Porterville City Council
July 15, 2025

Amended City Council Agenda July 15, 2025

AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JULY 15, 2025, 5:30 PM
The City of Porterville provides access to view city council meetings electronically. Please note that this service is offered as a courtesy and may not always be accessible to the public. To ensure the opportunity to participate in public comments and scheduled public hearings, individuals must attend in person.

This meeting will be available for viewing via YouTube at https://www.youtube.com/@cityofporterville4149 ,
and via Zoom using the following information:
https://us06web.zoom.us/j/81360830697?pwd=yptW7KzaEBSYiqFThxgcvBa2PxVOQV.1 Or via Telephone: +1 669 900 6833 Webinar ID: 813 6083 0697 Passcode: 711734 Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-018-001-000. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Dr. Wilson Park. Under Negotiation:

Terms and Price.

2- Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Porterville City Employee Association, Management Confidential Series, Porterville Safety Support Unit, Porterville Police Officer Association, Porterville City Firefighter Association, and Fire Officer Series.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Brandon Gonzalez. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Essa Sue Gill. Agency claimed against: City of Porterville.

Amended City Council Agenda July 15, 2025

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) case in which facts are not yet known to potential plaintiff.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS

Employee of the Month - Clyde Loflin
Active Transportation Plan Update
Community Center and Park Project Update

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

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

I. City Commission and Committee Meetings

1. Charter Review Committee - June 19, 2025 & July 3, 2025 II. Staff Informational Reports

1. Water Conservation Phase II Status Update - June 2025

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

1. Approval of Draft Minutes of March 4, 2025, and June 17, 2025 Re: Considering approval of the City Council draft Minutes of March 4, 2025, and June 17, 2025.

2. Authorization to Purchase Youth Soccer Uniforms
Re: Consideration of purchasing the 2025 Youth Fall Soccer uniforms from SCORE Sports at the unit price of $19.95 for players and $9.95 for coaches for a total estimated cost of $10,444.20.

3. Authorization to Purchase Transit Bus Air Compressor Amended City Council Agenda July 15, 2025

Re: Consideration to authorize the purchase of a replacement air compressor for a Transit Bus from New Flyer (NFI Parts) at a cost not to exceed $10,645

4. Authorization to Purchase Zero-Emission Landscaping Equipment Re: Consideration to purchase zero-emission landscaping equipment using Zele vouchers for an amount not to exceed $31,388.60, of which the City's share is approximately $8,200.

5. Authorization to Purchase Repair Materials for Rowland Well No. 7 Re: Considering approval of the purchase of repair materials for Rowland Well 7, initiation of a Purchase Order and payment to Carver Pump in an amount not to exceed $12,295.

6. Authorization to Purchase Loan Servicing Software to Manage Mortgage, Business, and Public Utility Connection Loans
Re: Consideration of the purchase of loan software from Balio Software US, Inc., dba City Data Services for a total of $13,400 for year one (FY 2025-26) and $15,410 for the second year and an increase of three percent (3%) annually for each subsequent renewal term, contingent upon the availability of grant funding for each year.

7. Authorization to Purchase Replacement Mobile Data Terminals (MDTs) and Vehicle Docks for Police Vehicles
Re: Consideration to authorize the purchase of nineteen (19) Dell Latitude 7230 Rugged Extreme tablets and nineteen (19) Havis Dell 7230 Rugged Tablet Vehicle Docks from Dell Technologies, for the amount of $76,236.93.

8. Authorization to Negotiate the Purchase of Police Vehicles and Associated Equipment Re: Authorize staff to negotiate the purchase of ten (10) police vehicles up to a total cost not to exceed $841,000, to include upfitting of emergency equipment, modification, and tools, as well as purchase police radios for said vehicles. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase.

9. Authorization to Rent Temporary Mobile Office During Transit Center Renovation Project Re: Consideration to award the rental of a temporary mobile office to WillScot in an amount not to exceed $9,000 to support operations during the Transit Center renovation project.

10. Authorization to Advertise for Bids - Fire Station 72 Addition and Remodel Project Re: Considering approval of the Plans and Project Manual for the project which includes the remodel of the existing fire and the construction of an addition to the east side of the housing area as well as the engine bay of the station for the Fire Station 72 Addition and Remodel project located at 500 N. Newcomb.

11. Authorization to Distribute Request for Proposals - HVAC Maintenance Re: Consideration to authorize staff to distribute a Request for Proposals for on-call HVAC maintenance service for City buildings.

12. Authorization to Award Project - Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave)
Re: Consideration to award the Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave), to MAC General, Inc in the amount of $725,174.93, plus a ten percent (10%) Amended City Council Agenda July 15, 2025

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

13. Acceptance of Project - Thurman Avenue & Third Street Storm Drain Project Re: Consideration of acceptance of the Thurman Avenue & Third Street Storm Drain Project located at Thurman Ave and Third Street, by 99 Pipeline, Inc., as complete at the total project construction cost of $1,350,961.59.

14. Authorization to Execute Agreement for Permitting and Licensing Software Re: Consideration to execute a purchase agreement with Vertosoft LLC for the acquisition of OpenGov Permitting and Licensing Software and associated professional services, in the amount of $243,745.01.

15. Authorization to Initiate Naming Process for Fourth Street Park and Community Center Re: Consideration to authorize staff to conduct a community survey to solicit potential name options for the Fourth Street Park and Community Center; and direct that all submissions be reviewed by the Parks and Leisure Services Commission prior to final selection by the City Council.

16. Authorization to Distribute a Request for Qualifications (RFQ) for On-Call Environmental Consulting Services
Re: Considering approval to distribute a Request for Qualifications (RFQ) for on-call environmental consulting services.

17. Engineer's Reports and Setting a Public Hearing for Establishing Landscape and Lighting Maintenance Districts and Tax Assessments for Parcels Within Brookside Phases I and II Re: Consideration to approve a draft Resolution Ordering the Proceedings for Formation of Landscape and Lighting Maintenance District number 60 and ordering the preparation of the Engineer's Reports; approve a draft Resolution giving preliminary approval to the Engineer's Reports; and approve a draft Resolution declaring intent to form districts, levy and collect assessments, and setting a Public Hearing for August 5, 2025.

18. Police Firing Range Cooperative Agreement with Lindsay Police Department Re: Consideration to approve the Cooperative Agreement for the period of July 1, 2025, to June 30, 2028, with the Lindsay Police Department allowing the agency usage of the Porterville Police Department Firearms Training Facility.

19. Sewer Utility Districts Annual Assessments Fiscal Year 2025-2026 Re: Consideration to adopt the draft Resolutions ordering the continued sewer district assessments for the 2025-2026 Tax Year.

20. Approval of Reduced Microtransit Fare for Porterville College Students Re: Consider approval of a reduced fare of $2.50 for transPORT microtransit trips that begin or end at Porterville College, effective August 1, 2025, to be funded through the City’s FY 2024–2025 Low Carbon Transit Operations Program (LCTOP) allocation. The program will remain in effect until funds are expended.

Amended City Council Agenda July 15, 2025

21. Approval of a Memorandum of Understanding Between the City of Porterville and the Tulare County Regional Transit Agency (TCRTA) Regarding On-Demand (Microtransit) Service Operations Within the Porterville Urbanized Area Re: Consideration of a Memorandum of Understanding Between the City of Porterville and the Tulare County Regional Transit Agency Regarding On-Demand (Microtransit) Service Operations Within the Porterville Urbanized Area.

22. Approval of Resolution Authorizing the Filing of Regional Surface Transportation Program Exchange Fund Claim for the Fiscal Year 2024-2025
Re: Consideration to authorize and direct the Public Works Director to sign and submit the Fiscal Year 2024-2025 Regional Surface Transportation Program (RSTP) Exchange funds claim to the Tulare County Association of Governments on behalf of the City in the amount of $405,122.69.

23. Approval of Letter of Support for Continued Operation of the Balch Park Pack Station Re: Consider approval of a draft letter of support addressed to CAL FIRE for the continued operation of the Balch Park Pack Station and authorize the Mayor to sign the letter on behalf of the City Council.

24. Opposition to California Senate Bill 707 and Recommendation to End Virtual Public Comment
Re: Consideration to oppose California Senate Bill 707 (Durazo), which imposes unfunded mandates and removes local control over public meeting procedures; authorize the Mayor to transmit an opposition letter to the City’s State representatives; and direct staff to discontinue the City’s virtual public comment option and return to in-person participation for City Council and other public meetings.

25. Authorization of Street Closures and Adjusted Meeting Time for the National Night Out Community Event
Re: Consideration of authorizing the closure of Main Street from Thurman Avenue to Putnam Avenue and adjacent side streets to the alleys from 3:00 P.M. to 10:00 P.M. for the Porterville Police Department National Night Out community event, and rescheduling the regularly scheduled City Council meeting on August 5, 2025, to begin at 4:00 P.M. to allow participation in the event.

26. Consideration to Reschedule the Special City Council Meeting to Determine Council’s Priority Projects for Fiscal Year 2025–2026
Re: Consideration to reschedule the Special City Council Meeting to determine Council’s Priority Projects for Fiscal Year 2025–2026 from July 22, 2025 to July 29, 2025, as requested by the Mayor.

27. Consideration of a Letter to President Trump and Local Representatives in Recognition of the City’s 100th Anniversary as a Charter City and the 250th Anniversary of the Signing of the Declaration of Independence
Re: Consideration of a letter to President Donald J. Trump and local representatives in recognition of the City’s 100th Anniversary as a Charter City and the 250th Anniversary of Amended City Council Agenda July 15, 2025

the signing of the Declaration of Independence, including a request for financial support for City-hosted activities culminating in a community celebration on July 4, 2026.

28. Consideration to Update the City’s Sidewalk Vending Ordinance (Ord. No. 1852) Re: Consideration to authorize staff to prepare an amendment to Ordinance No. 1852 to update the City’s sidewalk vending regulations in compliance with Senate Bill 946; direct staff to prepare a resolution establishing a permit fee schedule, including an exemption for permitted businesses vending directly in front of their storefront; incorporate requirements for a City-issued identification badge, define priority and no-vending zones, and assign enforcement authority; and authorize the City Attorney to review and approve the proposed ordinance update prior to City Council consideration.

29. Amendment of the City Code - Changes to the Special Speed Zones (2020 Speed Survey Update)
Re: Receive public comment; and consider a draft ordinance amending Chapter 17, Article XV, Section 17-15, Prima Facie Speed Limits Determined on Certain Streets, in the City Code.

30. Consideration to Authorize the Purchase of Office and Conference Room Furniture for the City Manager’s Office
Re: Consideration to authorize the purchase of office and conference room furniture for the City Manager’s Office and Transportation Department; authorize staff to proceed with purchases in an amount not to exceed $4,875.91 for the City Manager’s Office and $9,912.31 for the Transportation Department, plus applicable sales tax, to be paid directly by the City using identified department funds.

31. Adoption of Annual Appropriation Limit
Re: Consideration to approve the draft Resolution adopting the appropriation limit of $104,412,538 for the 2025-2026 Fiscal Year.

32. 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

33. Conditional Use Permit (PRC 2025-002-C) to Allow for the Development of Hampton Inn Suites
Re: Consideration of a resolution approving the construction of a 53,461± square foot, four (4) story, 88-room hotel for Hampton Inn Suites on the north side of Montgomery Avenue, east of Jaye Street, within the CG (General and Service Commercial) zone district.

34. Landscape and Lighting Maintenance Districts Annual Assessments Re: Consideration to conduct a Public Hearing on the 2025-2026 assessments for the Landscape and Lighting Maintenance Districts to take comments or receive protests on the proposed assessments; and adopt the draft Resolution ordering the continued Amended City Council Agenda July 15, 2025

maintenance of Landscape and Lighting Maintenance Districts and confirming the Engineer's Report and Assessments for the 2025-2026 Fiscal Year.

35. Adoption of the 2025 Five-Year Consolidated Plan and 2025-2026 Action Plan for Investment of Community Development Block Grant (CDBG) Entitlement Funds Re: A Public Hearing on the proposed 2025 Five-Year Consolidated Plan and 2025/26 Action Plan; and consider the adoption of a draft resolution approving the 2025 Five-Year Consolidated Plan and 2025/26 Action Plan.

36. Consideration of Text Amendment to Series 300 of the Porterville Development Ordinance
Re: A Public Hearing to receive comments regarding the text amendment of the Porterville Development Ordinance, Chapter 305 Signs, and consider whether to approve the Draft Ordinance amending Series 300, Section 305.10(g) and Section 305.10(f) of the Porterville Development Ordinance.

37. Consideration of an Ordinance Amending Article VII of Chapter 18 of the Porterville Municipal Code Regulation Unsafe and Unauthorized Camping and Storage of Personal Property
Re: A public hearing and consideration of an Ordinance of the City Council of the City of Porterville Amending Article VII of Chapter 18 of the City of Porterville Municipal Code, which regulates Unsafe and Unauthorized Camping and Storage of Personal Property.

SECOND READINGS

38. Second Reading - Ordinance No. 1912, Designating Fire Hazard Severity Zones Re: Adoption of an ordinance designating fire hazard severity zones within the City of Porterville as recommended by the California Department of Forestry and Fire Protection.

SCHEDULED MATTERS

39. Bid Results - Phase 2 of Well No. 34 Project (Pumping Plant) Re: Consideration to reject all bids and authorize staff to re-advertise for bids on the Phase 2 of Well No. 24 Project, located north of the Porter Slough to the west of the Windsor Court Subdivision; OR award the project to HSP Mechanical, Inc. in the amount of $3,863,000, plus ten percent (10%) contingency to cover unforeseen costs, and an additional $147,435.13 for the purchase and installing of a 70 foot-tall monopole.

40. Consideration of Attendance at the 2025 League of California Cities Annual Conference and Expo
Re: Consideration of City Council and staff attendance at the 2025 League of California Cities Annual Conference and Expo, scheduled for October 8–10, 2025, in Long Beach, including direction on which Council Members and staff, if any, should be authorized to attend.

41. Consideration of an Ordinance Amending Article 611 of Chapter 21 ("Development Code") of the Porterville Municipal Code and Adoption of Resolution Related to Environmental Review Procedures and Preparation of Documents by Consultants Amended City Council Agenda July 15, 2025

Re: Consideration of a draft Ordinance amending Article 611 of Chapter 21 of the Municipal Code and a draft resolution approving a City environmental review policy.

42. Consideration of a Commemorative Grant Program in Recognition of the City’s 100th Anniversary as a Charter City and the 250th Anniversary of the Signing of the Declaration of Independence
Re: Consideration of a Commemorative Grant Program in celebration of the City of Porterville’s 100th Anniversary as a Charter City and the 250th Anniversary of the signing of the Declaration of Independence, including authorization to allocate $50,000 from the City Council’s FY 2025-2026 Special Purpose Fund to support the program, and direction to staff to develop program guidelines and application materials for eligible small businesses and non-profit organizations modeled after the Community Benefit Grant Programs.

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

1. Tulare County Task Force on Homelessness - June 18, 2025

2. Eastern Tule Groundwater Sustainability Agency - July 10, 2025

3. Tule River Improvement JPA - July 7, 2025

4. Heritage Committee - July 9, 2025

5. Mighty 190 Meeting - July 14, 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 August 5, 2025, at 5:30 p.m.

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

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

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: 1. Water Conservation Phase II Status Update - June 2025 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community. As of June 1, 2025, the City has transitioned from Phase IV to Phase II of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.

The Phase II plan increases outdoor watering to three days per week, with "odd" addresses allowed to water on Tuesday, Thursday and Saturday and "even" addresses allowed to water on Wednesday, Friday and Sunday.

Outdoor watering is prohibited between the hours of 5 a.m. and 10 a.m. and 5 p.m. and 10 p.m. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours of measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for June 2025 show that no notices of violations were issued for water waste, and no administrative citations were issued.

Water production for June 2025 shows a five percent (5%) increase from the five-year average. The monthly production for June was 416 million gallons, which is a thirteen percent (13%) decrease compared to June 2013, when it was 478 million gallons. Residential consumption for June 2025 was 160 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through June 2025. Porterville's cumulative total production conservation through June 2025 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through June 2025. Porterville's cumulative total GPCD conservation through June 2025 is twenty-five percent (25%).

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

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

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status June 2025

2. Monthly Production Status GPCD June 2025

3. Drought Response Phase II Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through June 2025 Production Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through June 2025 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2021
2022
2023
2024
2025
5 Year AVG
The City of Porterville has adopted a Phase II Drought Response Plan. As part of the Phase II plan, the City has restricted watering days to three days per week, based on address.

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

WATERING PROHIBITED

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

THERE IS NO WATERING
ON MONDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
Your watering days are Tuesday,
Thursday, and Saturday.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
Your watering days are
Wednesday, Friday, and Sunday.

OR
Item No. 1.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Approval of Draft Minutes of March 4, 2025, and June 17, 2025 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of March 4, 2025, and June 17, 2025.

RECOMMENDATION: That the Council approve the draft Minutes of March 4, 2025, and June 17, 2025.

ATTACHMENTS: 1. Draft Minutes of March 04, 2025

2. Draft Minutes of June 17, 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
MARCH 4, 2025, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Jason Ridenour and Yuliana Andrade. Employee Organizations: Porterville City Employee Association, Management Confidential Series, Porterville Safety Support Unit, Porterville Police Officer Association, Porterville City Firefighter Association, and Fire Officer Series.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Isela Ochoa. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Victoria Grayson v. Porterville Municipal Golf Course, et al., Tulare County Superior Court Case No. PCU313670.
4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6 - Government Code Section 54957 – Consultation with Law Enforcement regarding a credible threat to the security of Public Buildings and Facilities. 7 - Government Code Section 54957 - Public Employee Appointment/Employment: Title:

City Manager
6:31 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED

SESSION

City Attorney Lew reported action pertaining to A-2, as follows:

A-2. On a MOTION made by Mayor Meister, and SECONDED by Vice Mayor McKervey the City Council unanimously denied the claim filed by Isela Ochoa.

Documentation: M.O. 01-030425
Disposition: Claim denied.

The Pledge of Allegiance was led by Council Member Beltran.

Invocation – Several members of the public came forward and gave an invocation.

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

ORAL COMMUNICATIONS
• Sherri Shields, Porterville, raised concerns about homelessness and city infrastructure. • Caitlyn, Farmersville, opposed Item 24, citing safety, legal, and constitutional concerns. • Evelinda Medina, Porterville, urged police action to improve senior safety near Santa Fe Apartments.
• Gilbert, Porterville, urged a traffic light at Putnam and Third due to unsafe driving. • Jean Vafeades, Porterville, criticized city spending, priorities, and the Women’s Safe Spaces ordinance.
• Ashley Olivas, representing Assemblywoman Macedo, offered support and encouragement to the council.
• Alex C., Porterville, opposed Item 24, citing threats to safety, dignity, and privacy. • Jale Brown, Pixley-Porterville, accused the council of targeting marginalized groups and mismanaging leadership.
• Mora Hill, Porterville, criticized the ordinance, questioned council priorities, and doubted the Mayor’s sincerity.
• Dr. Katherine Hall, Lindsay, opposed Item No. 24, emphasizing that trans people are victims, not threats.
• Cade, Woodlake, opposed Item No. 24, warning it endangers trans people and violates rights.
• Maria, Farmersville, opposed Item No. 24 and stated it is harmful to her transgender child and basic rights.
• Bethany, Porterville, opposed Item No. 24 and stated the ordinance is discriminatory and a waste of time and public funds.
• Reed Lowery, Porterville, opposed the ordinance related to Item No. 24 as a harmful and discriminatory misuse of women’s rights.
• Randy Evans, Tulare County Democratic Central Committee, opposed the proclamation related to Item No. 17 as divisive and urged focus on real issues.

