 9.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Authorization to Execute Fiscal Year 2025 Federal Transit Administration Certifications and Assurances
SOURCE: City Manager's Office
COMMENT: Each year, the Federal Transit Administration (FTA) requires recipients of federal assistance under 49 U.S.C. Chapter 53 to submit an annual list of Certifications and Assurances. These documents consolidate numerous federal compliance requirements into a single agreement that must be executed before grant funding can be awarded or obligated. For Fiscal Year 2025, the City of Porterville, as a direct recipient of FTA funding, is required to complete and submit these Certifications and Assurances to remain eligible for continued funding.

The Fiscal Year 2025 document includes a comprehensive set of categories covering areas such as civil rights compliance, procurement, environmental and safety standards, Buy America provisions, transit asset management, and other federal statutory and regulatory obligations. This year's version includes structural and content changes aimed at improving clarity and compliance.

Notably, the lobbying certification has been moved into the general Certifications and Assurances section to prevent oversight, and a new requirement has been added regarding the use and disposition of real property acquired with FTA funds, in response to a recommendation from the U.S. Department of Transportation Office of Inspector General.

The FTA requires two actions to fulfill this obligation. First, a hard copy must be signed by the Interim City Manager and City Attorney. Second, the Interim City Manager and City Attorney must electronically execute the Certifications and Assurances in the FTA’s Transit Award Management System (TrAMS).

Completion of both steps affirms the City’s compliance with all applicable federal regulations and allows staff to access and manage federal funds for transit programs and capital projects.

RECOMMENDATION: That the City Council:

1. Authorize the Interim City Manager and City Attorney to execute the Fiscal Year 2025 Certifications and Assurances for Item No. 9.

Federal Transit Administration Grants and Cooperative
Agreements; and

2. Authorize the Interim City Manager and City Attorney to electronically execute all necessary certifications and assurances in the FTA's Transit Award Management System (TrAMS) for Fiscal Year 2025.

ATTACHMENTS: 1. FY25 Certifications and Assurances

2. FY Certifications and Assurances Changes
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Certifications and Assurances Fiscal Year 2025
1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision.

Text in italic is not part of a certification and is of no legal effect. Its purpose is to provide explanation and context for the certification.

CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.

All applicants must make the certifications in this category.

1.1. Standard Assurances.

The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.

This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:

Certifications and Assurances Fiscal Year 2025
2 (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.

DOT regulation 49 CFR Part 21, including any amendments thereto; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.

DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

Certifications and Assurances Fiscal Year 2025
3 (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction sub-agreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.

Certifications and Assurances Fiscal Year 2025
4 (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.

1.2. Standard Assurances: Additional Assurances for Construction Projects.

This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

Certifications and Assurances Fiscal Year 2025
5 1.3. Procurement.

The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.

The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.

1.4. Increased Micro-Purchase Threshold.

A recipient may establish a micro-purchase threshold that is higher than the Federal micropurchase threshold. Pursuant to 2 CFR § 200.320(a)(1)(iv), the recipient may self-certify a micro-purchase threshold up to $50,000. Pursuant to 2 CFR § 200.320(a)(1)(v), the recipient may set a micro-purchase threshold higher than $50,000, but only with the approval of the recipient’s Federal cognizant agency for indirect costs. To determine an applicant’s cognizant agency for indirect costs, consult the definition of “cognizant agency for indirect costs” in 2 CFR § 200.1.

If the recipient uses a micro-purchase threshold that is higher than the Federal micro-purchase threshold, the recipient certifies:
(a) The recipient’s micro-purchase threshold does not exceed $50,000, or the recipient has approval from its Federal cognizant agency for indirect costs to use a higher micropurchase threshold; (b) The recipient has a written justification for its micro-purchase threshold; and (c) The recipient has supporting documentation of any of the following:
(1) The recipient qualifies as a low-risk auditee, in accordance with the criteria in 2 CFR § 200.520 for the most recent audit;
(2) The recipient has an annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or
(3) For public institutions, a higher threshold is consistent with State law.

Certifications and Assurances Fiscal Year 2025
6 1.5. Suspension and Debarment.

Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.

The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her 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;
(c) Is 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 (b) of this certification; and
(d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

1.6. Lobbying.

If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.

This certification is required by 49 CFR § 20.110 and app. A to that part.

This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.

Certifications and Assurances Fiscal Year 2025
7 1.6.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. (b) 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 undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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.

1.6.2. Statement for Loan Guarantees and Loan Insurance.

The undersigned states, to the best of his or her knowledge and belief, that:

If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this statement 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 statement Certifications and Assurances Fiscal Year 2025
8 shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

1.7. Real Property Use
This certification responds to Recommendation #7 in the U.S. Department of Transportation’s Office of Inspector General Report FS2024025 (May 20, 2024).

If the applicant will use assistance provided by the Federal Transit Administration to acquire or improve real property, the applicant certifies that it will comply with the requirements of 2 CFR § 200.311, including but not limited to, requirements to use the property for the purposes authorized in its award, and to seek disposition instructions from FTA when the property no longer is needed for any authorized purpose.

CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d).

This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR § 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 U.S.C. § 5307) funding.

This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system.

If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives.

Certifications and Assurances Fiscal Year 2025
9 If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that:
(a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and
(b) Each Small Public Transportation Provider within the State that opts to use a Statedrafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5).

CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.

If the applicant is a business association (regardless of for-profit, not for-profit, or tax-exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Further Consolidated Appropriations Act, 2024, Pub. L. 118- 47, div. B, tit. VII, §§ 744-745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status.

If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) 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; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

Certifications and Assurances Fiscal Year 2025
10 CATEGORY 4. PRIVATE SECTOR PROTECTIONS.

If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.

4.1. Charter Service Agreement.

To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4.

The applicant agrees that it, and each of its subrecipients, and thirdparty contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference.

4.2. School Bus Agreement.

To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
(1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.

Certifications and Assurances Fiscal Year 2025
11 (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.

CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN.

If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).

The applicant certifies that it is in compliance with 49 CFR Part 625.

CATEGORY 6. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.

6.1. Rolling Stock Buy America Reviews.

If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7.

The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663.

6.2. Bus Testing.

If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7.

The applicant certifies that the bus was tested at the Bus Testing Facility established in accordance with 49 U.S.C. § 5318 (currently the Larson Transportation Institute’s Bus Research and Testing Center at Pennsylvania State University) and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.

Certifications and Assurances Fiscal Year 2025
12 CATEGORY 7. URBANIZED AREA FORMULA GRANTS PROGRAM.

If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); Certifications and Assurances Fiscal Year 2025
13 (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).

CATEGORY 8. FORMULA GRANTS FOR RURAL AREAS.

If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5311(b)(2)(C).

Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected Certifications and Assurances Fiscal Year 2025
14 intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.

CATEGORY 9. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE

EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.

If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).

CATEGORY 10. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.

If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

Certifications and Assurances Fiscal Year 2025
15 If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8.

If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d).

The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in 49 U.S.C. § 5339(c)(1)) or related infrastructure under 49 U.S.C. § 5339(b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.

CATEGORY 11. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.

If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.

In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).

The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
Certifications and Assurances Fiscal Year 2025
16 (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.

CATEGORY 12. STATE OF GOOD REPAIR GRANTS.

If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds.

The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625.

If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1).

CATEGORY 13. INFRASTRUCTURE FINANCE PROGRAMS.

If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program, Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).

Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference.

Certifications and Assurances Fiscal Year 2025
17 CATEGORY 14. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83.

The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655.

CATEGORY 15. RAIL SAFETY TRAINING AND OVERSIGHT.

If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.

The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.

CATEGORY 16. DEMAND RESPONSIVE SERVICE.

If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77.

The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
Certifications and Assurances Fiscal Year 2025
18 (e) Restrictions or priorities based on trip purpose; (f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.

CATEGORY 17. INTEREST AND FINANCING COSTS.

If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).

The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.

CATEGORY 18. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.

If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.

The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2).

CATEGORY 19. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS

FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).

Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant Certifications and Assurances Fiscal Year 2025
19 must select the Certifications in this Category, except as FTA determines otherwise in writing.

Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required.

FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 4.1 and 4.2 (Charter Service Agreement and School Bus Agreement), (2) Category 5 (Transit Asset Management Plan),
(3) Category 6.1 and 6.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 8 (Formula Grants for Rural Areas),
(5) Category 14 (Alcohol and Controlled Substances Testing), and (6) Category 16 (Demand Responsive Service).