• Erica, representing Porterville trans youth, called the bathroom ban discriminatory and urged inclusion of trans youth.
• Matthew Acquino, Springville, opposed the ordinance related to Item No. 24 as unscientific and harmful to trans individuals.
• Michelle Acquino, opposed Item No. 24, citing fear-based decision-making and violence against trans people.
• Brandy, Tulare County, argued the ordinance related to Item No. 24 targets the wrong threat and harms trans youth.
• Alexis Espinoza, Porterville, opposed Item No. 24, supported library safety measures, and questioned school policy authority.
• Anna Marie Wagstaff, Porterville, criticized the scapegoating of trans people and misuse of the City motto.
• Chris Shaw, Porterville, opposed airport lease terms that threaten his business and criticized the rushed process.
• Corey Bly, Tulare County, stated the ordinance related to Item No. 24 is fear-based and urged education and inclusion.
• John Coffee, Porterville, stated the ordinance related to Item No. 24 as unnecessary and urged others to raise issues with the appropriate jurisdiction. • Teresa Tidd, Tulare County, stated the ordinance related to Item No. 24 is unenforceable and called for inclusive, real issue-focused policies.
• Shauna Williams, Lindsay, opposed Item No. 24, expressing comfort with trans women and concern for their safety.
• Brock Neeley, Porterville, opposed the ordinance related to Item No. 24 as a civil rights violation and criticized religious messaging on public property. • Roxanne, Porterville, called the ordinance related to Item No. 24 as ineffective and divisive, urging collaboration instead.
• Barry Caplan, Visalia, urged recorded votes on Item No. 17 and a delay on Items 24 and 25 due to legal cost concerns.
• Russel Bettencourt, Springville, opposed Item No. 24, citing violence risks and urging inclusive solutions.
• Benjamin, Ventura, criticized the council’s actions as targeting LGBTQ+ people and called them performative.
• Martha A. Flores, Porterville, urged the council to focus on real public safety and infrastructure, not symbolic laws.
• Greg Shelton, Porterville, criticized hypocrisy in the ongoing debate related to Item No. 24 and thanked the council for enduring criticism.
• Josh Sulier, Porterville, accused the council of bigotry, ignorance, and wasting time on divisive issues.
• Paul Flores, Porterville, opposed the ordinance related to Item No. 24 as pointless and suggested council members personally confront its effects. • Rose Mary, Porterville, called for mutual respect and equality for all, condemning hatred and division.
• Josh Flowers, Springville, supported the ordinance related to Item No. 24 for balancing freedom with safety and promoting local control.

• Via Zoom – Lawana Tate, Porterville, warned that the ordinance related to Item No. 24 could increase violence and legal risks.

REPORTS
I. Staff Informational Reports

1. Short Range Transit Plan Overview

CONSENT CALENDAR
Vice Mayor McKervey requested that Item Nos. 2, 17, and 18 be pulled for additional discussion, while Council Member Beltran requested pulling Item No. 16 for similar purposes.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Beltran that the City Council approve Items Nos. 1, 3-15, and 19. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF FEBRUARY 18, 2025
Recommendation: That the Council approve the draft Minutes of February 18, 2025 Documentation: M.O. 02-030425
Disposition: Approved.

3. AUTHORIZATION TO ADVERTISE FOR BIDS - HENRAHAN STREET

RECONSTRUCTION PROJECT (MORTON AVENUE TO GRAND AVENUE)
Recommendation: That the City Council:

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

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

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

Documentation: M.O. 03-030425
Disposition: Approved.

4. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR BUS STOP

SHELTERS

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

Documentation: M.O. 04-030425
Disposition: Approved.

5. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 45
Recommendation: That the City Council:

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

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

Documentation: M.O. 05-030425
Disposition: Approved.

6. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 32B
Recommendation: That the City Council:

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

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

Documentation: M.O. 06-030425
Disposition: Approved.

7. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 46E
Recommendation: That the City Council:

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

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

Documentation: M.O. 07-030425
Disposition: Approved.

8. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 6 AND LOT NO. 7 AT THE

PORTERVILLE MUNICIPAL AIRPORT
Recommendation: That the City Council:

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

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

Documentation: M.O. 08-030425
Disposition: Approved.

9. RENEWAL OF AIRPORT LEASE AGREEMENT - LOT NO. 9
Recommendation: That the City Council:

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

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

Documentation: M.O. 09-030425
Disposition: Approved.

10. APPROVAL OF ARTS COMMISSION CHALK ART BOOTH AT 2025 SPRING

FESTIVAL
Recommendation: That the City Council:

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

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

Documentation: M.O. 10-030425
Disposition: Approved.

11. AUTHORIZATION TO APPROVE COMMUNITY CLEAN UP EVENTS
Recommendation: That City Council:

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

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

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

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

Documentation: M.O. 11-030425
Disposition: Approved.

12. COUNCIL CONSIDERATION TO AMEND THE SELF-PERFORMED STREET MAINTENANCE PROGRAM FOR FISCAL YEAR 2024-2025
Recommendation: That the City Council:

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

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

Documentation: M.O. 12-030425
Disposition: Approved.

13. ACQUISITION OF RIGHT OF WAY FOR OLIVE AVENUE AND PORTER

ROAD/CLOVERLEAF STREET TRAFFIC SIGNAL PROJECT

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

Documentation: Resolution No. 19-2025, Resolution No. 20-2025, Resolution No. 21-2025 Disposition: Approved.

14. AUTHORIZATION FOR OUT OF STATE TRAVEL TO MOTOROLA SUMMIT PUBLIC

SAFETY USERS' CONFERENCE IN GRAPEVINE, TEXAS
Recommendation: That the City Council approve out-of-state travel for the Police Department Crime Analyst to attend the Motorola Solutions Summit/Training in Grapevine, Texas.

Documentation: M.O. 13-030425

Disposition: Approved.

15. AMENDMENTS TO THE LIBRARY RULES OF CONDUCT
Recommendation: That the City Council approve the amendments to the Library Rules of Conduct which are contingent upon final review from the City Attorney.

Documentation: M.O. 14-030425
Disposition: Approved.

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

Documentation: M.O. 15-030425
Disposition: Approved.

The Council took a fifteen-minute recess at 8:28 p.m.

PUBLIC HEARINGS

20. POLICE USE OF MILITARY EQUIPMENT ANNUAL REVIEW (AB 481) Recommendation: That the City Council, per the requirements of Assembly Bill 481:

1. Allow public comment and questions concerning the annual report and the funding, acquisition, and use of the equipment;

2. Review and renew PPD Policy 704 – Military Equipment (Attachment 1);

3. Review the AB 481 Military Equipment Annual Report 2024 (Attachment 2); and

4. By opting not to modify or rescind, affirm Ordinance No. 1892.

Interim City Manager Ridenour introduced the item and Assistant Chief of Police Dominic Barteau presented the staff report.

Mayor Meister opened the Public Hearing at 8:51 p.m.
• Barry Caplan, Visalia, stated that it sounds like staff is trying to build a military.

Mayor Meister closed the Public Hearing at Closed at: 8:53 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Meister that the City Council renew PPD Policy 704, reviewed the AB 481 Military Equipment Annual Report 2024, and reaffirmed Ordinance No. 1892. The motion carried unanimously.

Documentation: M.O. 16-030425
Disposition: Approved.

SCHEDULED MATTERS

21. UPDATED CONCEPTS FOR TRANSIT BRAND REFRESH
Recommendation: That the City Council:

1. Select one of the conceptual designs; and

2. Adjust specific design elements and direct staff to incorporate requested modifications prior to finalization; and

3. Direct staff to proceed with implementation and obtain quotes from available firms qualified to perform the project through a competitive procurement process.

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

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council approve Concept #1 with the addition of the AllAmerica City design elements and the bus stop feature from Concept #3.

The motion carried unanimously.

Documentation: M.O. 17-030425
Disposition: Approved.

22. COUNCIL CONSIDERATION AND EVALUATION OF CHARITABLE CAR WASHES Recommendation: That the City Council provide direction regarding the permitting process and requirements for charitable car washes as outlined in Ordinance No. 1669 and Resolution No. 127-2005.

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

The council discussed whether to repeal Ordinance No. 1669, which regulates car washes, but ultimately decided not to enforce the ordinance for two years to assess its long-term effects.

COUNCIL ACTION: MOVED by Vice Mayor Ed McKervey, SECONDED by Mayor Greg Meister that the City Council suspend enforcement of the ordinance regulating car washes for two years. The motion carried unanimously.

Documentation: M.O. 18-030425
Disposition: Approved.

23. CONSIDERATION OF THE ESTABLISHMENT OF PORTERVILLE MUNICIPAL

AIRPORT STANDING COMMITTEE
Recommendation: That the City Council consider adoption of the draft resolution for the establishment of a Porterville Municipal Airport Standing Committee.

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

COUNCIL ACTION: MOVED by Mayor Greg Meister, SECONDED by Council Member AJ Rivas that the City Council adopt the draft resolution establishing the Porterville Municipal Airport Standing Committee. The motion carried unanimously.

Documentation: Resolution No. 22-2025
Disposition: Approved.

24. CONSIDERATION OF PROPOSED ESTABLISHMENT OF ORDINANCE TO PROTECT

WOMEN'S SAFE SPACES
Recommendation: That the City Council provide direction on the proposed establishment of an Ordinance to Protect Women's Safe Spaces.

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

Mayor Meister acknowledged the flaws in the ordinance and stated it would be refined. He emphasized that only those directly harmed have standing and proposed adding definitions based on biological sex to the ordinance. He suggested removing monetary penalties since the City would not be able to enforce them, and instead supports lawsuits by affected individuals.

Vice Mayor McKervey criticized state laws for overstepping in redefining civil rights, arguing that gender identity should not be equated with race or biological sex. He recommended pausing the ordinance until a Supreme Court ruling is made. He also addressed recent inflammatory remarks during discussions.

Council Member Beltran supported the ordinance's discussion but expressed concerns about unreported incidents in schools and public spaces, stressing safety. He recommended tabling the ordinance until court cases provide clarity.

Council Member Rivas highlighted the need for safety for both men and women and opposed laws allowing biological males in female spaces, citing internal violence among transgender individuals.

Mayor Meister reiterated that the ordinance aims to create safe spaces for all while protecting women’s rights. He insisted on refining definitions and expanding protections rather than tabling the ordinance, and proposed a legal fund for those harmed by state laws.

Vice Mayor McKervey endorsed free speech but condemned the hateful behavior from some audience members, advocating for respectful dialogue.

Council Member Beltran opposed using tax funds for legal action due to the tight budget and warned against reallocating resources until clear guidance from courts is provided. Council Member Rivas agreed, stating that more discussions are necessary.

The council's consensus was to refine the ordinance based on the direction given by the Council Members.

Documentation: None.

Disposition: Direction given.

25. CONSIDERATION OF LETTER OF SUPPORT AND DECLARATION FOR THE

ESTABLISHMENT OF A LEAGUE OF CHARTER CITIES
Recommendation: That the City Council consider the letter of support for the establishment of a League of California Charter Cities to the Huntington Beach City Council and Declaration for the Establishment of the League of Charter Cities.

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

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve a Letter of Support for the establishment of a League of California Charter Cities to the Huntington Beach City Council and Declaration for the establishments of the League of Charter Cities.

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

Documentation: M.O. 19-030425
Disposition: Approved.

26. REVIEW OF CITY COUNCIL AGENDA PUBLICATION TIMELINE
Recommendation: That the City Council provide direction on the timing of the publication of the City Council agenda.

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

Council directed staff to create options for the council to consider, and show what a 7- and 10-day publication timeline would look like, and its impacts.

Documentation: None.

Disposition: Direction given.

2. AUTHORIZATION TO REPAIR CITY WELL NO. AP-2
Recommendation: That City Council:

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

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

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

Vice Mayor McKervey noted that there were four bids submitted and questioned why staff recommended awarding the contract to Carver Pump Services, the lowest bidder, when W.P.I.

Water Source, a more local company, submitted a bid only $300 higher. He expressed a preference for supporting local businesses to help retain economic activity within the community. He initially moved to consider awarding the contract to the local bidder, contingent upon their ability to provide the necessary materials and respond promptly.

Staff explained that all quotes were obtained based on the vendors' ability to respond quickly and provide the most competitive pricing, which ultimately guided the staff’s recommendation.

Engineering and Project Management Director Javier Sanchez added that the Public Contract Code generally requires a formal bidding process for contracts exceeding $5,000, which limits the City’s discretion in selecting a higher bid, even if it is from a local vendor.

Mayor Meister and Vice Mayor McKervey acknowledged the importance of supporting local businesses but recognized that the current City Charter language may not provide the flexibility to do so under existing procurement requirements. They suggested that this issue could be addressed through potential amendments during upcoming Charter Review Committee meetings.

The consensus of the Council was to proceed with staff’s recommendation to award the contract to Carver Pump Services.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve initiating a purchase order for Carver Pump Service for an amount not exceeding $14,800 for the repair of City Well No. AP-2.

The motion carried unanimously.

Documentation: M.O. 20-030425
Disposition: Approved.

16. APPROVAL OF REORGANIZATION WITHIN THE PARKS AND LEISURE

DEPARTMENT - PARKS DIVISION
Recommendation: That the City Council:

1. Approve the reorganization within the Parks and Leisure Department - Parks Division;

2. Approve the new job descriptions for full-time Abatement Workers and part-time Abatement Workers;

3. Authorize Human Resources and Finance Department staff to amend such documents as may be necessary to effectuate such proposed changes.

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

Councilman Beltran expressed concern about the proposed 5% pay increase for weed abatement staff. He questioned the necessity of the raise, noting that recent encampment cleanup activity—26 to 27 per month—had remained consistent even before formal enforcement efforts, suggesting the reorganization may not increase workload. He argued the department is already adequately staffed and not struggling with recruitment, so higher pay wasn’t needed to attract or retain workers. Beltran's main concern was the potential “domino effect” the raise could trigger, with other departments—like fire and police—seeking similar adjustments, possibly costing the city $300,000 to $400,000 annually. He emphasized that compensation decisions should be left to the City Manager and Finance Department, especially given current budgetary concerns.

Vice Mayor McKervey clarified that the intent was not just a raise, but rather to unify the team by making classifications the same and aligning responsibility with pay.

Staff further explained that weed abatement employees had already been assisting with encampment abatement work without receiving the higher associated pay. Therefore, the proposed change was viewed as correcting a pay imbalance and improving team effectiveness. The Human Resources Office confirmed that it had conferred with bargaining unit representatives, who “gladly accepted” the increase. It was also acknowledged that such pay adjustments are often discussed among employees and could influence future negotiations in other departments.

Despite Councilman Beltran's financial concerns and his preference for handling raises through broader negotiations, the council proceeded with the staff recommendation COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve the reorganization within the Parks and Leisure Department, approve the new job descriptions for full-time Abatement Workers and part-time Abatement Workers, and authorize Human Resources and the Finance Department staff to amend such documents as may be necessary to effectuate such proposed changes.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 21-030425
Disposition: Approved.

17. REQUEST FOR PROCLAMATION - WOMEN'S RIGHTS
Recommendation: That the City Council consider approval of the request to proclaim "Women's Rights" in the City of Porterville.

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

Vice Mayor McKervey expressed his support for the proclamation and his willingness to sign it, but requested specific wording changes. He recommended the removal of the word “shall” from the following phrases:
“Women and girls shall have the right” under the section on the right to safety and privacy.
“Women and girls shall have the right” under the section on the right to fair and equal athletic opportunities.
“Women shall have the right” in the section on motherhood and family protections.

“Women shall” in the section addressing economic freedom and opportunity.

The City Attorney identified a grammatical error at the end of the proclamation. They recommended correcting the sentence to read: “...reaffirm our commitment to protecting the rights of women today, tomorrow, and for the future.”
COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve the request to proclaim “Women’s Rights” in the City of Porterville, with the noted amendments to the proclamation. The motion carried unanimously.

Documentation: M.O. 22-030425
Disposition: Approved.

18. REQUEST FOR PROCLAMATION - CALIFORNIA ARBOR WEEK - MARCH 7TH - MARCH 14TH, 2025
Recommendation: That the City Council consider approval of the request to proclaim March 7th - 14th, 2025, as "California Arbor Week" in the City of Porterville.

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

Vice Mayor McKervey acknowledged the irony of proclaiming Arbor Week shortly after the Council's recent decision to remove trees from Main Street. Despite this, he reaffirmed the City's commitment to trees, expressing his personal appreciation for them. He gave special recognition to Kathy from the Tule River Parkway Association for her dedication to local greenery, noting that it “broke my heart last summer” when the city shut off the water supply, resulting in the loss of many plants she had nurtured. He emphasized the Council’s full support, praise, and encouragement for her efforts and those of all community volunteers. McKervey concluded by expressing confidence that the downtown area would “look great” once new trees are planted.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve the request to proclaim March 7th through March 14th, 2025, as “California Arbor Week” in the City of Porterville. The motion carried unanimously.

Documentation: M.O. 23-030425
Disposition: Approved.

AB 1234 REPORTS

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

Community Development Director Claudia Calderon provided updates on several topics, including the Taskforce’s decision to discontinue Facebook livestreaming, a presentation on CARE Court by Kings View, and an update on the recent Point-in-Time count. She also reported that the County’s Resource Management Agency had presented its recently adopted Housing Element.

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

3. Tulare County Association of Governments (TCAG) - February 24, 2025 Mayor Meister provided a report highlighting an informational discussion on transportation initiatives, updates on the progress of federally funded projects, and the appointment of Mr. Rich Tree, the Director of Transportation, to the Transit Plan Regional Transit Plan Roundtable.

4. Tulare County Economic Development Corp. (TCEDC) - February 26, 2025 Mayor Meister reported on a presentation by Kevin McCluster from CalWater, highlighted the state’s per-person water usage targets, and noted that Porterville is outperforming Visalia in water conservation. He also emphasized the advantage of Porterville’s local control over its water enterprise, compared to Visalia’s reliance on a utility regulated by the California Public Utilities Commission (CPUC).

5. Cannabis Committee - February 28, 2025
Both Vice Mayor McKervey and Council Member Beltran reported on the meeting, agreeing that progress was made with a recommendation to expand zoning to include General Commercial areas, allowing businesses to relocate out of the Downtown District. However, they differed on the proximity of the adult school, deciding to bring that issue back to the council for further discussion. Vice Mayor McKervey also noted that he appreciated having Dr. Rohrbach present, stating that the discussion addressed a broader and serious issue.

ORAL COMMUNICATIONS
• Alexis Espinoza, Porterville, thanked the council for their composure, criticized the proposed ordinance as inconsistent and overreaching, raised concerns about its impact and cost, and expressed support for inclusivity and local projects. • Korey Wells, Springville, praised the City Clerk’s Office, supported law enforcement due to cartel threats, raised concerns about undocumented farmworkers’ safety, criticized uninformed public comments, advocated for restroom protections for girls, and rejected the validity of transgender female identity.
• Barry Caplan, Visalia, criticized the council for dismissing civil rights protections, wasting money on a likely losing lawsuit, neglecting community needs, and urged them to better understand and engage with the community.
• Matt Kidder, Porterville, supported City-PID collaboration in the GSA and proposed an ad hoc committee of residents and farmers with a chairperson to break ties and prevent gridlock.

OTHER MATTERS
• Council Member Green raised concerns about the joint venture with PID due to a pending lawsuit involving the Eastern Tule GSA, requested legal input from the city attorney, and asked that the matter be added to the next agenda or discussed in closed session to ensure an informed council vote and asked about the use of school grounds for youth. • Council Member Beltran discussed limited public access to school playgrounds due to policy changes, clarified the Armory’s role as an emergency-only shelter, defended police conduct toward the homeless, acknowledged traffic concerns near the Santa Fe Senior Center, emphasized the need for realistic enforcement solutions, supported using the Charter Review to address state overreach and local control, and concluded with biblical references. • Vice Mayor McKervey criticized activist rhetoric as ideological and divisive, defended traditional protections for women, called for civil discourse amid a mental health crisis, proposed a new ordinance to safeguard parental rights, and closed with a quote from Federalist 51 emphasizing principled governance.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council approve Vice Mayor McKervey's request to bring an item at a future meeting, as a Scheduled Matter, to consider and discuss an ordinance safeguarding parental rights. The motion carried unanimously.

Documentation: M.O. 24-030425
Disposition: Approved.
• Mayor Meister expressed strong support for multiple agenda items, including bus stop shelters, street maintenance, library conduct rules, weed abatement, and the transit brand refresh promoting "All-American City" values; he thanked staff and council for supporting women’s safe spaces and the League of Charter Cities, raised concerns about the Healthy Kids Survey and state overreach, and proposed a letter opposing AB 1333 for undermining self-defense rights.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Beltran that the City Council approve Mayor Meister's request to bring an item to a future meeting, as a Scheduled Matter, to consider and discuss a Letter of Support in opposition to AB 1333. The motion carried unanimously.