Certifications and Assurances Fiscal Year 2025
20 CATEGORY 20. EMERGENCY RELIEF PROGRAM.

An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program.

The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application.

Certifications and Assurances Fiscal Year 2025
1 FEDERAL FISCAL YEAR 2025 CERTIFICATIONS AND ASSURANCES FOR FTA

ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:__CITY OF PORTERVILLE_____________________________ The Applicant certifies to the applicable provisions of all categories: (check here) ___X__.

Or,
The Applicant certifies to the applicable provisions of the categories it has selected:

Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Private Sector Protections
05 Transit Asset Management Plan
06 Rolling Stock Buy America Reviews and Bus Testing
07 Urbanized Area Formula Grants Program
08 Formula Grants for Rural Areas
09 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 10 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs
11 Enhanced Mobility of Seniors and Individuals with Disabilities Programs
Certifications and Assurances Fiscal Year 2025
2 12 State of Good Repair Grants
13 Infrastructure Finance Programs
14 Alcohol and Controlled Substances Testing
15 Rail Safety Training and Oversight
16 Demand Responsive Service
17 Interest and Financing Costs
18 Cybersecurity Certification for Rail Rolling Stock and Operations
19 Tribal Transit Programs
20 Emergency Relief Program

CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE

AFFIRMATION OF APPLICANT
Name of the Applicant:

BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.

The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may seek in the future, of federal assistance to be awarded by FTA during the federal fiscal year.

The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.

Signature Date:

CITY OF PORTERVILLE
Certifications and Assurances Fiscal Year 2025
3 Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant): CITY OF PORTERVILLE
As the undersigned Attorney for the above-named Applicant, I hereby affirm the Applicant has the authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.

I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.

Signature Date:

Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.

Richard Tree, Interim City Manager
Julia Lew
Certifications and Assurances Fiscal Year 20242025
1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision.

Text in italic is not part of a certification and is of no legal effect. Its purpose is to provide explanation and context for the certification. guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.

All applicants must make the certifications in this category.

1.1. Standard Assurances.

The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.

This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).

Commented [A1]: This tracked-changes document is
provided as a convenience to the reader, to show clearly the differences between versions of the Federal Transit
Administration's Certifications and Assurances. This
document does not have the force and effect of law and is not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Certifications and Assurances Fiscal Year 20242025
2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.

DOT regulation 49 CFR Part 21, including any amendments thereto; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.

DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.

Certifications and Assurances Fiscal Year 20242025
3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction sub-agreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Certifications and Assurances Fiscal Year 20242025
4 animals held for research, teaching, or other activities supported by this award of assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.

1.2. Standard Assurances: Additional Assurances for Construction Projects.

This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

Certifications and Assurances Fiscal Year 20242025
5 1.3. Procurement.

The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.

The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.

1.4. Increased Micro-Purchase Threshold.

A recipient may establish a micro-purchase threshold that is higher than the Federal micropurchase threshold. Pursuant to 2 CFR § 200.320(a)(1)(iv), the recipient may self-certify a micro-purchase threshold up to $50,000. Pursuant to 2 CFR § 200.320(a)(1)(v), the recipient may set a micro-purchase threshold higher than $50,000, but only with the approval of the recipient’s Federal cognizant agency for indirect costs. To determine an applicant’s cognizant agency for indirect costs, consult the definition of “cognizant agency for indirect costs” in 2 CFR § 200.1.

If the recipient uses a micro-purchase threshold that is higher than the Federal micro-purchase threshold, the recipient certifies:
(a) The recipient’s micro-purchase threshold does not exceed $50,000, or the recipient has approval from its Federal cognizant agency for indirect costs to use a higher micropurchase threshold; (b) The recipient has a written justification for its micro-purchase threshold; and (c) The recipient has supporting documentation of any of the following:
(1) The recipient qualifies as a low-risk auditee, in accordance with the criteria in 2 CFR § 200.520 for the most recent audit;
(2) The recipient has an annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or
(3) For public institutions, a higher threshold is consistent with State law.

Commented [A2]: This certification is added to implement the procurement flexibilities of 2 CFR 200.320(a)(1)(iv)-(v).