Documentation: M.O. 25-030425
Disposition: Approved.
• Council Member Rivas initially said he had nothing to add, acknowledged the right to free speech, quoted Isaiah 54:17 to express resilience in the face of criticism, and seconded Mayor Meister’s motion to oppose AB 1333.

CLOSED SESSION
Council reconvened into Closed Session at 11:27 p.m. and noted that no reportable action had taken place during Closed Session.

ADJOURNMENT
The Council adjourned at 11:40 p.m. to the meeting of March 18, 2025, at 5:30 p.m.

Fernando Gabriel-Moraga,
Chief Deputy City Clerk
SEAL
Greg Meister, Mayor

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 17, 2025, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-018-001. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Park Wilson H / Park Hyesun. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-203-003. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and the County of Tulare. Under Negotiation: Terms and Price. 3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Porterville City Employee Association, Management Confidential Series, Porterville Safety Support Unit, Porterville Police Officer Association, Porterville City Firefighter Association, and Fire Officer Series.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Ruth Gale Paredez.

Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Myers Funeral Service - Jason Wise. Agency claimed against: City of Porterville. 6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: D. Covian through his Guardian Ad Litem, C. Andrade V. City of Porterville, Tulare County Superior Court Case No. PCU321021.
7 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) cases in which facts are not yet known to potential plaintiffs.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED

SESSION
City Attorney Lew reported action pertaining to A-4, and A-5, as follows:

A-4. On a MOTION made by Mayor Meister, and SECONDED by Council Member Green the City Council unanimously rejected the claim filed by Ruth Gale Paredez.

Documentation: M.O. 01-061725
Disposition: Claim rejected.

A-5. On a MOTION made by Mayor Meister, and SECONDED by Council Member Rivas the City Council unanimously accepted the claim filed by Myers Funeral Service - Jason Wise.

Documentation: M.O. 02-061725
Disposition: Claim accepted.

The Pledge of Allegiance was led by Council Member Green.

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

PRESENTATIONS
Recognition of Former Mayor Kelly West
Employee Recognition

ORAL COMMUNICATIONS
• Darren Garrett, Porterville, praised city efforts but criticized delays and red tape in the business license process that hurt a young entrepreneur. • Rick Sullins, Porterville, praised downtown improvements but expressed frustration with business license hurdles that discourage investment.
• Luis Gonzalez, Porterville, praised the meeting’s professionalism and raised concerns about road safety near Kanai and Morton.
• Anthony Holt, Porterville, asked the council to sponsor youth football registration and helmet reconditioning costs.
• Ben Miller, Porterville, questioned the $111,000 bus wrap funding and whether it diverted money from key services.
• John Coffee, Porterville, criticized bus wrap spending and legal fee waivers, and honored the Army’s 250th anniversary.
• Ken Whitman, Porterville, called for fair, consistent sign rules and expressed pride in the community.
• Greg Woodard, Porterville, supported reforming environmental reviews to speed development and boost the economy.
• Brock Neeley, Porterville, accused two council members of ethics violations, defended LGBTQ+ rights, opposed “straight pride,” and condemned military action against civilians.

REPORTS

I. City Commission and Committee Meetings

1. Transactions and Use Tax Oversight Committee (TUTOC) - May 27, 2025 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - May 2025

2. Freedom Express Shuttle Service Update for Freedom Fest 2025

3. Strawn v. City of Porterville - Report by City Attorney Regarding Council Action to Consider Judgment Satisfied

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion. Vice Mayor McKervey noted a conflict pertaining to Item No. 8.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Green that the City Council approve Items Nos. 1-14. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF JUNE 3, 2025
Recommendation: That the Council approve the draft Minutes of June 3, 2025.

Documentation: M.O. 03-061725
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE WATER AND STREETS DIVISION FLEET

VEHICLES
Recommendation: That the City Council:

1. Authorize the purchase by negotiation of one Fire Hydrant Testing Service Truck in the amount of $122,190 to be funded from the Water Enterprise Fund;

2. Authorize the purchase by negotiation of one Flatbed Service Truck for the Streets Division in the amount of $112,000 to be funded from Measure I – Streets; and

3. Authorize both purchases to be made pursuant to California State Contract No. 1-22-23-20F for fleet vehicles, and authorize payment upon satisfactory delivery and fabrication of the equipment.

Documentation: M.O. 04-061725
Disposition: Approved.

3. AUTHORIZATION OF EMERGENCY EXPENDITURE PROCESS FOR

REPLACEMENT OF AIR CONDITIONER AND BOILER AT THE POLICE

DEPARTMENT
Recommendation: That the City Council:

1. Ratify the determination that utilizing the emergency process for the air conditioning and heating system replacement at the Police Department meets the emergency criteria as promulgated in Article VII, Section 2-38 of the City Code;

2. Approve the draft resolution authorizing the appropriation of funds from the General Fund Reserve Deferred Maintenance fund;

3. Direct the Finance Director to initiate a Purchase Order to BMI Mechanical in an amount not to exceed $357,083 (inclusive of a 10% contingency); and

4. Direct the Finance Director to make payment to BMI Mechanical upon receipt of invoices approved by the Engineering & Project Management Director.

Documentation: Resolution No. 53-2025
Disposition: Approved.

4. REIMBURSEMENT FOR TRANSPORTATION IMPROVEMENTS (STORE-IT AT

GIBBONS AVENUE AND JAYE STREET)
Recommendation: That the City Council:

1. Accept the transportation improvements related to the Storeit LLC project; and

2. Approve reimbursement to Dayco Construction, Inc in a total amount not to exceed $79,596 (inclusive of a 10% contingency).

Documentation: M.O. 05-061725
Disposition: Approved.

5. AUTHORIZATION TO RENEW THE AGREEMENT BETWEEN THE CITY OF

PORTERVILLE AND THE TULARE COUNTY SHERIFF'S OFFICE WORK

ALTERNATIVE PROGRAM
Recommendation: That the City Council authorize renewal of the Agreement between the City of Porterville and Tulare County for the Sheriff's Office Work Alternative Program contingent upon review by the City Attorney.

Documentation: M.O. 06-061725
Disposition: Approved.

6. APPROVAL OF GROUND LEASE AGREEMENTS WITH PORTERVILLE UNIFIED

SCHOOL DISTRICT FOR LOT 9 AND LOT 10 AT PORTERVILLE MUNICIPAL

AIRPORT
Recommendation: That the City Council:

1. Approve the Ground Lease Agreement with Porterville Unified School District for Lot 9 at the Porterville Municipal Airport, contingent upon the close of escrow on the purchase of the existing hangar located on said lot;

2. Approve the Ground Lease Agreement with Porterville Unified School District for Lot 10 at the Porterville Municipal Airport, contingent upon the close of escrow on the purchase of the existing hangar located on said lot; and

3. Authorize the Mayor to execute the agreements, with any final nonsubstantive changes approved by the City Attorney.

Documentation: M.O. 07-061725
Disposition: Approved.

7. AUTHORIZATION TO TEMPORARILY EXTEND PARTICIPATION IN

COOPERATIVE PURCHASING PROGRAMS ON EXISTING ASPHALT

CONTRACTS
Recommendation: That the City Council authorize a temporary extension of the Fiscal Year 2024–2025 contracts for purchasing asphalt mix and materials utilizing the contracts between the County of Tulare and Jaxon Enterprises pending a finalized contract for the 2025-2026 Fiscal Year.

Documentation: M.O. 08-061725
Disposition: Approved.

8. ACCEPTANCE OF FINAL SUBDIVISION MAP - BROOKSIDE, PHASE 2 (PRESIDIO JJR BROOKSIDE 110 LLC AND PRESIDIO JJR LAURELWOOD 110 LLC)
Recommendation: That the City Council:

1. Approve the final subdivision map of Brookside, Phase 2; and

2. Accept all offers of dedication shown on the final map or by separate deed document.

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

Documentation: M.O. 09-061725
Disposition: Approved.

9. INTENT TO SCHEDULE A PUBLIC HEARING TO CONSIDER AMENDMENTS TO

THE CITY'S ORDINANCE REGULATING UNSAFE AND UNAUTHORIZED

CAMPING AND STORAGE OF PERSONAL PROPERTY
Recommendation: That the City Council set a Public Hearing for July 15, 2025, to receive public input and consider the first reading of an ordinance amending Article VII of Chapter 18, regulating unsafe and unauthorized camping and storage of personal property, the protection of critical infrastructure, and mitigation of harm to public health, safety and welfare.

Documentation: M.O. 10-061725
Disposition: Approved.

10. PRELIMINARY ANNUAL ENGINEER'S REPORT OF ASSESSMENTS FOR

LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS AND SETTING A

PUBLIC HEARING
Recommendation: That the City Council:

1. Adopt the draft resolution ordering the preparation of an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year;

2. Adopt the draft resolution giving preliminary approval to the Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year;

3. Adopt the draft resolution declaring the intent to levy and collect assessments for the 2025-2026 Fiscal Year, and offering a time and place for hearing objections hereto; and

4. Schedule a Public Hearing for July 15, 2025, at 6:30 P.M., regarding the Engineer's Report and proposed assessment for the Landscape and Lighting Maintenance Districts for the 2025-2026 Fiscal Year.

Documentation: Resolution No. 54-2025, Resolution No. 55-2025, Resolution No. 56-2025 Disposition: Approved.

11. APPROVAL OF REVISED COMMUNITY CIVIC EVENT - COMMUNITIES OF THE GIANT SEQUOIAS - 2ND ANNUAL WATERMELON FESTIVAL - JULY 13, 2025 Recommendation: That the City Council approve the revised Community Civic Event application submitted by the Communities of the Giant Sequoias to hold

the 2nd Annual Watermelon Festival on Sunday, July 13, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 11-061725
Disposition: Approved.

12. AUTHORIZATION FOR STREET CLOSURE - KJUG CONCERT
Recommendation: That the City Council authorize the street closure for the KJUG Concert on June 27, 2025, from 3:00 - 9:00 p.m., on Main Street from Cleveland Avenue to Thurman Avenue and Cleveland Avenue from Main Street to the alley just east of Centennial Park.

Documentation: M.O. 12-061725
Disposition: Approved.

13. ANNUAL STATE SENATE BILL 1205 FIRE INSPECTION COMPLIANCE REPORT

Recommendation: That the City Council approve the attached Resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department’s inspection of specific buildings and occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.

Documentation: Resolution No. 57-2025
Disposition: Approved.

14. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD EMERGENCY

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

Documentation: M.O. 13-061725
Disposition: Approved.

PUBLIC HEARINGS

15. STATUS OF VACANT POSITIONS AS REQUIRED BY AB 2561
Recommendation: That the City Council conduct a public hearing and review the vacancy report in compliance with AB 2561.

Interim City Manager Tree introduced the item and Administration Director Yuliana Andrade presented the staff report.

Mayor Meister opened the Public Hearing at 7:21 p.m. and closed the Public Hearing at 7:21 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Rivas, SECONDED by Mayor Meister that the City Council review and accept the vacancy report. The motion carried unanimously.

Documentation: M.O. 14-061725
Disposition: Approved.

16. PUBLIC HEALTH GOAL REPORT
Recommendation: That City Council conduct a Public Hearing to solicit comments on the Public Health Goal Report.

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

Mayor Meister opened the Public Hearing at 7:27 p.m.
• Luis Gonzalez, Porterville, asked for more information on nitrates, citing a 2013 report.

Mayor Meister closed the Public Hearing at 7:29 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Rivas, SECONDED by Mayor Meister that the City Council review and accept the Public Health Goal Report. The motion carried unanimously.

Documentation: M.O. 15-061725
Disposition: Approved.

17. CONSIDERATION OF AN ORDINANCE DESIGNATING FIRE HAZARD SEVERITY

ZONES IN THE LOCAL RESPONSIBILITY AREA
Recommendation: That the City Council:

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

2. Receive and review the Fire Hazard Severity Zone maps and data received from the State Fire Marshal in March 2025;

3. Acknowledge that the received information was made available for public review and comment within 30 days of receipt. The website was opened to the public, notices were mailed to affected property owners, and the Fire Department pushed the information out via social media platforms. The public comment period was open for 30 days from April 4 through May 4, 2025, in accordance with Government Code Section 51178.5;

4. Approve the draft ordinance designating only Moderate Fire Hazard Severity Zones within the City’s Local Responsibility Area, waive the first reading, and order the ordinance to print.

Interim City Manager Tree introduced the item and Fire Marshall Clayton Dignam presented the staff report.

Mayor Meister opened the Public Hearing at 7:40 p.m.
• Juan Gonzalez, Porterville, asked about Porterville’s current fire risk, referencing a 2013 report.

Mayor Meister closed the Public Hearing at 7:41 p.m. when no one else came forward to speak.

Council members sought clarification on whether these designations represented a new risk. Staff indicated that the city has always treated these specific parcels with a robust weed abatement program, meaning the identified areas have consistently been a priority for the city's efforts. The new state designation simply codifies what the city was already doing, and there is no perceived increase in severity or change in how the city will manage these areas COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council approve draft Ordinance No. 1912, being AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE TO DESIGNATE FIRE HAZARD SEVERITY ZONES, give first reading by title only, and order it to print. The motion carried unanimously.

Documentation: Ordinance No. 1912
Disposition: Approved.

18. ADOPTION OF A PROVISIONAL INTERIM BUDGET FOR THE FIRST QUARTER OF FISCAL YEAR 2025-2026
Recommendation: That the City Council:

1. Conduct a public hearing to consider the adoption of a Provisional Interim City Budget for the period July 1, 2025, through September 30, 2025; and

2. Adopt the attached resolution approving the continuance of the Fiscal Year 2024-2025 budget through the first quarter of Fiscal Year 2025- 2026.

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

Mayor Meister opened the Public Hearing at 7:46 p.m. and closed the Public Hearing at 7:47 p.m. when no one came forward to speak.

Vice Mayor McKervey emphasized the need for a detailed financial review, noting that a previous review he requested was only a broad overview. He urged a thorough examination of the budget to uncover structural issues or deficits. He cited the recycling program as an example, which shifted from generating $500,000 in revenue to costing the city the same amount—resulting in an estimated $6–8 million in losses. He also pointed to the golf course, a recurring $300,000 annual expense, describing it as a "loss leader" with community value, but questioned its longterm financial impact. McKervey stressed the importance of transparency, especially in light of the recent departure of the interim city manager.

Mayor Meister agreed, highlighting the Armory's $300,000 annual cost to house homeless individuals as another structural concern. He requested that budget study session materials be delivered four to five days in advance, rather than on the day of the meeting, to allow for proper review.

Council Member Rivas supported the call for transparency, expressing frustration that previously requested budget information was not provided in a timely manner, which limited the council’s ability to make informed decisions.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council adopt the draft resolution approving the continuance of the Fiscal Year 2024-2025 budget through the first quarter of Fiscal Year 2025-2026. The motion carried unanimously.

Documentation: Resolution No. 58-2025
Disposition: Approved.

SCHEDULED MATTERS

19. ENVIRONMENTAL DOCUMENT PROCUREMENT PROCESS
Recommendation: That the City Council:

1. Provide staff direction regarding any modification to Development Ordinance Section 611.04 related to environmental consultant contracting.

Interim City Manager Tree introduced the item and Contract City Planner Jeff O'Neal presented the staff report.

Vice Mayor McKervey criticized CEQA that increases housing costs. He supported giving builders flexibility by allowing them to choose either from a city-approved list of consultants or use their own qualified professionals.

City Attorney Lew advised that amending the current ordinance would require a public hearing, and instead recommended a more flexible solution: rescind Ordinance 1081 and return to a policy-based system. This would allow for easier updates in the future without the constraints of the formal ordinance amendment process.

Mayor Meister agreed with adopting a policy approach, noting it would be simpler to revise if problems emerged. He stressed, however, that while the goal is to streamline the process, developer accountability and high standards must remain, with no tolerance for cutting corners.

Council Member Beltran also supported the change, emphasizing the need for a vetting process for consultants not on the city’s list, as well as final oversight and approval by the city.

Consensus of the council was to direct staff to rescind the existing ordinance and simultaneously bring forward a new policy for the environmental document procurement process.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council direct staff to bring an item forward to rescind the existing ordinance related to the Environmental Document Procurement Process, and simultaneously bring forward a policy for a new procurement process. The motion carried unanimously.

Documentation: M.O. 16-061725
Disposition: Approved.

20. INITIATION OF COMPREHENSIVE REVIEW AND MODERNIZATION OF ARTICLE 305 – SIGNS OF THE PORTERVILLE DEVELOPMENT ORDINANCE
Recommendation: That the City Council:

1. Direct staff to initiate an expedited review and modernization of Article 305 – Signs of the Porterville Development Ordinance;

2. Establish a staff-led working group to evaluate and recommend changes based on Council direction, prior consultant input, and stakeholder feedback;

3. Direct staff to return within 60 days with proposed revisions and an implementation schedule for Council consideration.

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

Councilmember Rivas emphasized the need to reduce bureaucracy and collaborate closely

with business owners by focusing on safety measures like securing signs, rather than imposing strict rules on their appearance or placement.

Councilmember Beltran acknowledged that existing rules aim to ensure safety and prevent distractions, and he is open to changing burdensome policies if specific examples are provided.

Councilmember Green stated that signage complaints are common, especially regarding roof lines and selective enforcement, and he hopes the review will streamline codes and address these issues.

Vice Mayor McKervey said that strict aesthetic rules should not apply citywide, advocated ending anonymous complaints to ensure fairness, and called for simplifying signage rules to support small businesses.

Mayor Meister raised several concerns for review, including the window advertisement limit, vague moral clauses, safety risks from unpermitted signs, restrictive design principles, language restrictions on signs, and certain prohibited sign sections.

The council strongly supported the proposed review and modernization of Article 305.

Direction was given to staff to begin an expedited review, form a staff-led working group, and return with proposed revisions and an implementation schedule.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council direct staff to establish a staff led working group to evaluate and recommend changes based on Council direction, and directed staff to return within 60 days with proposed revisions and an implementation scheduled for council. The motion carried unanimously.

Documentation: M.O. 17-061725
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center Committee (LINC) - June 4, 2025 Council Member Beltran provided an update on several items of interest, such as the approval of Minutes, no budget changes, and the Navigation Center. Council Member Rivas, who was also present at the meeting stated that the Navigation Center is doing their best to support those in need.

2. Eastern Tule Groundwater Sustainability Agency - June 5, 2025 Council Member Green stated that no significant discussion had taken place during the meeting that pertained to the City.

3. Tulare County Association of Governments (TCAG) - June 16, 2025 Mayor Meister highlighted upcoming roundabout projects, concerns about a $12 billion state budget deficit affecting transit funding, a $1.8 million transit improvement program,

a county mural map app, the economic importance of tourism, pending airport fuel tax legislation, plans for new regional transit passes, and $62.7 million in grant funding secured for county projects.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, proposed adding staff to make code enforcement proactive rather than reactive.
• Darrin Garrett, Porterville, stated that signs on Ken's building have been securely in place for 25 years, and praised the council for their work.
• Luis Gonzalez, Porterville, praised the council’s professionalism, expressed pride in Porterville, and asked for a copy of the meeting topics. • Ken Whitman, Porterville, urged openness to new window tint technology that saves energy and supports business signage, and expressed pride in Porterville. • Rae Dean Strawn, Porterville, thanked the council for resolving the judgment against her, expressed trust in their leadership, and hoped such issues wouldn’t happen again. • Paul Flores, Porterville, accused the council of corruption and demanded transparency and accountability.

OTHER MATTERS
• Council Member Beltran thanked the community, praised the Flag Day ceremony, explained his abstention related to the Strawn vote due to personal ties, and expressed optimism about the council’s progress.
• Council Member Rivas thanked staff, praised public safety teams, expressed support for Rae Dean Strawn while stressing lawfulness, commended fellow councilmembers, and expressed pride in serving his constituents.
• Council Member Green reflected on his first Flag Day ceremony, praised law enforcement, admired the symbolic power of the flag, and emphasized honoring those who fought and died for it.
• Vice Mayor McKervey emphasized constitutional freedoms, supported waiving Strawn’s fees for closure, backed a medical freedom ordinance, praised community efforts on homelessness, called for streamlining business licensing through technology, and requested that the council consider a $50,000 grant program to support small businesses, public art, and civic pride.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council approve Vice Mayor McKerveys request to place an item on the agenda at a future meeting, as a Scheduled Matter, to consider a $50,000 grant program using leftover council funds for the fiscal year to support “brick and mortar” small businesses, murals, artwork, heritage, and patriotism, and promote the city’s motto.

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

ABSTAIN: None
ABSENT: None

Documentation: M.O. 18-061725
Disposition: Approved.
• Mayor Meister emphasized defending liberty over unjust laws, celebrated closure in the Strawn case, supported emergency police facility repairs, and shared updates on recent community events, and requested that the council consider a letter to be sent to the Commander-in-Chief, Congressman Valadao, Vince Vaughn, and State Assembly/Senate requesting a partnership for Freedom Fest next year.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve Mayor Meisters request to place on the agenda at a future meeting, as a Scheduled Matter, to consider a letter to be sent to the Commander-in-Chief, Congressman Valadao, Vince Vaughn, and State Assembly/Senate requesting a partnership for Freedom Fest next year.

The motion carried unanimously.

Documentation: M.O. 19-061725
Disposition: Approved.

The Council reconvened into Closed Session at 9:20 p.m. City Attorney Lew stated that it was not expected there would be anything to report afterward.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 10:56 p.m. to the meeting of July 15, 2025, at 5:30 p.m.

Fernando Gabriel-Moraga,
Chief Deputy City Clerk
SEAL

Greg Meister, Mayor
Item No. 2.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Youth Soccer Uniforms SOURCE: Parks and Leisure Services
COMMENT: Youth Fall Soccer is an annual youth sports program administered by Parks and Leisure Services that takes place at the Porterville Sports Complex from July to October. Registration to participate is offered for youth ages 4-13. A portion of the $70 registration fee covers the cost of a jersey, shorts and socks.

Participation in this sport continues to be in high demand with nearly 400 players each season, as most age divisions typically fill up on the first day of registration.

For comparison, staff requested quotes from three companies who specialize in mass soccer uniform production for the 2025 uniforms, which would include a jersey, shorts, and a pair of socks for each player. The specifications include jerseys of varying colors for each team, the City of Porterville soccer logo, and a number on the back of each jersey. The jersey is two colors and made of 100% polyester performance fabric. The shorts are also made from a 100% polyester performance fabric. The socks are 80% acrylic/ 20% nylon with a fold-over cuff. Due to the varying sizes of registered players, jerseys are ordered in both youth and adult sizing. Uniforms are quoted at a per-unit price due to the fact that the exact number of youth and adult sizes needed will not be known until all registration has taken place. The quotes were consistent with the requirements of the specifications as detailed in the request. Below are the estimated costs, including sales tax, for 400 players, calculated based on the per-unit price:

SCORE Sports: Player $19.95, Coach (First 44 free, $9.95 after). Total estimated cost $10,444.20.

All Sports Uniforms: Player $33.23, Coach $21.24. Total estimated cost $13,530.00.

ProTime Sports, Inc: Player $24.60, Coach $1.25. Total estimated cost $13,819.03.

The uniform order is not made until as close to the first games as possible due to inevitable roster moves. Vacated roster spots are filled from waitlists with the new player possibly having a different uniform size than the youth no Item No. 2.
longer playing. Final costs may vary depending on the exact number of youth and adult sizes required. The expenditure for the uniforms is recovered from the registration fees. SCORE Sports has supplied the City's Youth Fall Soccer uniforms in the past.

RECOMMENDATION: That the City Council authorize the purchase of the 2025 Youth Fall Soccer uniforms from SCORE Sports at the unit price of $19.95 for players and $9.95 for coaches for a total estimated cost of $10,444.20.

ATTACHMENTS: 1. Uniform Quotes
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager

Item No. 3.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Transit Bus Air Compressor SOURCE: Public Works
COMMENT: Transit Vehicle #8211 has experienced a failure of its air compressor, rendering it inoperable. Staff attempted to solicit quotes from three vendors but was unsuccessful in obtaining responses from more than two. The quotes received were:

New Flyer (NFI Parts) $9,677.32
RWC Group $15,145.43
The City has established an account with the vehicle manufacturer, New Flyer (NFI Parts), allowing for direct purchase of OEM parts. This not only ensures compatibility and reliability but also results in significant cost savings compared to aftermarket vendors.

Given that this vehicle has an estimated 11 years of useful service life remaining, prompt repair is both cost-effective and operationally necessary.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of a replacement air compressor from New Flyer (NFI Parts) at a cost not to exceed $10,645 (inclusive of all parts, taxes, freight, and a 10% contingency); and

2. Authorize payment of invoice upon receipt of air compressor.

ATTACHMENTS: 1. New Flyer estimate 8211

2. RWC estimate 8211
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Item No. 3.

Final Approver: Richard Tree, Interim City Manager

Item No. 4.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Zero-Emission Landscaping Equipment SOURCE: Parks and Leisure Services
COMMENT: The San Joaquin Valley Air Pollution Control District is a public health agency whose mission is to improve the health and quality of life for all Valley residents through efficient, effective and entrepreneurial air quality management strategies. The Zero-Emission Landscaping Equipment Program provides incentives for San Joaquin Valley landscapers, public agencies, and businesses that perform their own landscape maintenance, to replace their old gas-powered landscape equipment with new electric options. Eligible entities must, for the past two years prior to submitting an application, currently, have owned and operated gas or diesel-powered professional landscape maintenance equipment in daily operations within the geographic area of the San Joaquin Valley Air Basin. Some of the eligible equipment types include:
string trimmers, chainsaws, blowers, and mowers.

On October 15, 2024, City Council adopted a Resolution approving the application for the Zero-Emission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District submitted by the Parks and Leisure Services Department. There is currently gas and dieselpowered equipment at the end of its useful life in need of replacement in the Parks Division inventory. With the goal of reducing the cost to the City's budget, the Parks Division intends to exchange current gas-powered equipment with battery-powered equipment. The Parks Department plans to purchase the following equipment: (4) four backpack blowers, (1) one string trimmer, (1) one saw kit, (2) two chainsaws, and (1) one mower. The expected savings to the Parks Division budget to replace this equipment is approximately $23,400. The City's matching portion of the grant is approximately $8,200 to be funded by the Equipment Replacement Fund.

RECOMMENDATION: That the City Council authorize the purchase of zero-emission landscaping equipment using Zele vouchers for an amount not to exceed $31,388.60, of which the City's share is approximately $8,200.

Item No. 4.

ATTACHMENTS: 1. Quote 7804180
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager
Quotation
Visalia CA - SiteOne Hardscape Center #472
30595 Road 68
Visalia, CA 93291-9585
W: (559)635-7833
Bill To:

City Of Porterville Parks Superintendent (#1030794)
291 N Main St
Porterville, CA 93257-3737
W: (559)782-7451
Ship To:

City Of Porterville Parks Superintendent (#1030794)
291 N Main St
Porterville, CA 93257-3737
W: (559)782-7451
Created Quote# Due Date Expected Award Date Expiration Date 07/02/2025 7804180 10/23/2024 10/23/2024 07/31/2025
Printed Job Name Job Description Job Start Date
07/02/2025 10:38:55 ZELE Voucher Porterville, Ca 10/23/2024 Line
#
Item# ItemDesc Qty UOM Unit Price Extended
Price
1 3009-24HD Milwaukee M18 FUEL Brushless Dual Battery Backpack Blower Kit 1 EA 1,499.000 1,499.00 2 3009-24HD Milwaukee M18 FUEL Brushless Dual Battery Backpack Blower Kit 1 EA 1,499.000 1,499.00 3 3009-24HD Milwaukee M18 FUEL Brushless Dual Battery Backpack Blower Kit 1 EA 1,499.000 1,499.00 4 3009-24HD Milwaukee M18 FUEL Brushless Dual Battery Backpack Blower Kit 1 EA 1,499.000 1,499.00 5 3006-22 Milwaukee 18V M18 Fuel Brushless Cordless Dual Battery 17 in. String Trimmer Kit 1 EA 699.000 699.00 6 3013-21 Milwaukee 18V M18 Fuel Brushless Cordless 10 in. Telescoping Pole 13 ft. Length Saw Kit 1 EA 799.000 799.00 7 2826-22T Milwaukee 14 in. Top Handle Chainsaw 2 Battery Kit 1 EA 699.000 699.00 8 2826-22T Milwaukee 14 in. Top Handle Chainsaw 2 Battery Kit 1 EA 699.000 699.00 9 997007 Gravely Pro-Turn EV 60 Side Discharge, w/ 60 in. Fabricated X-Factor 3 Deck, 4 Lithium-Ion Batteries 1 EA 19,999.000 19,999.00 10 797020 Gravely 60 in. Grass Mulching Kit - Fits 60 in. Pro-Turn EV SD models 1 EA 239.950 239.95 Total Price: $ 29,130.95
Total Tax: $ 2,257.65
Total: $ 31,388.60
HardscapeCenter is not responsiblefor theaccuracyof theitems containedinthis quotation. Pleasereviewcarefully. Pleaseaddappropriatesales tax. Prices onthis quotearegoodfor 30days after theenteredbiddate.

Local taxmaydiffer based on locations and local codes.

Item No. 5.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Repair Materials for Rowland Well No. 7 SOURCE: Public Works
COMMENT: The City of Porterville Rowland Well No. 7, located on W. Della Avenue west of Mathew Street, has experienced an operational failure. Upon inspection, City Water Staff determined that both the motor and pump require replacement.

Given the importance of maintaining an adequate water supply to meet consumer demand during the summer months, the timely repair of this well is critical. The City requested quotes from local pump repair companies. The following three quotes were received:

Carver Pump $11,176.96
SA Camp $13,675.48
Willitt's Pump $14,000.69
Carver Pump submitted the lowest quote and is prepared to ship all required parts and materials immediately. The total cost of the repair, covering all parts, taxes, labor and a 10% contingency, will not exceed $12,295. This expense will be covered by the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Carver Pump Co. for an amount not to exceed $12,295, which includes parts, taxes, labor and a 10% contingency for the repair materials for Rowland Well No. 7; and

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

ATTACHMENTS: 1. Rowland Well No. 7 Location Map

2. Carver Pump Quote

3. S.A. Camp Pump Quote

4. Willits Pump Quote
Item No. 5.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Richard Tree, Interim City Manager
ROWLAND WELL 7

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 ROWLAND WELL 7 S MATHEW ST

OLIVE AVE

PORTERVILLE

CHURCH OF THE

NAZARENE

W DELTA AVE N FIR ST

Item No. 6.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Loan Servicing Software to Manage Mortgage, Business, and Public Utility Connection Loans
SOURCE: Community Development
COMMENT: The Community Development Department manages several grants that involve receipt of federal entitlement allocations from the U.S. Department of Housing and Urban Development (HUD) as well as state grants from the State Department of Housing and Community Development (HCD). The primary grants received are the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME). A portion of the funds received are utilized for the provision of loans and grants under a variety of affordable housing and business assistance programs, which support economic development and affordable housing activities.

Loan servicing is completed in-house by City Staff; however, the Loan Servicing Software is purchased annually. The software is also used by the Engineering and Project Management (EPM) Department to service the Single-Family Owner-Occupied Connection Fee Loans funded with general funds, which offer loans with interest rates that are below market for sewer and water connections. Within the two departments, the City’s current loan portfolio comprises 617 accounts, of which 270 are active accounts, and all loans are located in one software system in order to efficiently service the loan portfolio and maintain the history of the accounts in one location for auditing purposes.

In April 2024, the City Council approved the purchase of loan servicing software from City Data Services for $19,960 for Year one (setup and annual) and $8,160 for Year 2 and forward. After the execution of the agreement, the company was purchased by Balio Software US, Inc. dba City Data Services. A new agreement (provided as an attachment to this report), subject to annual renewal, is being presented in order to continue use of the software for Fiscal Year (FY) 2025-26 and forward. The new price being proposed is $13,400 for the first year and, if renewed, the annual fee shall be $15,410 for the second year and shall increase by three percent (3%) annually for each renewal term.

The increase in price is attributed to upgraded services and software tailored to the City’s needs. Annual renewal will be contingent upon the availability of grant funding for each subsequent year.

Item No. 6.

Funding is available for FY 2025-26 through Community Development Block Administration funds as well as HOME administration funds.

RECOMMENDATION: That the City Council:

1. Authorize staff to purchase loan servicing software from City Data Services for a total of $13,400 for year one (FY 2025-26) and $15,410 for the second year and an increase of three percent (3%) annually for each subsequent renewal term, contingent upon the availability of grant funding for each year; and

2. Authorize the Community Development Director to sign all necessary documents for execution of the one-year contract with the option to extend it yearly as needed.

ATTACHMENTS: 1. Draft Services Agreement
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE

SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement (hereinafter referred to as “Agreement”) is entered on July 1, 2025 (the "Effective Date") by and between the City of Porterville, a California municipal corporation (“City”), and Balio Software US, Inc dba City Data Services LLC, a Delaware limited liability company having a principal place of business at 166 Geary St. 15th Floor Suite #171, San Francisco, CA 94108 (“Provider”).

RECITALS
A. Provider is the owner of its proprietary software that the City has selected to use for the City’s loan management.

B. Provider represents and warrants that it is qualified to provide the Software as a Service Application and perform the Services as set forth under this Agreement.

C. Provider desires to grant to the City and the City desires to obtain from Provider a nonexclusive license to use the Software as a Service Application and obtain the services in accordance with the terms and on the conditions set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Use of the SaaS Software. Provider shall provide the City with the Software as a Service Application and services, which are described in the Provider’s Proposal and attached hereto as Exhibit “A” and incorporated herein by reference (“SaaS Software”). The specifications, performance and functionality of the SaaS Software shall comply in all respects with the requirementsset forth in the Provider Proposal and any documentation for the SaaS Software (“Functional Requirements”). Subject to the terms and conditions of this Agreement, Provider hereby grants the City and Authorized Users a renewable, irrevocable (except as set forth herein and for the term of the agreement only), non-exclusive, royalty-free, and worldwide license to access, display, and execute the SaaS Software and related documentation during the Term of this Agreement and any renewals thereof, if any.

2. Services. Provider shall further provide the City with implementation, project management, and training services in connection with the implementation of the SaaS Software as further described in Exhibit “A” (“Services”).

3. Compensation.
a. Subject to paragraph 3(b) below, the City shall pay for the SaaS Software, including the related Services, in accordance with the schedule of costs set forth in Exhibit “C.”

b. In no event shall the total amount paid for the SaaS Software and Services rendered by Provider under this Agreement exceed the sum of $13,400 (Thirteen Thousand Four Hundred Dollars and 00/100) for the first year, in accordance with the fee schedule outlined in Exhibit C.

Thereafter, this Agreement is subject to annual renewal, which shall be contingent upon the availability of grant funding for each subsequent year. If such funding is not secured or renewed, this Agreement shall terminate at the end of the then-current term without further obligation by either party.

If renewed, the annual fee shall be $15,410 (Fifteen Thousand Four Hundred and Ten Dollars and 00/100) for the second year and shall increase by three percent (3%) annually for each renewal term. The City shall notify the Provider in writing at least sixty (60) days prior to the renewal date regarding the status of grant funding and the intent to renew. c. Payment to Provider shall be considered as full compensation for all personnel, materials, supplies, and equipment used in performing the Services. d. The City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of the City’s right to request Provider to correct such work or billings or seek any other legal remedy.
e. The annual contract value shall be invoiced and payable in advance, on or before the 1st day of the contract period
f. Payment shall be due within thirty (30) calendar days of receipt of a correct and complete invoice
g. Payment shall be made via ACH, wire transfer, or another electronic method unless otherwise agreed
h. Any payment not received within thirty (30) days of the invoice due date shall be considered Overdue. Overdue invoices shall incur a late payment fee of $500 for every thirty (30) calendar days that payment remains past due, beginning on the thirty-first (31st) day after the invoice due date. Partial periods of thirty days shall incur a late fee pro-rated accordingly. Provider retains the right to suspend services if payment is not received within 60 days of the invoice due date.

4. Term and Termination.
a. Term. The term of this Agreement shall commence on July 1, 2025 and expire on June 30, 2026 unless earlier terminated as otherwise provided herein. b. Options to Renew. The City has the option to renew the Agreement for additional oneyear periods, contingent upon the availability of grant funding as described in Section 3.

The City may extend this Agreement beyond the expiration date by exercising an option

at the City’s sole and absolute discretion and by modifying this Agreement as provided in Section 8.
c. Termination
(i) Termination for Breach by Either Party. Either party may terminate this Agreement upon written notice to the other party, if the other party breaches a material term of this Agreement and such breach remains uncured for thirty (30) days after the other party’s receipt of such notice.
(ii) Termination for Non-Appropriation. The City’s payment obligation under this Agreement extends only to funds appropriated annually by the City’s governing body for the purpose of this Agreement. For each succeeding fiscal period covered by this Agreement, City’s applicable department responsible for this Agreement agrees to include in its budget request appropriations sufficient to cover the annual financial obligations under this Agreement. However, the City’s governing body has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. If the City is appropriated insufficient funds to continue annual payments under this Agreement, City may terminate this Agreement by giving Provider not less than ninety (90) days’ prior written notice. Upon termination under this paragraph, Provider shall be entitled to compensation for all SaaS Software Services rendered prior to the effective termination date. Provider’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This Section controls against any and all other provisions of the Agreement.
d. Effect of Termination or Expiration.
(i) The City will pay Provider all amounts payable hereunder as of the termination or expiration date or Provider shall provide a prorated refund of amounts paid by the City where termination occurs for breach by Provider prior to the first twelve (12) months of the Term;
(ii) All rights and licenses granted hereunder to the City (as well as all rights granted to any Authorized Users of City) will immediately cease, including but not limited to all use of the SaaS Software; and
(iii) The City will, upon written request of Provider, either return to Provider or provide Provider with written certification of the destruction of, all documents, computer files and other materials containing any Confidential Information of Provider that are in the City’s possession or control.
(iv) Provider shall provide to the City and/or Successor Service Provider, assistance requested by the City to affect the orderly transition of the SaaS Services, in whole or in part, to the City or to Successor Service Provider. During the transition period,

SaaS and City Data access shall continue to be made available to the City without alteration while the City remains in contract with City Data Services. Such Transition Services shall be provided on a time and materials basis, in accordance with the latest CDS Professional Services rate card and the resourcing capacity of the Provider. If the City opts to return to its own servers or the City chooses a Successor Service Provider transition costs may include: (a) developing a plan for the orderly transition of the terminated SaaS Services from Provider to Successor Service Provider; (b) if required, transferring the City Data to Successor Service Provider; (c) using commercially reasonable efforts to assist the City in acquiring any necessary rights to legally and physically access and use any third-party technologies and documentation then being used by Provider in connection with the Services; (d) using commercially reasonable efforts to make available to the City, pursuant to mutually agreeable terms and conditions, any third-party services then being used by Provider in connection with the SaaS Services; and, (e) such other activities upon which the Parties may agree. This Section (4)(d)(iv) shall survive the termination of this Agreement.

5. Maintenance and Support Services. Following the warranty period for the SaaS Software, Provider has agreed to make maintenance and support services for the SaaS Software available to the City in accordance with the terms of the Provider Proposal, which is attached hereto as Exhibit “A.” The SaaS Software Support and Maintenance Provisions contain mutually agreed upon pricing for such services, which pricing shall remain in effect for so long as the City makes the payments set forth in Exhibit “A.”

6. Data and Security
a. Ownership of City Data. “City Data” means all data, information, content and other materials stored or transmitted by the City, and any Authorized User, through the SaaS Services. The Parties agree that as between them, all rights, including all intellectual property rights, in and to the City Data and any derivative works of City Data is the exclusive property of the City. The City shall have access to City Data 24-hours a day, 7 days a week. Provider warrants that the City shall be able to extract City Data from the SaaS Application on demand, but no later than 48-hours of City’s request, without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees to Provider). Provider shall provide City with data in its native format as stored within the CDS database. Provider shall retain and preserve City Data in accordance with the City’s instruction and requests, including without limitation any retention schedules and/or litigation hold orders provided by the City to Provider, independent of where the City Data is stored.
b. Use of City Data. Provider agrees to hold City Data received from or created on behalf of the City in strictest confidence. Provider shall not use or disclose City’s Data except as permitted or required by the Agreement or as otherwise authorized in writing by the City.