Certifications and Assurances Fiscal Year 20242025
6 1.4.1.5. Suspension and Debarment.

Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.

The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her 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;
(c) Is 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 (b) of this certification; and
(d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding.

The applicant certifies:
(a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.

Certifications and Assurances Fiscal Year 20242025
7 1.6. American Rescue Plan Act Funding.

The applicant certifies:
(a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.

1.6. Lobbying.

If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.

This certification is required by 49 CFR § 20.110 and app. A to that part.

This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.

1.6.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. (b) 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 undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Commented [A3]: The text of the Lobbying certification is the same as in previous years, but the certification is relocated to make it part of Category 1: Certifications and Assurances Required of Every Recipient. In previous years, the Lobbying certification was a separate category. This caused confusion and occasional delays if a recipient failed to execute the certification.

Certifications and Assurances Fiscal Year 20242025
8 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.

1.6.2. Statement for Loan Guarantees and Loan Insurance.

The undersigned states, to the best of his or her knowledge and belief, that:

If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

1.7. Real Property Use
This certification responds to Recommendation #7 in the U.S. Department of Transportation’s Office of Inspector General Report FS2024025 (May 20, 2024).

If the applicant will use assistance provided by the Federal Transit Administration to acquire or improve real property, the applicant certifies that it will comply with the requirements of 2 CFR § 200.311, including but not limited to, requirements to use the property for the purposes authorized in its award, and to seek disposition instructions from FTA when the property no longer is needed for any authorized purpose.

CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d).

Certifications and Assurances Fiscal Year 20242025
9 This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR § 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 U.S.C. § 5307) funding.

This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system.

If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives.

If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that:
(a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and
(b) Each Small Public Transportation Provider within the State that opts to use a Statedrafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5).

CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.

If the applicant is a business association (regardless of for-profit, not for-profit, or tax- exempt status), it must make this certification. Federal appropriations acts since at least 2014 have Certifications and Assurances Fiscal Year 20242025
10 prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. E, tit. VII, §§ 744–745Further Consolidated Appropriations Act, 2024, Pub. L. 118-47, div.

B, tit. VII, §§ 744-745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status.

If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) 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; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

Category 4.CATEGORY 1. LOBBYING.

If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.

This certification is required by 49 CFR § 20.110 and app. A to that part.

This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20.

4.1.1.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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.

Certifications and Assurances Fiscal Year 20242025
11 (b)(a) 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 undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c)(a) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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.

4.2.1.1. Statement for Loan Guarantees and Loan Insurance.

The undersigned states, to the best of his or her knowledge and belief, that:

If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Category 5.CATEGORY 4. PRIVATE SECTOR PROTECTIONS.

If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.

5.1.4.1. Charter Service Agreement.

To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public Certifications and Assurances Fiscal Year 20242025
12 transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4.

The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference.

5.2.4.2. School Bus Agreement.

To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
(1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.

Certifications and Assurances Fiscal Year 20242025
13 Category 6.CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN.

If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).

The applicant certifies that it is in compliance with 49 CFR Part 625.

Category 7.CATEGORY 6. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.

7.1.6.1. Rolling Stock Buy America Reviews.

If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7.

The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663.

7.2.6.2. Bus Testing.

If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7.

The applicant certifies that the bus was tested at the Bus Testing Facility established in accordance with 49 U.S.C. § 5318 (currently the Larson Transportation Institute’s Bus Research and Testing Center at Pennsylvania State University) and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.

Category 8.CATEGORY 7. URBANIZED AREA FORMULA GRANTS PROGRAM.

If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards Certifications and Assurances Fiscal Year 20242025
14 to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least Certifications and Assurances Fiscal Year 20242025
15 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).

Category 9.CATEGORY 8. FORMULA GRANTS FOR RURAL AREAS.

If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 53110(b)(2)(C).

Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.

Certifications and Assurances Fiscal Year 20242025
16 Category 10.CATEGORY 9. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS

AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.

If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).

Category 11.CATEGORY 10. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.

If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively.

Making this certification will incorporate by reference the applicable certifications in Category 8 7 or Category 98.

Certifications and Assurances Fiscal Year 20242025
17 If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d).

The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection 49 U.S.C. § 5339(c)(1)) or related infrastructure under subsection 49 U.S.C. § 5339(b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.