Access to City’s Confidential Information must be strictly controlled and limited to

Provider’s staff assigned to this project on a need-to-know basis only. Provider is provided a limited non-exclusive license to use the City Data solely for performing its obligations under the Agreement and not for Provider’s own purposes or later use. Nothing herein shall be construed to confer any license or right to the City Data, including user tracking within the system, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to any third-party. Unauthorized use of City Data by Provider, subcontractors or other third-parties is prohibited. For purpose of this requirement, the phrase “unauthorized use” means the data mining or processing of data, stored or transmitted by the service, for unrelated commercial purposes, advertising or advertisingrelated purposes, or for any purpose other than security or service delivery analysis that is not explicitly authorized.
c. Data Security. To prevent unauthorized access to City Data or City Confidential Information, Provider shall establish and maintain a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (i) ensure the security and confidentiality of the City Data; (ii) protect against any anticipated threats or hazards to the security or integrity of the City Data; (iii) protect against unauthorized disclosure, access to, or use of the City Data; (iv) ensure the proper disposal of City Data; and, (v) ensure that all of Provider’s employees, agents, and subcontractors, if any, comply with all of the foregoing. d. Data Breach; Loss of City Data. “Data Breach” means any access, destruction, loss, theft, use, modification or disclosure of City Data by an unauthorized party or that is in violation of the Agreement terms and/or applicable local, state or federal law. “SaaS Software Error” means any failure of SaaS Software to conform in all material respects to the requirements of this Agreement or Provider’s published specifications or documentation.

In the event of any Data Breach, SaaS Software Error, omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of City Data or the physical, technical, administrative, or organizational safeguards put in place by Provider that relate to the protection of the security, confidentiality, or integrity of City Data, Provider shall, as applicable:
(i) Notify the City immediately following discovery, but no later than twenty-four (24) hours, of becoming aware of such occurrence or suspected occurrence; (ii) Keep the City informed regularly of the progress of its investigation; (iii) As rapidly as circumstances permit, apply appropriate resources to remedy the breach condition, investigate, document, restore City service(s) as directed by the City, and undertake appropriate response activities to correct, remediate, or to mitigate potential damage;
(iv) In the case of personally identifiable information (PII) or protected health information (PHI), at the City’s sole election, (a) notify the affected individuals as soon as practicable but no later than is required to comply with applicable law, or,

in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (b) reimburse City for any costs in notifying the affected individuals. Provider’s responsibility for the costs of providing such notifications shall not be limited by any disclaimer or limitation of liability in the Agreement; and (v) Perform or take any other actions required to comply with applicable law as a result of the occurrence.

7. Contract Documents. The following documents shall govern the performance of the Scope of Work and the terms and conditions for the provision of the SaaS Software and Services (collectively, the “Contract Documents”):
a. This Agreement;
b. Provider Proposal (Exhibit “A”); and
c. City Insurance Requirements (Exhibit “B”).

In the event of any conflict between the terms and conditions of the Contract Documents, the Contract Documents shall govern in accordance with the foregoing order of priority with this Agreement acting as the master agreement. No “click to accept” agreement may be required for the City and/or Authorized Users’ access to the SaaS Services.

8. Amendments. If changes in the software requirements and the Contract Documents seem merited by Provider or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Provider with a statement of the estimated changes in the Provider Proposal. An amendment to this Agreement shall be prepared by the City and executed by both parties before any change becomes binding upon the City. Provider acknowledges that any material amendment to the Contract Documents, particularly with respect to the schedule of charges in the Provider Proposal, may be subject to approval by the City’s City Council. Such amendment shall not render ineffective or invalidate unaffected portions of the Contract Documents.

9. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Provider and made available at all reasonable times during the Agreement period and for four (4) years from the date of final payment under the Agreement for inspection by the City.

10. Notice to Proceed. The obligations of Provider to commence performance shall by triggered by Provider’s receipt of notice from the City to proceed. Thereafter, Provider shall proceed in accordance with the Project Schedule. The Notice to Proceed shall set forth the date of commencement of the Project Schedule.

11. Delays in Performance.
a. Neither the City nor Provider shall be considered in default of the Contract Documents for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance under the Contract Documents. It is not intended by the parties that any such delay shall extend for a period in excess of sixty (60) days.

12. Confidentiality. Provider understands and agrees that, in the performance of the work or services under this Agreement may involve access to City Data that is Confidential Information. Provider agrees to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third-parties other than its employees, agents, or authorized subcontractors who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement.

Provider and any subcontractors or agents shall use Confidential Information only in accordance with all applicable local, state and federal laws restricting the access, use and disclosure of Confidential Information and only as necessary in the performance of this Agreement. Provider’s failure to comply with any requirements of local, state or federal laws restricting access, use and disclosure of Confidential Information shall be deemed a material breach of this Agreement, for which the City may terminate the Agreement. Provider agrees to advise and require its respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Provider will not disclose any Confidential Information of the City except as compelled by a court or administrative body or required by any law or regulation. Provider will give notice if any disclosure request is received for City’s Confidential Information, so the City may file an objection with the relevant court or administrative body.

13. Compliance with Law.
a. In carrying out its obligations under the Contract Documents, Provider shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements and requirements for verification of employees' legal right to work in the United States.

14. Warranty
a. SaaS Software Warranty. Provider warrants that the SaaS Software will conform in all material respects to the Functional Requirements for a period of twenty-four (24) months (“Warranty Period”) following the date upon which the SaaS Software has completed user acceptance testing and is placed in use by the City in a live production environment (“GoLive”). Provider agrees to correct or replace, at no charge, any nonconformity of which it receives notice during the Warranty Period. In addition, Provider warrants that any customization and/or error correction to the SaaS Software will conform in all material respects to the Functional Requirements. This warranty is void if the City or any other third party intentionally changes or modifies the SaaS Software without the permission of Provider.
b. Malware. Provider warrants that the SaaS Software shall not contain any lock, counter, CPU reference, virus, worm, or other malware or device capable of halting operations or erasing or altering data or programs. Provider further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the SaaS Software (or any hardware).
c. Service Warranty. Provider warrants that all Services provided under this Agreement will be performed in a professional, competent manner and as outlined in the proposal. The City shall notify Provider in writing of any breach of this warranty no later than ninety (90) days following Go-Live. Provider shall further provide a sufficient number of properly trained and competent staff to carry out the Services in a skilled and professional manner consistent with the best practices in the SaaS Software industry. d. Remedies. Provider covenants that it will make corrections of program malfunctions or errors which are reported in writing to Provider during the Warranty Period and which are necessary for the SaaS Software to conform to the warranties set forth in Section 14 of this Agreement. City agrees to allow Provider the opportunity to make repeated efforts within a thirty (30) day time period to correct programming errors or malfunctions as warranted in this Agreement. Provider agrees that program malfunctions that result in an inoperable system resulting in a financial impact to the City, or inefficient work-around, will be given its highest priority with the problem corrected as soon as practicably possible, consistent with a high priority item under the SaaS Software Support and Maintenance Provisions, using its most experienced and knowledgeable resources. Provider will strive to have any and all malfunctions resolved within no more than five calendar days.

15. Acceptance Testing; Final Acceptance. All SaaS Software and Services shall be subject to acceptance testing by City to verify, to its reasonable satisfaction, that each deliverable conforms to the requirements of a particular phase or milestone as set forth in the Exhibit “A” hereto or with respect to the SaaS Software, that it conforms to the Functional Requirements in all material respects and does not contain errors. The City and Provider will agree on a reasonable testing methodology for the SaaS Software. Acceptance testing will not begin for any deliverable until sufficient data, as reasonably determined by the City, has

been converted and loaded into the SaaS Software or component thereof to enable the City to test the functionality of the SaaS Software or any component thereof in a test environment that approximates a live production environment. If the City determines that any SaaS Software deliverable or Services do not conform with the foregoing requirements, the City shall promptly deliver to Provider a notice of non-conformity, and Provider shall work diligently to correct all nonconformities free of charge to the City by issuing one or more error corrections or re-performing the defective Services. Each error correction shall be subject to additional acceptance testing by the City. Notwithstanding the acceptance of any deliverable by the City, such deliverable shall remain subject to the warranty obligations of Provider for the entire Warranty Period. “Final Acceptance” shall occur ninety (90) days after Go-Live provided that the SaaS Software is operating properly in accordance with all of the Functional Requirements and there are no material warranty issues that adversely impact the ability of City to operate the SaaS Software.

16. Assignment and Subcontractors. Provider shall not subcontract, assign or transfer this Agreement or any rights under or interest in the Contract Documents without the written consent of the City, which may be withheld for any reason at the sole discretion of the City.

Nothing contained herein shall prevent Provider from employing independent contractors, as well as employees, to provide Services as Provider may deem appropriate, provided, however, that Provider shall remain fully responsible for such independent contractors.

17. Independent Contractor.
a. Provider enters into this Agreement as an independent contractor and not as an employee of the City. The Provider shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Provider are employees, agents, contractors or subcontractors of the Provider and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Provider by any such employees, agents, contractors subcontractors, or any other person resulting from performance of this Agreement.
b. Provider agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research.

18. Integration. The Contract Documents represent the entire understanding of the City and Provider as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.

19. Title to SaaS Software. Provider represents and warrants that it is the sole owner of the SaaS Software or, if not the owner, that it has received all legally required authorizations from the owner to license the SaaS Software as contemplated herein, has the full power to grant the rights required by this Agreement, and that neither the SaaS Software, nor its use in accordance with the Contract Documents, will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or the City.

20. Infringement and Performance Breach Remedies. If it is claimed that any work furnished by Provider, whether first developed by Provider for the City or not, infringes any intellectual property right or is otherwise unlawful, Provider agrees to defend or settle any such claim or suit at Provider’s expense and to indemnify and hold the City harmless from any losses, damages or harm, including attorney’s fees and legal expenses, incurred as a result of such claim. Without the City’s prior written approval, Provider shall not accept any liability on the City’s behalf for the infringement, nor shall Provider reach a settlement that from the City perspective impairs the value or usefulness of the work that is the subject of the infringement claim. Provider will also pay all damages and costs that by final judgment, settlement or other resolution are assessed against the City due to such alleged or proven infringement and reimburse the City for any direct damages suffered by the City as a result of the infringement claim, including but not limited to attorney’s fees. Should Provider find, or be found, to have infringed on any intellectual property rights, Provider will procure; (i) a right for the City to continue using the applicable SaaS Software or Work Product, (ii) a solution to mitigate the infringement, or (iii) a product to replace the infringing product that provides the functionality and complies with the specifications contained in the Contract Documents. The City shall not incur any additional costs related to the aforementioned remedies.

21. Indemnification. Provider shall indemnify, defend (with counsel approved by the City), and hold harmless the City, its officers, officials, agents, and employees (collectively, the “Indemnitees”) from and against any and all claims, damages, demands, liability, costs, losses and expenses, (all of the foregoing collectively “Claims”), including without limitation court costs and reasonable attorneys’ fees, which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, Provider’s performance pursuant to this Agreement, including without limitation, Claims arising on account of injury to or death of persons or damage to property. The City does not and shall not waive any rights against Provider which the City may have pursuant to this Section because of Provider’s provision of insurance policies required by this Agreement.

Provider’s obligations to defend and indemnify the City shall survive the expiration or termination of this Agreement. Providershall not be required to indemnify the City for Claims arising from the sole negligence or willful misconduct of the Indemnitees.

22. Conflicts of Interest.
a. Provider covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any present interest, nor shall they acquire any interest, direct or

indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of its Services hereunder. b. Provider shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City’s Contract Administrator determines in writing that Provider’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Provider also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Agreement, the City determines and notifies Provider in writing that Provider’s duties under this Agreement warrant greater disclosure by Provider than was originally contemplated. Provider shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

Liability of Provider. Provider shall be responsible for performing the services under this Agreement in a manner which is consistent with the generally-accepted standards of the Provider’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Provider or its employees, agents, contractors or subcontractors.

In no event shall Contractor be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, loss of data, loss of use, or cost of substitute services, even if advised of the possibility of such damages.

23. Insurance.
a. Provider will comply with the “Insurance Requirements” of the City which are attached hereto as Exhibit “B” and included as a part of this Agreement. b. No limitation on liability contained in the Contract Documents shall apply to any thirdparty claim for personal injury or wrongful death arising from the negligent acts or willful misconduct of either party, its agents or assigns. Furthermore, no limitation on liability applicable to Providershall apply to any third-party claim that the SaaS Software infringes upon the intellectual property rights of another party, nor to the obligation of Provider to deliver the SaaS Software and Services in accordance with the Scope of Work and Provider’s warranty obligations.

24. Laws, Venue, and Attorneys’ Fees. This Agreement shall be governed by the laws of the State of California. This Agreement is entered into and to be performed in Tulare County, California.

Any litigation regarding this Agreement or its contents shall be filed in a state or federal court situated in the County of Tulare, State of California. To the fullest extent permitted by law, the parties waive the right of removal provisions per California Code of Civil Procedure Section 394.

25. Documents. Provider shall deliver to the City no less than one (1) full set of documentation, manuals, and training materials for the SaaS Software. The City shall have the right to copy such documents and materials for its own internal use of the SaaS Software.

26. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered in person or sent via commercial overnight delivery or by certified mail, addressed to each party at the address set forth below or such other address for which a party has given notice in accordance with this section. Notice will be effective upon receipt, or within five (5) days of delivery.

City:

City of Porterville
Attn: Community Development Director
291 N. Main Street
Porterville, CA 93257
Provider:

Balio Software US, Inc dba City Data
Services Software LLC
166 Geary St. 15th Floor Suite #171
San Francisco, CA 94108

27. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than the Provider.

28. Non-Discrimination. Provider shall not discriminate in any way against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition or marital status in connection with, or related to, the performance of this Agreement.

29. Prohibited Interests. Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement. Further, Provider warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Unauthorized Aliens. Provider hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Provider so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against the City for such use of unauthorized aliens, Provider hereby agrees to and shall reimburse the City

for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the City.

31. Wage Theft Prevention.
a. Provider, and any subcontractor it employs to complete Services under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. b. By signing this agreement, provider affirms that it has disclosed any final judgments, decisions or orders from a court or investigatory government agency, finding in the five (5) years prior to executing this agreement that provider or its subcontractors has violated any applicable wage and hour laws. Provider further affirms that it or its subcontractor(s) has either fully satisfied each judgment, decision or order, or, if any judgment, decision or order has not been fully satisfied, provider affirms that it or its subcontractor(s) is currently satisfying said judgment, decision or order through a payment or alternative plan approved by the applicable court/government agency and that provider or its subcontractor(s) are in compliance with said plan as of the date of executing this agreement.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Provider or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Provider learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Provider shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Provider or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Provider or its subcontractor is subject to a payment or other alternative plan, the Provider or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law. f. Notice provided to the City shall be addressed to: Attention: Community Development Director, 291 N. Main Street, Porterville, CA 93257. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

32. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

33. Counterparts. This Agreement and any exhibits, amendments or renewals hereto may be executed in a number of counterparts, and each counterpart signature, when taken with the other counterpart signatures, is treated as if executed upon one original of this Agreement or any amendment or renewal. A signature by any party to this Agreement provided by facsimile or electronic mail is binding upon that party as if it were the original.

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

City of Porterville

Signature

Name

Title

Date
Balio Software US, Inc dba City Data Services
LLC

Signature

Name

Title

Date

EXHIBIT A

SAAS SOFTWARE SERVICES

SCOPE OF SERVICES
Software Development
Develop all associated forms for loan and grant management including but not limited to:
applications, reports, contracts, fiscal management forms, monitoring forms, compliance forms and data assessment forms (i.e., spreadsheets and reports); Ability to enter, display and summarize individual project/program information for the following:
• Grants & loans,
• Contracts information,
• Compliance documentation,
• Expense summaries,
• Fiscal transactions,
• Monitoring documentation,
• Administrative,
• Assessment information; and
• Reports.

System Maintenance
• Ability to enter, store, display, and summarize applications, reports and fiscal information to assist with management of Housing services, activities and compliance; • Ability to store, display, and summarize individual program/project administration information;
• Ability to store, display, and summarize individual program contract information; • Ability to enter, store, display, and summarize compliance information; • Ability to transmit sub-recipient report information into HUD's reporting system, IDIS, as needed;
• Maintain all database and report elements created under this development proposal for term of contract;
• Modify database to add or remove fields, or improve presentation of data; • Modify existing reports to meet City of Porterville’s requirements; • Promptly respond to customer service requests from City of Porterville and their clients throughout term of contract; and
• Promptly respond to request for assistance, training, or database repair.

Property Management
• Track property ownership from original developers through all subsequent owners • Store documents related to the City’s interest in the property, e.g. Deeds of Trust, Loan Documents, Agreements, etc.

• Track City financial interest in properties including, but not limited to, the original source of City funding, grant number/s, amounts, loan committee approvals, etc. • Store documents related to any financial support for the project including, but not limited to, required grant or loan reports and agreements
Document Preparation
• The City will provide all document templates and provided updated forms as necessary to ensure that all documents meet grant terms and comply with all applicable laws and regulations.
• Occupancy report and associated letter generation.
• Loan Maturity Demand Letters
Monitoring Management
• Create form letters and documents required for annual monitoring • Allow property owners to upload completed documentation for review and storage • Notify property owners who have not completed the required monitoring Custom Development
Any development, configuration, or customization requests that fall outside the standard scope of services shall be considered custom work and billed separately to this agreement. Such services may include but are not limited to:
- Development of new modules e.g. public services or housing modules - Development of logic and reporting for new loan types requiring custom workflows - Customized summary reports and exports
- Third-party integrations
Custom work shall be quoted and billed in accordance with Contractor’s then-current annual professional services rate card, unless the Contractor elects to offer a fixed-fee or discounted pricing proposal for specific deliverables, in which case such offer must be documented in writing and mutually agreed to prior to commencement of the work. No custom development shall commence without prior written approval from the City.

Migration Services
In addition to these services CDS is offering additional access and priority migration to the City due to the term of the agreed contract. The City will be offered a seat at the table in actively driving the future product direction and functionality to fit their needs as long-term Development Partners. This includes
o 1:1 Sessions with the CDS 2.0 Product Lead to incorporate feedback and functionality specific to the loan module build out and reporting used by your jurisdiction

o Beta access to CDS 2.0 for review and feedback ahead of launch o Priority migration to CDS 2.0
o Priority development of jurisdiction-specific user documentation and training materials for CDS 2.0
o 30-Day, and 90-Day Review sessions with adjustment post migration Notifications
Automatically notify City staff 90-days before any changes in any terms, e.g. affordability term expiration, or loan maturity.

Integrations
CDS integrates with IDIS for all CDBG and HOME reporting.

Reporting
Run reports and queries from data submitted, (i.e. demographics, by developer, by planning area, etc.) Run reports on current and historical monitoring compliance by property and owner.

Change Requests
Our system is intended to cover all essential loan management activities. We will include items as requested by Staff in accordance with our scope of services and prioritized in accordance with our business capacity. New requests should be raised on a quarterly basis and discussed with your CDS account manager (Mike Walker).

EXHIBIT “B”

INSURANCE REQUIREMENTS
I. Professional Liability Insurance
a. Vendor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. If the policy is claims made, any policy inception date, continuity date, or retroactive date must be on or before the effective date of this agreement, and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.

II. Cyber Liability Insurance
a. Cyber Liability Insurance with limits not less than $1,000,000 per claim. b. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

III. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01 (or equivalent), in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the Client’s coverage and be endorsed using ISO form CG 20 10 (or equivalent) to provide that Client and its officers, officials, employees, and agents shall be additional insureds under such policy or policies. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the Client.

c. Coverage shall state that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the Client and its officers, officials, employees, and agents.

IV. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than $1,000,000 per accident.

V. Workers’ Compensation and Employers’ Liability
a. Vendor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Vendor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. In the alternative, Vendor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of Client. The insurer, if insurance is provided, or Vendor, if a program of self-insurance is provided, shall waive all rights of subrogation against Client and its officers, officials, employees, and agents for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be cancelled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

EXHIBIT “C”
Fee Schedule
I. Initial 5 Year Maintenance Fee Schedule
The annual service fee covers routine maintenance, standard updates, system support, and development of core reports and features as defined in the Scope of Services.

FY Base Fee (Pre CPI) Annual Fee including 3% fixed indexation FY26 $13,400 $13,400
FY27 $15,410 $15,872
FY28 $15,410 $16,348
FY29 $15,410 $16,839
FY30 $15,410 $17,344
Total Contract Value $75,040 $79,804
Item No. 7.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Purchase Replacement Mobile Data Terminals (MDTs) and Vehicle Docks for Police Vehicles
SOURCE: Police
COMMENT:

The Porterville Police Department currently relies on Mobile Data Terminals (MDTs) in patrol vehicles to support field operations, communications, and access to critical information. However, a portion of the existing MDT units are no longer supported by the manufacturer (Dell Technologies), resulting in the loss of essential firmware updates, security patches, and technical support.

This poses a significant risk to operational continuity and data security.

Furthermore, the current vehicle docking systems are incompatible with modern MDT models, requiring the replacement of both the tablets and the docking stations to maintain reliable in-vehicle computing capabilities.

To address these issues, staff recommend replacing the obsolete equipment with updated technology. A quote was obtained from Dell Technologies (Quote No. 3000191961840.1) for the purchase of nineteen (19) Dell Latitude 7230 Rugged Extreme tablets along with nineteen (19) Havis vehicle docks specifically designed for compatibility with the new units.

Staff is requesting authorization to proceed with this critical technology replacement to ensure the continued effectiveness and security of field operations. This purchase will be made through the Dell NASPO Computer Equipment PA – California contract (Contract Code: C000001115143, Customer Agreement #: 23026/7-23-70-55-01). Use of the NASPO cooperative agreement ensures the City receives the lowest available pricing from Dell. The total cost of the equipment is $76,236.93, plus tax. Funding for this equipment will be provided through the Equipment Replacement Fund.

RECOMMENDATION: That the City Council approve the purchase of nineteen (19) Dell Item No. 7.

Latitude 7230 Rugged Extreme tablets and nineteen (19) Havis Dell 7230 Rugged Tablet Vehicle Docks from Dell Technologies, for a total cost of $76,236.93, plus tax, to be funded by the Equipment Replacement Fund.

ATTACHMENTS: 1. Dell Quote 3000191961840.1
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Richard Tree, Interim City Manager
Your quote is ready for purchase.

Complete the purchase of your personalized quote through our secure online checkout before the quote expires on Aug. 02, 2025.

You can download a copy of this quote during checkout.

Place your order
Quote Name: Porterville 7230 Rugged
Quote No. 3000191961840.1
Total $76,236.93
Customer # 4023319
Quoted On Jul. 03, 2025
Expires by Aug. 02, 2025
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
Deal ID 29142017
Sales Rep Bruce Terry
Phone 1(800) 456-3355, 6178386
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Message from your Sales Rep
Please use the Order button to securely place the order with your preferred payment method online. You may contact your Dell sales team if you have any questions. Thank you for shopping with Dell.

Regards, Bruce Terry
Shipping Group
Shipping To
IT DIV

CITY OF PORTERVILLE
291 NORTH MAIN ST
PORTERVILLE, CA 93257-3737
(559) 791-7777
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Latitude 7230 Rugged Extreme $3,323.92 19 $63,154.48
Havis Dell 7230 Rugged Tablet Vehicle Dock; Standard Port; Internal, Non-Isolated Power Supply; DS-DELL-901
$684.55 19 $13,006.45

Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$76,160.93
$0.00
$76.00
$76,236.93
$0.00
$0.00
$76,236.93

Shipping Group Details
Shipping To
IT DIV

CITY OF PORTERVILLE
291 NORTH MAIN ST
PORTERVILLE, CA 93257-3737
(559) 791-7777
Shipping Method
Standard Delivery
Unit Price Quantity Subtotal
Latitude 7230 Rugged Extreme
Estimated delivery if purchased today:

Jul. 21, 2025
Contract # C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
$3,323.92 19 $63,154.48
Description SKU Unit Price Quantity Subtotal
Latitude 7230 Rugged Extreme 210-BFQT - 19 -
12th Gen. Intel Core i7-1260U (12 MB cache, 10 cores, 12 threads, up to 4.70 GHz, vPro) 338-CHIC
- 19 - Windows 11 Pro, English, French, Spanish 619-AQLP - 19 - 32 GB, 2 X 16 GB, LPDDR5, 5200MT/s, Integrated 370-AHKV - 19 - Integrated Intel Iris Xe Graphics for i7-1260U vPro
Processor, 32GB DDR5 Memory with u-blox NEO-M9N
GPS card
338-CGSJ
- 19 -
Intel vPro Technology Advanced Management Features 631-ADOX - 19 - 512 GB, M.2 2230, PCIe NVMe, SSD, Class 35 400-BOLI - 19 - 12" Touch 1200 nits WVA FHD (1920 x 1200) 100% sRGB
Anti-Glare, Outdoor Viewable, front and rear cam, dual mic 391-BGZL
- 19 -
Intel(R) Wi-Fi 6 AX211 Wireless Driver (with Bluetooth) 555-BIFL - 19 - Intel® Wi-Fi 6E AX211, 2x2, 802.11ax, MU-MIMO and
Bluetooth® 5.3 wireless card
555-BIHY
- 19 -
4G module - CAT16 - Qualcomm® Snapdragon™ X20 LTE
(DW5821e), T-Mobile, NMEA GPS port 556-BDJD
- 19 -
Hot surface warning label 389-ECGC - 19 - Primary 2 Cell 35.6 Whr Long-lifecycle 3 Year Battery 451-BCZK - 19 - 65W AC adapter, USB Type-C, Eco-design 492-BDQZ - 19 -
Fingerprint reader, Contactless Smartcard reader (NFC), removable SSD, with passive pen
346-BILL
- 19 -
E4 Power Cord 1M for US 537-BBDO - 19 - Setup and Features Guide 340-DCSZ - 19 - Battery slot cover 325-BERE - 19 - SERI Guide (ENG/FR/Multi) 340-AGIK - 19 - ENERGY STAR Qualified 387-BBLW - 19 - Custom Configuration 817-BBBB - 19 - Mix Packaging 65W L10 CTY WWAN 4G 340-DDEG - 19 - 5MP front dedicated IR/RGB, 11MP rear with flash and
microphone
319-BBJL
- 19 -
EPEAT 2018 Registered (Gold) 379-BDZB - 19 - Hazardous Locations Certification 389-EFFU - 19 -

Right hand side expansion port - USB-A 590-TFJW - 19 -
Top expansion port, RJ45
590-TFKB - 19 - WLAN, WWAN, GPS Antennas (Pogo vehicle docking, RF passthrough) 555-BIFG
- 19 -
Intel Rapid Start and Smart Connect Technology 409-BCWQ - 19 - Rigid Handle 750-ADWQ - 19 - ProSupport: Next Business Day Onsite, 2 Year Extended 804-0499 - 19 - ProSupport: Next Business Day Onsite, 3 Years 804-0500 - 19 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 19 - Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport 989-3449
- 19 -
Dell Limited Hardware Warranty Initial Year 997-6988 - 19 - ProSupport: 7x24 Technical Support, 5 Years 997-6999 - 19 - Keep Your Hard Drive, 5 Year 980-9314 - 19 - Accidental Damage Service, 5 year 973-9201 - 19 - Activate Your Microsoft 365 For A 30 Day Trial 658-BCSB - 19 - Dell Additional Software 658-BFQB - 19 - Unit Price Quantity Subtotal Havis Dell 7230 Rugged Tablet Vehicle Dock; Standard Port; Internal, Non-Isolated Power Supply; DS-DELL-901 Estimated delivery if purchased today:

Jul. 10, 2025
Contract # C000001115143
Customer Agreement # 23026 / 7-23-70-55-01
$684.55 19 $13,006.45
Description SKU Unit Price Quantity Subtotal
Havis Dell 7230 Rugged Tablet Vehicle Dock; Standard
Port; Internal, Non-Isolated Power Supply; DS-DELL-901 AC366431 - 19 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$76,160.93
$0.00
$76.00
$0.00
$76,236.93

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All products, pricing, and other information is based on the latest information available and is subject to change for any reason, including but not limited to tariffs imposed by government authorities. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Negotiate the Purchase of Police Vehicles and Associated Equipment
SOURCE: Police
COMMENT: Each year, the Police Department finds it necessary to replace aging vehicles in its fleet. A careful evaluation is made of each particular vehicle to determine the actual need for replacement. Department staff has conducted a thorough evaluation of the fleet, considering the age of the vehicles, mileage, maintenance costs, etc. In addition, the evaluation includes examining the assignment of vehicles to determine if reassignment of vehicles can increase overall efficiency and decrease costs.

As part of the evaluation, consideration was given to the fact that police vehicles and associated equipment still suffer from supply chain issues and locating vehicles. These issues have caused delays of several months, and sometimes years, to have a fully upfitted police vehicle deployed. The Police Department has been actively seeking out vendors for the purchase of vehicles and vendors who have the equipment to fully upfit them. The past practice of utilizing a single vendor for the purchase of police vehicles and /or a single vendor for the upfitting was also a factor in the delays. Staff is requesting that the City Council authorize the Police Department to have the ability to utilize approved vendors for both the purchase and upfit as needed to ensure the timely deployment of the emergency vehicles into service to respond to critical incidents.

Department Staff have identified 10 vehicles within the fleet that are at the end of life and require replacement. The vehicles are:

Unit Vehicle Type

1. 3325 2012 Toyota Tundra

2. 3329 2014 Dodge Charger

3. 3338 2014 Dodge Charger

4. 3341 2016 Ford Explorer

5. 3343 2016 Ford Explorer

6. 3349 2016 Dodge Charger

7. 3375 2019 Dodge Charger (K9 vehicle)

8. 3335 2014 Dodge Charger

9. 3336 2014 Dodge Charger

10. 3339 2014 Dodge Charger
Staff is requesting authorization to replace these vehicles with nine (9) Ford Police Explorer Interceptors (or similar models) and one (1) pickup truck. These vehicle costs will have a total cost not to exceed $510,000, plus tax, license, and applicable fees. In addition to the vehicles themselves, department staff are requesting to upfit each vehicle with the necessary emergency equipment, modifications, radios, and other tools before placing the vehicles into service.

Some of the equipment from outgoing vehicles will be salvaged to reduce costs.

The upfit of the vehicles will be done by an approved vendor for a total cost of $280,000, plus tax and fees. In addition, the vehicles will require police radios from an approved vendor of choice, not to exceed a total cost of $57,000, plus tax.

All the vehicles and equipment will be funded through the Police Department's Equipment Replacement/Depreciation Fund, which funds are currently available. Due to the unique purchasing parameters, staff is requesting a 10% contingency based on the total purchasing price and upfitting.

RECOMMENDATION: That the City Council:

1. Authorize staff to purchase 10 police vehicles (9 Ford Police Explorer Interceptor models or similar, and one truck) to replace the noted vehicles from an approved vendor of choice, for a total cost not to exceed $510,000, which is based on the
Manufacturer's Suggested Retail Price plus tax, license, and applicable fees;

2. Authorize staff to complete the upfitting of said new vehicles with emergency equipment, modification, and tools, from an approved vendor of choice, for a total cost of $280,000, plus tax and fees; and

3. Authorize staff to purchase ten police radios for the new vehicles from an approved vendor of choice, for a total cost of $57,000, plus tax.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Rent Temporary Mobile Office During Transit Center Renovation Project
SOURCE: City Manager's Office
COMMENT: The Transportation Department is preparing to renovate the Transit Center located at 61 W. Oak Avenue. The renovation project is expected to last approximately two months and will temporarily displace staff responsible for daily transit operations, including dispatching, field supervision, and employee break areas.

To maintain service continuity during this time, staff solicited quotes from three vendors for a temporary mobile office. The total estimated cost proposals received are as follows:

WillScot: $8,166.55
United Rentals: $10,871.51
Mobile Modular: $17,333.10
In accordance with the City’s procurement policy to award projects to the lowest qualified bidder, staff recommends contracting with WillScot, who submitted the lowest responsive and responsible quote.

The project will be fully funded through the City’s State of Good Repair (SGR) grant, with no impact to the General Fund. The mobile office will be installed near the Transit Center and removed upon completion of the renovation.

RECOMMENDATION: That the City Council:

1. Authorize the rental of a temporary mobile office from WillScot in an amount not to exceed $9,000 to be used by Transit Division staff during the Transit Center renovation project; and

2. Authorize staff to prepare a purchase agreement and execute the contract with WillScot; and
Item No. 9.

ATTACHMENTS: 1. WillScot Quote

2. United Rentals Quote

3. Mobile Modular Quote
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Your Sales Representative
Michael Hernandez
5599914295
[email protected]
Agreement Number: Q-2109204
Revision: 1
Date: 7/3/2025
Expiration Date: 8/2/2025
Master Lease Agreement and Order
Lessee:

City of Porterville Transit
61 West Oak Avenue
Porterville, CA 93257
Contact:

Teresa Winning
61 West Oak Avenue
Porterville, CA 93257, US
Phone: 5593109400
Email: [email protected]
Ship To Address:
61 W Oak Ave
PORTERVILLE, CA 93257, US
Estimated Delivery Date :7/28/2025
Rental Pricing Per Billing Cycle Quantity Price Extended 44x12 Mobile Office or Similar
Restroom
Included no
tank/pump
1 $ 1,300.00 $ 1,300.00
Personal Property Expense 1 $ 52.00 $ 52.00
Basic Entrance Package - Steps 2 $ 99.00 $ 198.00
Window/Door Security Bundle - 40ft & Greater 1 $ 95.00 $ 95.00 Minimum Lease Billing Period: 2 Total Recurring Building Charges: $ 1,300.00 Billing Cycle : 28 days Subtotal of Other Recurring Charges: $ 345.00 Total Recurring Charges Per Billing Cycle: $ 1,645.00
Total Recurring Charges Per Billing Cycle Including Estimated Taxes: $ 1,797.17 Estimated Delivery And Installation
Delivery - 12' wide 1 $ 848.00 $ 848.00
Return - 12' wide 1 $ 848.00 $ 848.00
Essentials Delivery Charge 1 $ 200.00 $ 200.00
CA Transport Delivery Fee 1 $ 80.00 $ 80.00
License fee 1 $ 1.00 $ 1.00
Prev Wage Setup 1 $ 869.00 $ 869.00
Prev Wage Knockdown 1 $ 869.00 $ 869.00
Fuel Surcharge Delivery 1 $ 195.04 $ 195.04
Fuel Surcharge Return 1 $ 195.04 $ 195.04
Total Delivery and Installation Charges: $ 4,105.08
Total Delivery and Installation Charges Including Estimated Taxes: $ 4,484.81 Estimated Final Return Charges*
CA Transport Return Fee 1 $ 80.00 $ 80.00
Due On Final Invoice*: $ 80.00
Due On Final Invoice Including Estimated Taxes*: $ 87.40 Total Including Recurring Billing Charges, Delivery, Installation and Return**: $ 7,475.08 Total Including Recurring Billing Charges, Delivery, Installation and Return Including Estimated Taxes**: $ 8,166.55 Summary of Charges
Model: 44x12 Mobile Office or Similar Quantity: 1 Total Charges for (1) Building(s): $ 7,475.08 Total Charges for (1) Building(s) Including Estimated Tax: $ 8,166.55 Additional Services: For your convenience, we also recommend the following items (not included in this Agreement)

BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED

RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.

Initial Recommended Items Billing Frequency Qty Price Extended [\oi1\] Ramp - Knockdown & Return Initial 1.00 $ 1,562.00 $ 1,562.00 [\oi1\] Basic Office Package Recurring 4.00 $ 99.00 $ 396.00 [\oi1\] Basic Conference Package Recurring 1.00 $ 161.00 $ 161.00 [\oi1\] Professional Cafe Package Recurring 1.00 $ 174.00 $ 174.00 Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85008 1-800-782-1500

Your Sales Representative
Michael Hernandez
5599914295
[email protected]
Agreement Number: Q-2109204
Revision: 1
Date: 7/3/2025
Expiration Date: 8/2/2025
[\oi1\] Loss Damage Waiver (11/12) Recurring 1.00 $ 175.00 $ 175.00 [\oi1\] ADA/IBC Switchback Ramp - 36ft & Larger Recurring 1.00 $ 735.00 $ 735.00 [\oi1\] Data Hub - Rental Recurring 1.00 $ 142.00 $ 142.00 [\oi1\] Ramp - Delivery & Installation Initial 1.00 $ 1,562.00 $ 1,562.00 Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85008 1-800-782-1500

Your Sales Representative
Michael Hernandez
5599914295
[email protected]
Agreement Number: Q-2109204
Revision: 1
Date: 7/3/2025
Expiration Date: 8/2/2025
Master Lease Terms & Conditions

1. This Master Lease Agreement shall apply to any Order between Williams Scotsman, Inc. and/or any affiliate ("Lessor") and City of Porterville Transit ("Lessee") for any Equipment as defined below ("Agreement"). This Agreement and any Order governs Lessee's use of Lessor's Equipment.

By (1) signing this Agreement, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable methods of acceptance, Lessee agrees to the terms of this Agreement.

2. Definitions
a. "Delivery Date" shall be defined as the date the Equipment was physically delivered. Within 48 hours of delivery, Lessee shall inspect the Equipment and notify Lessor in writing of any defects. Lessee must contact Lessor to relocate any Equipment and obtain Lessor's written consent prior to doing so. Lessee shall pay Lessor's relocation rates if the Equipment is moved without Lessor's written consent. Lessee acknowledges that delivery of Equipment may be in parts and not all at once.
b. "Equipment" means products leased from Lessor, which include Storage Containers, Refrigerated Storage Containers, Ground Level Offices ("GLO"), Modular Equipment, FLEX offices, Blast Resistant products, ancillary products and essentials, Additional Rental Equipment, and any additional products or services available for Lease from Lessor at the time of an Order. Any Lease for Equipment such as an Over the Road Trailer, Temporary Structure or other Equipment may be subject to an Addendum or Equipment specific terms and conditions. Lessee agrees Equipment shall not be used for residential occupancy.
c. "Lease" is defined as any Order for the Lease of Equipment by Lessee from Lessor. d. "Lessee" means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and affiliates of that company or entity (for so long as they remain affiliates), which have entered into an Order. e. "Order" means a WillScot document or online Order forming an individual Lease, specifying the Equipment to be provided hereunder that is entered into between Lessee and Lessor or any of their affiliates, including any addenda and supplements thereto. By entering into an Order hereunder, the Lessee or it's affiliate agree to be bound by the terms of this Agreement as if it were an original party hereto.

3. Lessee is responsible for all site conditions, use permits, and applicable Fees, and maintains sole responsibility for site selection, which shall be a flat, firm and open space, and prepared prior to Equipment Delivery as set forth in the Site Suitability Addendum, incorporated herein by reference.

4. If delivery of the Equipment is delayed through no fault of Lessor for a period of more than thirty (30) days from the confirmation date set forth in the Order, Lessee shall pay Lessor a storage fee equal to 50% of the Total Lease Charges for each thirty (30) day period of delay, or portion thereof, until the Equipment is delivered, in addition to any other Lease payments, charges and Fees due. Any such storage fees shall not affect commencement of the Minimum Lease Term.

5. Lessee is responsible to inspect and maintain the Equipment in good condition. Lessee shall use the Equipment in accordance with and be responsible for all maintenance as set forth in the Williams Scotsman Service Guide and/or any instructions contained in or on the Equipment.

6. Lessee shall maintain commercially reasonable insurance limits covering the Equipment's replacement cost. Lessee may obtain insurance for their contents at their discretion or can elect to participate in an optional third-party Contents Insurance Program provided through Lessor for a fee.

Optional coverage programs offered to Lessee include General Liability, Loss Damage Waiver and Content Insurance. Details can be found at https:// www.willscot.com/the-essentials/insurance-and-waivers-package.