Category 12.CATEGORY 11. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.

If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 87, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.

In addition to the certification in Category 87, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).

The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
Certifications and Assurances Fiscal Year 20242025
18 (d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.

Category 13.CATEGORY 12. STATE OF GOOD REPAIR GRANTS.

If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds.

The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625.

If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1).

Category 14.CATEGORY 13. INFRASTRUCTURE FINANCE PROGRAMS.

If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 7 for the Urbanized Area Formula Grants Program, Category 10 9 for the Fixed Guideway Capital Investment Grants program, and Category 13 12 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).

Making this certification will incorporate the certifications in Categories 87, 109, and 13 12 by reference.

Category 15.CATEGORY 14. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The Certifications and Assurances Fiscal Year 20242025
19 applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83.

The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655.

Category 16.CATEGORY 15. RAIL SAFETY TRAINING AND OVERSIGHT.

If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.

The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.

Category 17.CATEGORY 16. DEMAND RESPONSIVE SERVICE.

If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77.

The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.

Certifications and Assurances Fiscal Year 20242025
20 Category 18.CATEGORY 17. INTEREST AND FINANCING COSTS.

If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).

The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.

Category 19.CATEGORY 18. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.

If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/.

The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2).

Category 20.CATEGORY 19. PUBLIC TRANSPORTATION ON INDIAN

RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL
TRANSIT PROGRAMS).

Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21this Category, except as FTA determines otherwise in writing. Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other Certifications and Assurances Fiscal Year 20242025
21 certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required.

FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.14.1 and 05.24.2 (Charter Service Agreement and School Bus Agreement),
(2) Category 06 5 (Transit Asset Management Plan),
(3) Category 07.16.1 and 07.26.2 (Rolling Stock Buy America Reviews and Bus Testing),
(4) Category 09 8 (Formula Grants for Rural Areas),
(5) Category 15 14 (Alcohol and Controlled Substances Testing), and (6) Category 17 16 (Demand Responsive Service).

Certifications and Assurances Fiscal Year 20242025
22 Category 21.CATEGORY 20. EMERGENCY RELIEF PROGRAM.

An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program.

The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application.

Certifications and Assurances Fiscal Year 20242025
1 FEDERAL FISCAL YEAR 2024 2025 CERTIFICATIONS AND ASSURANCES FOR

FTA ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______.

Or,
The Applicant certifies to the applicable provisions of the categories it has selected:

Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
0504 Private Sector Protections
0605 Transit Asset Management Plan
0706 Rolling Stock Buy America Reviews and Bus Testing
0807 Urbanized Area Formula Grants Program
0908 Formula Grants for Rural Areas
1009 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 1110 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs
Certifications and Assurances Fiscal Year 20242025
2 1211 Enhanced Mobility of Seniors and Individuals with Disabilities Programs
1312 State of Good Repair Grants
1413 Infrastructure Finance Programs
1514 Alcohol and Controlled Substances Testing
1615 Rail Safety Training and Oversight
1716 Demand Responsive Service
1817 Interest and Financing Costs
1918 Cybersecurity Certification for Rail Rolling Stock and Operations
2019 Tribal Transit Programs
2120 Emergency Relief Program

CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE

AFFIRMATION OF APPLICANT
Name of the Applicant:

BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.

The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek in the future, of federal assistance to be awarded by FTA during the federal fiscal year.

The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute Certifications and Assurances Fiscal Year 20242025
3 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.

Signature Date:

Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):

As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has the authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.

I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.

Signature Date:

Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.

Item No. 10.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Consideration to Set a Public Hearing for the Adoption of a Continuance of the Fiscal Year 2024-2025 Budget for the First Quarter of Fiscal Year 2025-2026 SOURCE: City Manager's Office
COMMENT: At its regular meeting of May 20, 2025, the City Council approved an alternative schedule to the initially adopted Budget Calendar for Fiscal Year 2025-2026. The revised approach allows for a continuation of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026 (July through September), providing legal compliance and operational continuity while staff prepare a refined financial plan that incorporates updated labor cost projections, evolving program needs, and City Council priorities.

The purpose of this staff report is to request that the City Council set a public hearing for June 17, 2025, at which the Council will consider the adoption of a continuance of the current fiscal year budget for the first quarter of the new fiscal year.