7. Lessee shall provide no less than 15 days prior notice to schedule a pick-up date, and no less than thirty (30) days prior notice for any multi-floor Modular Equipment. Lessor shall not prorate any fraction of a Billing Cycle. Upon return, Lessee agrees to pay for all reasonable charges for cleaning, repair, and any damage beyond ordinary wear and tear. Lessee may have the option to pick-up and/or return certain Equipment, which shall be subject to signing an appropriate addendum.

8. LESSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND LESSEE AGREES THAT IT HAS SOLELY DETERMINED THAT THE EQUIPMENT ARE SUITABLE FOR LESSEE'S INTENDED USE. LESSEE LEASES THE EQUIPMENT "AS IS, WITH ALL FAULTS."

9. Each Party agrees to defend, indemnify, and hold the other harmless for any third-party claim arising from the alleged conduct of the other Party under this Agreement. Neither Party shall be liable to the other Party for any special, punitive, exemplary, indirect or consequential damages, losses or damages for lost revenues or profits whether foreseeable or not, arising out of, or in connection with this Agreement.

10. This Agreement shall supersede and replace all prior documents and agreements between the Parties.

11. Lessee shall be solely liable for any and all applicable sales and use, lease or rental, excise, gross receipts, transaction privilege, value-added, goods and services, or similar transactional tax, levy duty or assessment imposed by a taxing authority ("Taxes"). Lessee shall pay or shall reimburse Lessor for any Taxes related to the Equipment.

12. Lessee's failure to make timely payments, filing of bankruptcy, abandonment of the Equipment or other failure to comply with this Agreement is a default, allowing Lessor to immediately terminate this Agreement, at which time Lessor has the right to pick-up and remove the Equipment upon reasonable notice or as required by law.

13. Lessee shall be solely liable for any and all applicable pass-through charges for costs associated with the Equipment including, but not limited to, ad valorem, real property, and ownership tax/personal property taxes, licensing and titling Fees, and any other expenses and/or third-party Fees associated with the Equipment ("Fees").

14. Except as otherwise stated herein, Lessor may amend the terms and conditions of this Agreement and such amended terms shall be effective thirty (30) days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be deemed accepted. Lessee may not amend or assign this Agreement unless agreed to in writing by Lessor. Lessee may not sublet Equipment subject to this Agreement unless agreed to in writing by Lessor.

15. Lessee acknowledges this is a True Lease, and that ownership and title of any Equipment remains with Lessor, and Lessee has no right to ownership or to transfer or sell the Equipment.

16. In the event of any dispute over this Agreement, the Parties agree to waive a trial by jury and that venue shall be in the County or Parish where the Equipment was originally delivered.

17. To the extent permitted by applicable law, Lessee irrevocably and unconditionally authorizes Lessor to charge all amounts due under this Agreement to any credit card provided by Lessee.

Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85008 1-800-782-1500

Your Sales Representative
Michael Hernandez
5599914295
[email protected]
Agreement Number: Q-2109204
Revision: 1
Date: 7/3/2025
Expiration Date: 8/2/2025
Billing & Payment Terms

1. Lessor reserves the right to request Payment in advance of the Delivery Date, and Lessee may be required to make payment in advance to secure its performance of this Lease. Advance payments may include initial, final and/or recurring charges and will be applied to applicable invoices. Lessor reserves the right to charge an administrative fee for special billing requests.

2. Invoices will be generated on a 28 Day Billing Cycle, in advance, with payment due no later than Due immediately after invoice issuance.

3. AMOUNTS UNPAID WHEN DUE SHALL BE CHARGED INTEREST OF UP TO 1½% PER BILLING CYCLE OF THE UNPAID AMOUNT FOR THE PERIOD UNPAID , AND AN ADMINISTRATIVE CHARGE PER BILLING CYCLE THE INVOICE REMAINS UNPAID.

4. Initial Invoice Charges may include first and last Billing Cycle charges, delivery and installation charges, estimated charges for pick-up, teardown and Equipment removal, as well as any fuel surcharges. Final charges for pick-up, teardown and Equipment removal will be finalized at the time of pick-up based on existing site conditions. Upon the expiration of the Minimum Lease Term, the Lessor may make changes to the Lease rate, pick-up, teardown, removal, fuel surcharges and/or other charges.

5. The Initial Invoice will be issued on the earlier of the confirmation date or Delivery Date. In the event Lessee requests a delay to the delivery, as agreed to in the Confirmation, the Initial Invoice will be issued solely for the Equipment lease charges and a Storage Fee equal to 50% of the Lease, and all remaining Initial Invoice Charges will be invoiced on the Delivery Date. Lessee agrees that upon Termination prior to the Minimum Lease Term, Lessee shall pay the remaining payments for the unfulfilled Minimum Lease Term, and any applicable charges related to the Equipment, plus all return charges.

Optional Insurance and Optional Coverage
General Liability Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Customer elects to participate in the General Liability Insurance Program, whereby Lessee will receive insurance coverage through American Southern Insurance Company ("Insurer") and administered by Allen Insurance Group ("Agent"). The Lessee acknowledges and agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts, subject to policy exclusions, that Lessee is legally obligated to pay due to bodily injury and property damage arising from the use and occupancy of Equipment leased from Lessor up to the policy limits. Coverage is subject to underwriting and specific terms and conditions and exclusions set forth in the policy. An outline of coverage is available upon request.

Loss Damage
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Loss Damage Waiver Program. Lessee understands and agrees that under this program and subject to any exclusions, the Lessor waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability for repair or replacement of the Equipment leased from Lessor resulting in loss or damage.

Please refer to the LOSS DAMAGE WAIVER PROGRAM ADDENDUM for specific details on coverage, exclusions and restrictions on coverage. The Loss Damage Waiver is not and shall not constitute a contract for insurance.

Contents Insurance
If (a.) quoted on the pricing page(s) or (b.) initialed in the optional section of the pricing page(s), Lessee elects to participate in the Contents Insurance Coverage Program, whereby Lessee will receive insurance coverage through Airpark Insurance ("Insurer") and administered by Falvey Insurance Group, Ltd. ("Falvey")) as Managing General Agent of those Interested Underwriters at Lloyd’s, London ("Agent"). The Lessee acknowledges and agrees that the policy issued by the Insurer is a third party property policy that, subject to policy exclusions, provides comprehensive contents coverage and adds an additional layer of protection for the stored contents up to the selected limit of coverage. Coverage is subject to underwriting and specific terms and conditions and exclusions set forth in the policy. An outline of coverage is available upon request.

Acceptance and Authority
Lessee represents and warrants they have the authority to agree to the terms and conditions stated in this Agreement by (1) signing this document, (2) executing an Order that references this Agreement, (3) taking delivery of the Equipment, or (4) other commercially acceptable means methods and, by doing so, this Agreement shall become legally binding. Lessor will consider the Order rejected if changes have been made to the Order by Lessee.

Lessee: City of Porterville Transit
Signature: \s1\ Date: \d1\
Print Name: \n1\ Title: \t1\
PO#:

Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85008 1-800-782-1500

U1INVPDF
This is not an invoice
Please do not pay from this document

RENTAL QUOTE
Page: 1
RENTAL ITEMS:
_____ ___________ _______________________________________ _____________________________________________ _______________ Qty Equipment Description Minimum Day Week 4 Week Estimated Amt. 1 9220130 OFFICE TRAILER 12X48 W/RR 1,215.00 2,430.00
1 922/1000 OFFICE TRAILER STEPS 60.00 120.00
1 999/9999 MISCELLANEOUS BULK INVENTORY EQUIPMENT 300.00 600.00

ADA SWITCHBACK RAMP
Rental Subtotal: 3,150.00
SALES/MISCELLANEOUS ITEMS:
_______ ______________________________________________________________ _____________ _________________ _______________ Qty Item Price Unit of Measure Extended Amt. 1 SETUP [SETUP/MCI] 600.000 EACH 600.00

OFFICE TRAILER SETUP AND TEAR DOWN
12 ASSEMBLY/DISMANTLE LABOR [AD LABOR/MCI] 150.000 EACH 1,800.00

TIE DOWNS INSTALL AND REMOVAL
1 SETUP [SETUP/MCI] 3500.000 EACH 3,500.00

ADA RAMP DELIVERY, SETUP, TEAR DOWN AND
PICKUP
1 DELIVERY RENTAL CONTRACT [DELIVERY/MCI] 550.000 EACH 550.00 1 PICKUP ON RENTAL CONTRACT [PICKUP/MCI] 550.000 EACH 550.00 Sales/Misc Subtotal: 7,000.00
Agreement Subtotal: 10,150.00
Tax: 721.51
Estimated Total: 10,871.51
COMMENTS/NOTES:

CONTACT: TERESA ORTEGA
CELL#: 559-258-0861

TRANSIT CENTER
61 W OAK AVE
PORTERVILLE CA 93257-3646
Office: 559-782-7451

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE CA 93257-3737
BRANCH AJ3
2801 E BRUNDAGE LN
BAKERSFIELD CA 93307-2817
661-324-0060
# 250153593
Job Site
Customer # :

Quote Date :

Estimated Out :

Estimated In :

UR Job Loc :

UR Job # :

Customer Job ID:

P.O. # :

Ordered By :

Written By :

Salesperson :
769490
07/08/25
07/23/25 09:00 AM
09/17/25 09:00 AM
61 W OAK AVE, PORTER
21 TBD

TERESA ORTEGA

RYAN UTT

RYAN UTT
This proposal may be withdrawn if not accepted within 30 days. The above referenced Rental Protection Plan, environmental, and tax charges are estimates and are subject to change.

NOTICE: This is not a rental agreement. The rental of equipment and any items listed above is subject to availability and subject to the terms and conditions of the Rental and Service Agreement, which are available at https://www.unitedrentals.com/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER FORM UPON REQUEST.

Quote # Q-534840 Page 1 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

Lessee Name and Billing Address Site Information Lessor Name City Of Porterville Transit (“Lessee”)
61 West Oak Avenue
Porterville, CA 93257
Teresa Ortega
Phone: (559) 258-0861
[email protected]
Teresa Ortega
555 North Prospect Street
Porterville, CA 93257
Cell: (559) 258-0861
[email protected]
Mobile Modular Management Corporation
a Division of McGrath RentCorp ("Lessor")
Questions?
Contact: Merici Trujillo
Direct Phone: 1 (925) 453-3125
[email protected]
Equipment and Accessories Qty Monthly Rent Extended Rent Taxable Office, 12x44 HCD (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.) 1 $1,894.00 $1,894.00 Y Filter Replacement Program 1 $27.00 $27.00 Y
RNT, Ramp 1 $430.00 $430.00 Y
RNT, Holding Tank (Waste) 1 $440.00 $440.00 Y
Damage Waiver 1 $75.00 $75.00 N
RNT, Holding Tank (Non-Potable Water) 1 $810.00 $810.00 Y Equipment and Accessories Monthly Subtotal: $3,676.00
Charges Upon Delivery Qty Charge Each Total One Time Taxable Office, 12x44 HCD (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.)
Delivery 1 $903.00 $903.00 N
Delivery Pilot 1 $521.00 $521.00 N
Delivery Permit 1 $142.00 $142.00 N
Block and Level Building 1 $1,360.00 $1,360.00 N
Foundation, Installation 16 $201.00 $3,216.00 Y
Essential Material Handling Fee 1 $75.00 $75.00 N
Removal, Towbar/Hitch 1 $214.00 $214.00 N
Skirting, Install 112 $32.00 $3,584.00 Y
RNT, Install or Delivery 1 $1,610.00 $1,610.00 N
RNT, Install or Delivery 1 $535.00 $535.00 N
RNT, Install or Delivery 1 $535.00 $535.00 N
Modifications $0.00
Charges Upon Delivery Subtotal: $12,695.00
Charges Upon Return Qty Charge Each Total One Time Taxable Office, 12x44 HCD (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.)
Return 1 $903.00 $903.00 N
Return Pilot 1 $521.00 $521.00 N
Return Permit 1 $142.00 $142.00 N
Quote # Q-534840 Page 2 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

Prepare Equipment For Removal 1 $1,360.00 $1,360.00 N
Foundation, Removal 16 $76.00 $1,216.00 N
Cleaning Fee 1 $450.00 $450.00 N
Installation, Towbar/Hitch 1 $214.00 $214.00 N
Skirting, Removal 112 $21.00 $2,352.00 N
RNT, Removal 1 $1,610.00 $1,610.00 N
Estimated Charges Upon Return Subtotal: $8,768.00
Total Estimated Charges
Subtotal of Monthly Rent $3,676.00
Personal Property Expense $0.00
Taxes on Monthly Charges $333.14
Total Charges per Month (including tax) $4,009.14
Charges Upon Delivery (including tax) $13,323.96
Estimated Charges Upon Return (including tax)* $8,768.00 Estimated Initial Invoice* $17,333.10
*Charges upon return will be charged at Lessor’s then-current rates for lease terms greater than 12 months.

Quote # Q-534840 Page 3 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

Special Notes
Quote # Q-534840 Page 4 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:
12x44 2 offices and RR
Fire Related Items: Unless noted, fire related items (alarms, sprinklers, smoke & heat detectors, and fire-rated walls, etc.) are not included.

Block/Level: Price assumes building is installed using Mobile Modular standard foundation. Mobile Modular assumes installation on the minimum foundation design criteria/tolerances. Material and labor charges apply for installing buildings above minimum foundation design criteria, raising buildings to meet specific finish floor elevations, raising building level to adjacent buildings, landings, walkways, transitions, etc.

General: Customer's site must be dry, compacted, level and accessible by normal truck delivery. Pricing does not include any clearing or grading of sites, obstruction removal, site or final building clean up , any asphalt transitions, dolly, crane, forklift, electrical or plumbing connections, window coverings, furniture, casework, appliances, doorstops, phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits, security screens, door bars and any item not specifically listed as being included.

Used building rental: Quotation is for a used or refurbished modular building. There may be variations in wall paneling, flooring, or other exterior and interior finishes. Dimensions are nominal unless otherwise stated.

Site Installation Requirements: Prior to delivery, Customer shall mark the four corners where the building is to be placed on the site/pad location, and shall also mark the locations of door(s) and ramp(s). Should special handling be required to position, install, or remove the modular building on Customer's site due to site conditions/constraints and/or obstructions, Customer will be responsible for additional charges. Additional rolling charges may be applicable as site conditions necessitate.

Delivery of Equipment: Customer is responsible for selecting a suitable site and directing Mobile Modular on exact placement/orientation of the Equipment. Customer shall physically mark the site/pad to indicate corner locations for Equipment placement.

HVAC Filter Replacement Program: Customer has selected the HVAC Filter Replacement Program. This service is incidental to the Lease of the Equipment and not included with any limited warranties. The additional charge for this service is included in the monthly rental rate reflected above. For this additional monthly charge, MMMC will mail three (3) HVAC filters on a quarterly basis. Customer shall be solely responsible for installation of the filters each month.

Customer shall be responsible for charges that may result if Customer fails to properly replace HVAC filters on a monthly basis
Tie-downs: Quantity and price may vary based on seismic source factor and site conditions. Patch and repair of site after removal is not included and is the responsibility of the Customer. Alternative non-penetrating seismic system is available for an additional charge. Wet-stamped engineering is available for an additional charge.

Yes - Prevailing Wage: Pricing includes prevailing wage and certified payroll for installation work performed on site.

Skirting: Skirting installation & removal is not included unless otherwise noted. When included, it is non-structural, non-fire rated and cosmetic only. Skirting pricing assumes a level site.

Buildings containing a restroom(s): Restrooms are not self-contained. Where applicable, manifolds are shipped loose and assembled and connected by others. Water & sewer stub-out locations may vary. Paper & soap dispensers, sanitary and trash receptacles are not provided.

Holding Tank Water: When temporary water tanks are provided, please be advised that the water is non-potable and is considered unsafe for consumption
Quote # Q-534840 Page 5 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

Temporary/Portable Holding Tanks: Lessor shall not be liable for loss or damage as a result of holding tanks that fill up more quickly than expected, or that overflow. Lessor strongly recommends that the equipment be connected directly to sanitary sewer lines.

Ramps: Site conditions may affect ramp configuration and cost. Customer is responsible for transition from end of ramp to grade and for extended or custom rails, if needed. Ramp skirting is available for an additional charge. Mobile Modular provides used/refurbished ramps - new ramps are available for purchase only.

Additional Information
• Quote is valid for 30 days.
• Lessee's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by Lessee. Unless noted, prices do not include permits, ramp removal, stairs, foundation systems, foundation system removal, temporary power, skirting, skirting removal, engineering, taxes or utility hookups. • Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request. • For lease transactions, Lessor reserves the right to substitute equal or better equipment prior to delivery without notice. • This transaction is subject to prior credit approval. Security deposit and payment in advance may be required. • Sales Tax will be calculated based on the tax rate at the time of invoicing. • Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages.

Estimated Equipment Value
The Estimated Equipment Value is listed below. Lessee is solely responsible for complying with all insurance requirements set forth in the Lease Terms and Conditions attached hereto.

Equipment Description Qty Estimated Equipment Value (each) Office, 12x44 HCD (NonStd) 1 $24,900.00
Quote # Q-534840 Page 6 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

This Lease Quotation and Agreement is entered into by and between Lessor and Lessee effective as of the date signed by Lessee. This Lease Quotation and Agreement includes the terms and conditions set forth in the following two documents (collectively, the “Agreement”), each of which is incorporated herein by this reference:

1. Lease Terms and Conditions attached hereto; and

2. Supplemental Lease Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as the same may be updated from time to time in the sole and absolute discretion of Lessor.

IN THE EVENT THE LESSOR AND LESSEE HAVE ENTERED INTO A MASTER LEASE AGREEMENT, THE TERMS OF

SUCH MASTER LEASE AGREEMENT ARE INCORPORATED HEREIN BY THIS REFERENCE, ARE DEEMED A PART OF THIS AGREEMENT, AND TAKE PRECEDENCE OVER ANY CONFLICTING TERMS IN THIS AGREEMENT.

By signing below, Lessee: (1) acknowledges and agrees that it has received, read and understands the terms of this Agreement and agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Lessor to make appropriate arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executed in one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Upon execution of this Agreement, Lessor shall generate a Lease Agreement Number, which shall be referenced on all Lessor invoices.

No document provided by Lessee, including, without limitation, Lessee’s purchase orders, work orders, bills of lading, or forms for receipt or acknowledgment or authorization (“Lessee Forms”), nor the terms and conditions associated with such Lessee Forms, shall amend, modify, supplement, waive, or release any term or condition of this Agreement (or the Master Lease Agreement, as applicable) even if such Lessee Forms are signed by an agent or representative of Lessor. The terms and conditions of this Agreement (or the Master Lease Agreement, as applicable) shall prevail over any Lessee Forms, and any inconsistent or additional terms and conditions in Lessee Forms shall be deemed void ab initio and of no force or effect.

The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the parties hereto.

LESSOR: LESSEE:

Mobile Modular Management Corporation
a Division of McGrath RentCorp
City Of Porterville Transit
Signature: /InternalSigner/ Signature: /CustomerSigner/ Name:
/InternalSignerName/
Name:
/CustomerSignerName/
Title:
/InternalSignerTitle/
Title:
/CustomerSignerTitle/
Date:
/InternalDateSigned/
Date:
/CustomerDateSigned/
Quote # Q-534840 Page 7 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

LEASE TERMS AND CONDITIONS

1. LEASE. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment (as defined below). The lease of any Equipment is governed by the terms of this Agreement. The Equipment is and shall remain the personal property of Seller.

2. TERMS. All capitalized terms used and not otherwise defined herein, will have the meanings set forth in this Agreement. As used in this Agreement, the following definitions shall apply: “Accessories” shall mean any additions, attachments, or accessories to the modular buildings, or ancillary services, provided by Lessor to Lessee and identified in this Agreement; “Equipment” shall mean the modular buildings, Accessories, and/or Services identified in this Agreement, together with any replacements, repairs, additions, attachments or accessories hereafter rented to Lessee under this Agreement.

3. PAYMENTS AND PRICE ADJUSTMENTS. Lessee agrees to pay to Lessor each payment specified herein on a net invoice basis.

Payment terms are net due upon receipt unless otherwise agreed upon in writing. All payments due from Lessee pursuant to this Agreement shall be made by Lessee without any abatement or setoff of any kind whatsoever arising from any cause whatsoever. Prices will be increased by Lessor for unknown circumstances or conditions, including, but not limited to, driver waiting time, special transport permits, difficult site conditions and/or increases in fuel prices.