RECOMMENDATION: That the City Council set a public hearing for June 17, 2025, to consider the adoption of a continuance of the Fiscal Year 2024- 2025 budget for the first quarter of Fiscal Year 2025-2026.

ATTACHMENTS: 1. Staff Report - May 20, 2025
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Item No. 22.

CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Review of Adopted Budget Calendar for Fiscal Year 2025-2026 and Consideration of an Alternative Schedule
SOURCE: City Manager's Office
COMMENT: At its meeting of February 18, 2025, the City Council approved the Budget Calendar for Fiscal Year 2025-2026, which outlines key milestones for the preparation, review, and adoption of the City’s annual budget. In accordance with Section 51 of the City Charter, this schedule provides for submission of revenue and expenditure estimates not later than thirty days prior to the end of the fiscal year, with the preliminary budget presented to the Council on June 3, 2025, and final adoption scheduled for June 17, 2025.

While Section 51 requires the adoption of a general budget, it does not specify the duration of the adoption period. Accordingly, and consistent with past Council practice and interpretation, the Council may authorize a budget covering less than the full fiscal year. This approach has been used in two recent cases: in 2020 during the onset of the COVID-19 pandemic, and in 2023 following the significant local flood event. In both instances, the City adopted a provisional interim budget to allow operations to continue while the full-year budget was finalized.

Given current operational demands, including the transition in the City Manager position, active labor negotiations, and evolving program needs, staff is proposing for Council’s consideration a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025- 2026. This continuation would provide stability and legal compliance while allowing additional time to complete a refined and strategic financial plan. The interim budget will ensure continuity of operations while staff incorporates updated labor projections and Council priorities.

The proposed schedule is designed to support a transparent, participatory, and collaborative budget development process. It includes multiple opportunities for Council discussion, public engagement, and iterative review, leading to adoption of a final budget that aligns with long-term fiscal goals and community needs.

Should the Council wish to consider an alternative approach, staff is proposing the following modified schedule:

Item No. 22.
• June 3, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget Process and Setting of Date for Public Hearing.
• June 17, 2025: Public hearing to consider the adoption of a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026 (July through September). • June 24, 2025: Special City Council meeting to conduct a Budget Study Session of the draft Fiscal Year 2025-2026 budget. • July 22, 2025: Special City Council meeting to consider and determine Council's Priority Projects for Fiscal Year 2025-2026. • September 2, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget and Setting of Date for Public Hearing. • September 16, 2025: Public hearing for the formal adoption of the final Fiscal Year 2025-2026 budget.

This alternative schedule supports a transparent, collaborative, and responsive budget process. It allows for extended Council engagement, additional staff analysis, and public input while ensuring legal compliance and continuity of services.

RECOMMENDATION: That the City Council:

1. Confirm the proposed Budget Calendar for Fiscal Year 2025-2026 as approved at the February 18, 2025, City
Council meeting; or

2. Consider and approve an alternative budget schedule as presented by staff, based on current operational needs and organizational conditions.

ATTACHMENTS: 1. Staff Report - February 18, 2025

2. Fiscal Year 2025-2026 Budget Calendar
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Acting City Manager
Final Approver: Richard Tree, Acting City Manager
Item No. 11.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Consideration to Set a Public Hearing for the 2025 Public Health Goal Report SOURCE: Public Works
COMMENT: Senate Bill 1307 amended the California Health and Safety Code to require public water systems serving more than 10,000 service connections to prepare a Public Health Goal (PHG) report every three years if any constituents in the water system exceed PHG or Maximum Contaminant Level Goal (MCLG) thresholds.

PHGs are non-enforceable public health targets established by the California Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency (CalEPA). These goals are based solely on public health risk and do not take into account factors such as analytical detection limits, treatment technology, or cost. Where OEHHA has not adopted a PHG for a specific constituent, water suppliers must use the U.S.

Environmental Protection Agency’s MCLG as the benchmark.

State law further requires the City to hold a public hearing to accept and respond to public comment on the PHG report. This process promotes transparency and informs the public of the City’s drinking water quality, health-related benchmarks, and any differences between regulatory standards and health-based goals.

The City of Porterville’s water system remains in full compliance with all applicable State and Federal drinking water standards. The 2025 Public Health Goal Report is attached for Council and public review. It is also intended to supplement the annual Consumer Confidence Report mailed to all customers.

Staff recommends that the City Council authorize the scheduling of a public hearing for June 17, 2025, in compliance with Health and Safety Code Section 116470, to accept comments and respond to questions regarding the PHG report.

RECOMMENDATION: That the City Council direct staff to schedule a public hearing on June 17, 2025, to solicit comments on the 2025 Public Health Item No. 11.

Goal Report.

ATTACHMENTS: 1. Public Health Goal 2025
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager

CITY OF PORTERVILLE

PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code Section 116470(b), (c) and (f) specifies that on July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections shall prepare a report intended to inform the public concerning any Public Health Goal (PHG) that is exceeded.

PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of CalEPA and are based solely on public health risk considerations. None of the practical risk-management factors that are considered by the USEPA or the California Department of Health Services (CDHS) in setting drinking water standards (MCLs) are considered in setting PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.

The following constituent was detected in the city of Porterville drinking water sources at levels above the PHG, or if no PHG, above the MCLG:

Coliform Bacteria: In 2024 we collected 74 samples each month for coliform analysis for a total of 888 samples.

In the year 2024 we had 5 samples found to be positive for coliform bacteria absent for E.coli.

Tetrachloroethylene (PCE): The PHG for PCE is 0.06 ppb, with a MCL of 5 ppb. Detection levels in 6 wells which are monitored quarterly have a running annual average of 2.57 ppb. The category of health risk associated with PCE is that people who drink water containing PCE above the MCL throughout their lifetime could experience liver problems and may have an increased risk of getting cancer. CDHS says that “Drinking water which meets the MCL is associated with little to none of this risk and should be considered safe with respect to PCE.” The numerical health risk for a PHG of .06 ppb is 1 in 1,000,000. The numerical health risk for a MCL of 5 ppb is 8 in 100,000.

Lead and/or Copper: There is no MCL for Lead or Copper. Instead the 90th percentile value of all samples taken from household taps in the distribution system cannot exceed an Action Level of 15 ppb for lead, and 1300 ppb for copper. The MCLG for lead is 0.2 ppb and the MCLG for copper is .03 ppm. All of the source water samples for lead and copper in 2022 were less than the MCLG. Based on samples taken from household taps in 2022, the 90th percentile value for lead was 0.11 ppb and 0.005 ppm for copper. The City of Porterville’s water system is in full compliance with the Federal and State Lead and Copper Rule. The category of health risk for lead and Copper is gastrointestinal damage to kidneys, liver and nervous system of humans. Numerical health risk information on lead has not been provided to OEHHA, the State agency responsible for providing that information.

On May 6, 2024, the City began sampling of thirty-seven (37) wells within the City of Porterville for PFAS. Of the thirty-seven (37) wells tested, seven (7) had PFAS levels that exceeded the PFAS Notification level. The seven (7) wells (City well 18, 19, 20,21, 22, 26 and Lindale 7) are active wells that are in service without PFAS treatment but are well under the response level. Scientific research suggests that exposure to certain PFAS may lead to adverse health outcomes.

Definitions:

Public Health Goals (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.

Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U. S. Environmental Protection Agency.

Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water.

Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically possible.

Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

Action Level: The concentration of which, if exceeded, triggers treatment or other requirements which a water system must follow.
ppb: Parts per billion
Item No. 12.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Intent To Schedule Public Hearing – 5-Year CDBG Consolidated Plan and FY 2025/26 Action Plan
SOURCE: Community Development
COMMENT: The City of Porterville is an entitlement community under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. The City is required to prepare a 5-Year Consolidated Plan and Annual Action Plan outlining its strategies and priorities for housing, community development, and use of CDBG funds.

On April 15, 2025, the City Council adopted the 5-Year Consolidated Plan and FY 2025/26 Annual Action Plan. Following this action, HUD notified the City of a lower-than-anticipated entitlement allocation for Program Year 2025/26.

Although staff previously included contingency language to address potential changes in funding, the item is being brought back to the City Council to allow for further public and Council input on adjustments to the proposed activities.

This process is consistent with the City’s Citizen Participation Plan.

Staff is recommending that the City Council consider setting a public hearing for the next regularly scheduled City Council meeting that allows for a minimum 15-day public comment period. The public hearing will provide an opportunity for the community to review and comment on proposed modifications to the 2025/26 Annual Action Plan based on the revised allocation. A revised draft of the Consolidated Plan, including the updated Action Plan and funding levels, will be made available in compliance with HUD’s citizen participation requirements.

RECOMMENDATION: That the City Council consider setting a public hearing for the next regularly scheduled City Council meeting that allows for a 15-day public comment period to receive input on the
Community Development Block Grant (CDBG) 5-Year
Consolidated Plan and FY 2025/26 Annual Action Plan in light of the revised entitlement allocation.

Item No. 12.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Richard Tree, Interim City Manager
Item No. 13.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Consideration to Set a Public Hearing for the Adoption of an Ordinance Designating Fire Hazard Severity Zones in the Local Responsibility Area SOURCE: Fire
COMMENT: To comply with State wildfire hazard mapping requirements, the City must consider adoption of an ordinance establishing Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Area (LRA). This staff report outlines the legal background, review process, and public notification steps taken, and recommends setting a public hearing to proceed with adoption.

Under Government Code Section 51178, the California State Fire Marshal (SFM) is required to identify and classify areas throughout the state as Moderate, High, or Very High Fire Hazard Severity Zones. These classifications are based on consistent statewide criteria including fuel loading, slope, fire behavior, weather, and wind patterns that contribute to wildfire spread. The updated mapping process incorporates new scientific data, local climate conditions, and fire behavior models to more accurately reflect wildfire hazards.

The terms “hazard” and “risk” are distinct and defined as follows:
• Hazard reflects the physical conditions that create the potential for wildfire, evaluated over a 30–50-year period and excluding mitigation measures.
• Risk refers to the potential damage under current conditions, including mitigation such as fire-resistant construction and vegetation management.

FHSZs are designated in two categories:
• State Responsibility Areas (SRAs) – where wildfire protection is the responsibility of the State.
• Local Responsibility Areas (LRAs) – including incorporated cities and urban or agricultural areas where wildfire protection falls under local jurisdiction.

Item No. 13.

Originally, Assembly Bill 337 (Bates Bill) required only Very High FHSZ designations in LRAs. However, Senate Bill 63 (Stern, 2021) amended the law to require Moderate and High zone classifications as well. The updated SRA maps took effect on April 1, 2024, and CAL FIRE’s update of LRA maps followed. Although draft maps were expected in January 2025, the City received them on March 10, 2025. Upon review, staff identified 117 parcels in the City’s LRA that were fully or partially designated as “Moderate.” Per Government Code Section 51179, the City Council must adopt Moderate, High, and Very High zones by ordinance within 120 days of receiving the State Fire Marshal’s recommendations. In addition, Section 51178.5 requires that maps be made available for public review within 30 days. In response, the City posted the maps online, mailed notices to affected property owners, and shared information via the Fire Department’s social media accounts.

The public review period ran from April 4 through May 4, 2025. No comments were received through the online portal or in person at City Hall.

The City is not authorized to reduce or remove designated hazard zones.

However, it may increase the designation or include additional areas not identified by the State, provided such changes are supported by findings and substantial evidence under Government Code Section 51182. Following review by the Fire Chief, staff does not recommend any changes to the State’s designations at this time.

A model ordinance developed by CAL FIRE is included as an attachment. The City may also seek support from CAL FIRE’s Land Use Planning Program, which offers guidance on fire-safe building standards, development regulations, and General Plan safety elements.

Insurance providers use separate risk models from those used by CAL FIRE.

While some data may overlap, insurers rely on proprietary models that consider additional, dynamic variables. Staff will continue monitoring for future updates to the maps and initiate the appropriate review and Council processes as required.

RECOMMENDATION: That the City Council set a Public Hearing for June 17, 2025, to receive public input and consider the first reading of an ordinance adopting the Fire Hazard Severity Zone (FHSZ) map for the City’s Local Responsibility Area, as provided by the State Fire Marshal.

Item No. 13.

ATTACHMENTS: 1. Draft Ordinance

2. FHSZ_City_LRA_11x17_Porterville

3. letter to owners affected

4. LRA-Legislation-Factsheet---Flipbook-combined
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Richard Tree, Interim City Manager