4. LEASE TERM; EARLY TERMINATION. The Lease Term and Monthly Rent, each of which are specified in this Agreement, shall commence on the date the Equipment is delivered to the Site (the "Start Rent Date”), unless a different date is mutually agreed upon in writing, and shall continue thereafter for the number of months specified in this Agreement as the Lease Term. Lessee agrees to pay the Total Charges per Month specified in this Agreement (as may be adjusted pursuant to Section 5 below) for each month during the Lease Term and any extensions thereof. A month is defined as thirty (30) calendar days; rent will be billed monthly unless otherwise specified in this Agreement (but rent shall be due and owing even in the absence of actual receipt by Lessee of an invoice or bill). In the event that Lessee terminates this Agreement prior to the expiration of the Lease Term, Lessor shall be entitled to charge an early termination fee, even if such termination occurs prior to delivery of the Equipment. Such fee shall be determined by Lessor, in its sole discretion, following the receipt of the termination request.

Such early termination fee may include, but shall not be limited to, charges related to the preparation of the Equipment for delivery and/or the rental value of this Agreement. In no event shall any such early termination fee exceed the total value of this Agreement. Lessor shall not be liable to Lessee for any failure or delay in obtaining, delivering or setting up the Equipment. If Lessee delays delivery of the Equipment for any reason for thirty (30) days or longer from the original delivery date mutually agreed upon between both parties, Lessor may, in Lessor’s sole discretion, charge Lessee a monthly storage fee equal to the Monthly Rent starting on the original delivery date, and/or terminate this Agreement, subject to the early termination provisions set forth above.

5. EXTENSION OF LEASE TERM. Upon expiration of the initial Lease Term set forth in this Agreement, the lease of the Equipment shall automatically be extended on a month-to-month basis until the Equipment is returned to Lessor. This Agreement does not expire and the terms and conditions hereof shall remain in full force and effect for any extension of the Lease Term, unless otherwise agreed upon by Lessor and Lessee in writing. Lessor may periodically revise the Total Charges per Month from those reflected in this Agreement if the lease of the Equipment is extended beyond the initial Lease Term. If the lease of the Equipment is extended beyond the initial Lease Term, Lessor may revise the charges for the Charges Upon Return from those specified in this Agreement to reflect Lessor’s then-current market rates for such services.

6. PREPARATION FOR REMOVAL OF THE EQUIPMENT. Prior to the scheduled removal of the Equipment, Lessee shall, at a minimum:
(a) provide clear access to the Equipment for Lessor to dismantle and remove the Equipment from the Site by industry-standard trucking methods; (b) disconnect all utilities; (c) remove all personal property of Lessee’s from the Equipment; and (d) in the case of Equipment that includes plumbing, flush the plumbing lines clean and ensure that no foreign matter remains in any fixtures. Plumbing must be properly disconnected by Lessee at its sole cost and expense. Lessee will be responsible for costs of repair required by improper plumbing disconnection to the extent that the Equipment is damaged. Any components, parts or accessories supplied by Lessor must be returned with the Equipment. In the event that Lessee fails to meet the requirements herein, additional charges may be incurred by Lessee for additional labor, waiting time, or dry-runs in the event that Lessor is unable to return the Equipment as scheduled.

7. RETURN OF EQUIPMENT. Lessee must provide a minimum of thirty (30) days prior, written notice to Lessor when requesting to return the Equipment. Lessee is responsible for complying with the requirements set forth in the “Preparation for Removal of the Equipment” section of these Lease Terms and Conditions. Unless otherwise agreed upon by Lessor in writing, Lessee shall continue to be responsible for payment of the Total Charges per Month set forth in this Agreement (as may be adjusted pursuant to Section 5 hereto) until return of the Equipment to Lessor is completed. The Total Charges per Month will be prorated in one-half (1/2) month increments only. If the Equipment is returned within the first fifteen (15) days of the billing period, Lessee shall be responsible for paying half of the Total Charges per Month; if Equipment is returned between the sixteenth (16th) and thirtieth (30th) days of the billing period, Lessee shall be responsible for paying the entire amount of the Total Charges per Month. The charges reflected in this Agreement for Charges Upon Return will be adjusted for any Lease Term longer than twelve (12) months or if the Lease is extended beyond the initial Lease Term, pursuant to Section 5.

8. WARRANTIES; DISCLAIMER. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use and regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable.

Lessor’s liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor’s normal working hours), at Lessor’s option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a limitation of this warranty at Lessor’s sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a.m. and 5:00 p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not Quote # Q-534840 Page 8 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:
extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor’s facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE LESSOR’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU

OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF

ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES,

INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS

FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED “AS IS”, “WHERE IS, WITH ALL FAULTS”. LESSOR

SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. LESSEE HAS SELECTED ALL EQUIPMENT FOR LESSEE’S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENT.

9. TAXES. Lessee agrees to be responsible for all charges, fees and taxes (local, state and federal) levied or assessed upon Lessee or Lessor relating to the ownership, leasing, rental, sale, possession, use or operation of the Equipment (including, without limitation, sales, use and personal property taxes); provided, however, that the foregoing obligation shall not apply to any local, state or federal income tax assessed against the Lessor as a result of this Agreement which shall continue to be the obligation of Lessor. Lessee shall pay all such taxes for which it is responsible to the appropriate taxing authorities or, if directed or invoiced by Lessor, pay such amounts to Lessor for remittance by Lessor to the appropriate taxing authorities.

10. LOSS OR DAMAGE. Upon delivery and until the Equipment is removed from the Site by Lessor or its authorized agent, Lessee assumes all risk of loss or damage to the Equipment. Should any Equipment damaged be capable of repair, the Equipment shall be repaired and restored to its condition existing prior to such damage, at Lessee’s sole cost and expense. In the event any of the Equipment is damaged beyond repair or is lost, stolen or wholly destroyed, this Agreement shall cease and terminate as to such Equipment as of the date of the event, accident or occurrence causing such loss or destruction, and Lessee shall pay Lessor within forty-five (45) days thereafter, an amount equal to the full replacement value of the Equipment, which payment obligation shall survive the termination of this Agreement.

11. INSURANCE. Lessee shall procure and maintain, at its sole expense (including all premiums, deductibles and self-insured retentions), (i) property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value thereof (and with a deductible no higher than $25,000), naming Lessor as loss payee of the proceeds, and (ii) commercial general liability insurance (minimum of $1,000,000 per occurrence and $2,000,000 in the aggregate) (and with a deductible no higher than $25,000), naming Lessor and its designees as additional named insureds. Lessee's insurance shall be primary and non-contributory to any insurance maintained by Lessor or any other additional insureds or additional named insureds. The liability insurance policy shall contain coverage for all contractual indemnity obligations of Lessee set forth in this Agreement, cross-liability and waiver of subrogation provisions in favor of Lessor and any other additional insureds. All evidence of all required insurance shall be in a form reasonably acceptable to Lessor and with a company having an A.M. Best rating of A- (VII) or better, and shall not be subject to cancellation without thirty (30) days’ prior written notice to Lessor. Lessee shall provide to Lessor insurance certificates and endorsements (including without limitation, additional insured and loss payee endorsements) evidencing compliance with the insurance requirements of this Agreement (including without limitation, the deductible amounts and waiver of subrogation) prior to delivery of the Equipment and shall maintain all required insurance coverage until the Equipment is returned to Lessee. Lessor will not and does not provide insurance for any of Lessee’s personal property that may be in or on any Equipment.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY.
(a) LESSEE ON BEHALF OF ITSELF, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SUBCONTRACTORS,

AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A “LESSEE PARTY,” AND COLLECTIVELY, THE “LESSEE PARTIES”) SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS

LESSOR, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, CONTRACTORS, AND AFFILIATES, AND

THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH A "LESSOR INDEMNIFIED PARTY,” AND COLLECTIVELY, THE “LESSOR INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS,

EXPENSES, CLAIMS, LIABILITIES, DAMAGES, PENALTIES, FINES, FORFEITURES, AND SUITS (INCLUDING COSTS OF DEFENSE, SETTLEMENT AND REASONABLE ATTORNEYS’ FEES, ENVIRONMENTAL CONSULTANTS AND EXPERT WITNESS FEES AT TRIAL AND ON APPEAL) (COLLECTIVELY, “LOSSES”) RELATING TO, ARISING OUT OF OR IN CONNECTION WITH: (1) ANY BREACH OR NON-FULFILLMENT OF ANY COVENANT, AGREEMENT, OR OBLIGATION TO BE

PERFORMED BY LESSEE PURSUANT TO THIS AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE REPRESENTATIONS OF LESSEE SET FORTH IN THIS AGREEMENT; (2) THE OCCURRENCE OF ANY EVENT SET FORTH IN SECTION 13; (3) THE SELECTION, USE, POSSESSION, DELIVERY, RENTING, LEASING, SUBLEASING, OPERATION,

TRANSPORT, MAINTENANCE, CONDITION, REPAIR, REPLACEMENT, REPOSSESSION, RETURN OR STORAGE OF ANY EQUIPMENT OR ANY SERVICES; (4) ANY FAILURE BY ANY LESSEE PARTY TO COMPLY WITH ANY APPLICABLE LAW IN CONNECTION WITH ANY EQUIPMENT OR THE SERVICES OR THIS AGREEMENT; (5) ANY DEATH OR BODILY INJURY TO

ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY TO WHICH THE ACTS OR OMISSIONS OF A LESSEE PARTY CONTRIBUTED; OR (6) ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF ANY LESSEE PARTY FOR ANY ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. THIS INDEMNITY SHALL APPLY EVEN IF SAID LOSSES ARE

OCCASIONED, BROUGHT ABOUT OR CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY LESSOR INDEMNIFIED PARTY,

UNLESS A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT THE LOSSES WERE PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF A LESSOR INDEMNIFIED PARTY. IF THE FOREGOING Quote # Q-534840 Page 9 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

OBLIGATIONS ARE NOT ENFORCEABLE AGAINST LESSEE UNDER APPLICABLE LAW, LESSEE AGREES TO INDEMNIFY,

DEFEND, RELEASE AND HOLD HARMLESS LESSOR INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, TO THE EXTENT OF THE ACTS OR OMISSIONS OF THE LESSEE PARTIES’ NEGLIGENT OR WORSE CONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. (b) TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, LESSOR’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE VALUE OF

RENTAL FEES AND ALL OTHER AMOUNTS PAID BY LESSEE AND RECEIVED BY LESSOR UNDER THIS AGREEMENT FOR

THE EQUIPMENT AND/OR SERVICES, AND LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY THIRD-PARTY FOR

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

13. EVENTS OF DEFAULT; REMEDIES. Each of the following shall constitute an "Event of Default": (1) failure by Lessee to make any payment within ten (10) days after its due date; (2) failure by Lessee to perform any other obligation under this Agreement, and the continuance of such default for ten (10) days after written notice thereof by Lessor to Lessee; (3) any material misrepresentation or false statement of fact by Lessee; (4) the loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment; or (5) Lessee’s dissolution, termination of existence, discontinuance of business, insolvency, or the commencement of any bankruptcy proceedings by or against, Lessee. Lessee acknowledges that any Event of Default will substantially impair the lease value of the Equipment hereof. Upon the occurrence of any Event of Default, Lessor may, without notice, exercise one or more of the following remedies: (1) declare all unpaid payments under this Agreement to be immediately due and payable; (2) terminate this Agreement as to any or all items of the Equipment; (3) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and remove the Equipment, without any liability to Lessee; (4) direct Lessee at its expense to promptly prepare the Equipment for pickup by Lessor; (5) proceed by appropriate action either in law or in equity to enforce performance by Lessee of the terms of this Agreement or to recover damages for the breach hereof, including attorneys’ fees and any other expenses paid or incurred by Lessor in connection with the repossession of the Equipment; (6) apply the security deposit specified in this Agreement (“Security Deposit”) to payment of Lessor’s costs, expenses and attorney fees in enforcing the terms of this Agreement and to indemnify Lessor against any damages sustained by Lessor; and/or (7) recover the replacement cost of any Equipment which Lessor is unable to repossess.. Lessor’s waiver of any Event of Default shall not constitute a waiver of any other Event of Default or of any term or condition of this Agreement. No right or remedy referred to herein is intended to be exclusive and each may be exercised concurrently or separately and from time to time. In the event of repossession, Lessee waives any bond posting requirement.

Lease Terms and Conditions, Rev. 07/01/2022
Quote # Q-534840 Page 10 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

DAMAGE AND DESTRUCTION WAIVER
This Damage and Destruction Waiver is an agreement between City Of Porterville Transit (“Lessee”) and Mobile Modular Management Corporation, a division of McGrath RentCorp (“Lessor”), dated as of 07/07/2025 (the “Waiver”). This Waiver is hereby incorporated into and made a part of Lease Quotation and Agreement number Q-534840 (the “Lease Agreement”).

Lessee and Lessor agree as follows:

Section 1. Defined Terms.

All terms that are capitalized in this Waiver shall have the meanings ascribed to such terms in the Lease Agreement unless otherwise defined in this Waiver.

Section 2. Modification to Lease Terms and Conditions (Attachment A).

This Waiver relates to and modifies certain provisions of the Lease Terms and Conditions (the “Lease Agreement”) under which Lessee is leasing certain modular building(s) from Lessor (the “Equipment”).

Section 3. Waiver.
(a) For and in consideration of the payment of a fee described in Section 4 (the “Waiver Fee”), and subject to payment of any applicable deductible as required in Section 5, and the limitations on coverage in Section 6, (i) Lessee is relieved of any obligation or liability for any loss or damage to the Equipment as required by Section 7 of the Lease Agreement, in the event of loss or damage to the Equipment by any of the causes in Section 3(b) and (ii) Lessee is relieved from the duty to maintain certain insurance insuri ng for loss, damage or destruction of the Equipment (“Property Insurance”) as required by Section 8 of the Lease Agreement. (b) Subject to the provisions of Section 3(a), this Waiver relieves Lessee of any obligation or liability for loss or damage to the Equipment in the event the Equipment is damaged by any of the following causes:
i. Fire and smoke damage
ii. Lightning
iii. Windstorm/Tornado
iv. Flood
v. Hail
vi. Earthquake
vii. Explosions
viii. Collision with a vehicle
Section 4. Waiver Fee.
(a) The Waiver Fee specified in the Lease Agreement shall be payable monthly during each month of the Lease Term and any extensions thereof.
(b) This Waiver is effective upon payment of the Waiver Fee. (c) The failure to make payment of the Waiver Fee each month shall cause this Waiver to be terminated immediately as of the date that such Waiver Fee was payable without further action or notice by Lessor (“Waiver Termination”). (d) In the event of a Waiver Termination, the obligations of the Lessee pursuant to Sections 10 and 11 of the Lease Agreement shall be immediately reinstated and applicable. Within five (5) days of such reinstatement of Section 11, Lessee shall provide proof of Property Insurance in which Lessee is named as an additional insured.

Section 5. Deductible.

Lessee shall pay a deductible on any damage to the Equipment per occurrence (“Deductible”). The applicable deductible amount shall be as set forth in the table below, based on the Estimated Insurance Value of the Equipment specified in the Lease Agreement. Provided that the cause of the damage to the Equipment results from a cause listed in Section 3(b) of the Waiver, Lessee shall not be liable for damage to the Equipment beyond the Deductible.

Estimated Insurance Value Deductible
Less than $50,000.00 $2,500.00
Between $50,001.00 and $100,000.00 $5,000.00
Between $100,001.00 and $250,000.00 $10,000.00
Quote # Q-534840 Page 11 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

Above $250,000.00 $50,000.00
0 Section 6. Limitations on Waiver.

Notwithstanding the waiver for losses and damages enumerated in Section 3 of this Waiver, Lessee shall be liable for loss or damage to the Equipment as follows:
(a) damage caused by the gross negligence or intentional acts of Lessee or its agents and employees; (b) damage to Equipment that is located within 15 miles of an ocean, gulf or bay, due to windstorms and floods, including but not limited to hurricanes;
(c) damage to Equipment caused by a windstorm, not including a tornado, resulting from Lessee failing to secure or tie down the Equipment as recommended by Lessor;
(d) damage to contents of the Equipment or any real or personal property attached to or adjacent to the Equipment; (e) theft or disappearance of the Equipment;
(f) damages to the Equipment from Lessee’s failure to limit or mitigate the continuation of damage to the Equipment; (g) liability for death or injury to any person;
(h) damages for Lessee’s unauthorized improvements or modifications or additions to the Equipment; (i) damages from graffiti, or other paint contamination or paint damage by any means; (j) damage to the Equipment caused by any condition or event not enumerated in Section 3(b) of this Waiver Section 7. Liability Insurance.

This Waiver does not affect the obligation of Lessee to maintain General Liability insurance as specified in Section 8 of the Lease Agreement for any liability arising out of or relating to Lessee’s Lease of the Equipment.

Section 8. Nature of Waiver.

This Waiver is not insurance. It is a contractual agreement that relieves Lessee from certain duties and liabilities upon the payment of the Waiver Fee. The Waiver does not extend to or relate to any damage or loss of property in, on or about the Equipment. The Waiver does not extend to any loss or damage to the Equipment caused by the intentional acts of Lessee. Lessee shall be responsible for and will pay to Lessor amounts equal to the loss or damage caused to or sustained by the Equipment as a result of the intentional acts of Lessee. The Waiver does not relieve or affect any liability that Lessee may have as a result of the use of the Equipment.

Section 9. Other Terms and Conditions of the Lease Agreement.

Except for the waiver of the provisions of Section 7 and Section 8 of the Lease Agreement, all other terms and conditions of the Lease Agreement remain in full force and effect and shall not be modified by this Waiver.

Section 10. Notice of Loss, Damage or Destruction of Equipment.

Lessee will promptly advise Lessor in writing of any loss, damage, or destruction of the Equipment. Such notice of loss must be made within one (1) business day of the day on which Lessee knows of or has reason to believe that the Equipment is the subject of any loss, damage or destruction.

Section 11. Termination of the Waiver.

Lessee and Lessor may each terminate this Waiver upon thirty (30) days prior written notice. The Waiver may also be terminated by Lessor upon the default of Lessee to pay the required Waiver Payment as provided by Section 2(b) and 2(c) of this Waiver.

Section 12. Counterparts.

This Waiver may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or with any electronic signature complying with the U.S. federal ESIGN Act of 2000, (e.g. execution of this Waiver may be through an e-sign service www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

Quote # Q-534840 Page 12 of 12
7/7/2025 12:14:39 PM
Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-534840
Date of Quote 07/07/2025
Quote Expiration Date: 08/06/2025
Lease Term: 2 Months
Lessee PO#:

This Waiver is executed as of the day and year first above written.

LESSOR: LESSEE:

Mobile Modular Management Corporation
a Division of McGrath RentCorp
City Of Porterville Transit
Signature:
/InternalSigner/
Signature:
/CustomerSigner/
Name:
/InternalSignerName/
Name:
/CustomerSignerName/
Title:
/InternalSignerTitle/
Title:
/CustomerSignerTitle/
Date:
/InternalDateSigned/
Date:
/CustomerDateSigned/
Item No. 10.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Advertise for Bids - Fire Station 72 Addition and Remodel Project
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Fire Station 72 Addition and Remodel Project. The project will consist of the remodel of the existing fire and the construction of an addition to the east side of the housing area as well as the engine bay of the station. This project is needed to accommodate increased shift staffing and the storage of modern equipment which is too large for the existing engine bays.

The Engineer's Estimate of Probable Cost for the project is $4,002,000. An additional $400,200 is necessary for construction contingency (10%), and $97,800 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $4,500,000.

Funding for this project is provided from Measure I Funds.

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
Appropriated/Funded:

Item No. 10.

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 PROJECT LOCATION MAP
FIRE STATION 72

SUBJECT
LOCATION N NEWCOMB ST.

W MORTON AVE.

Item No. 11.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Distribute Request for Proposals - HVAC Maintenance SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville is in need of a qualified firm(s) to provide professional Heating, Ventilation and Air Conditioning (HVAC) maintenance services for City buildings. It has been quite some time since the City has performed a Request for Proposals (RFP) for such HVAC maintenance services. It is the intent of this RFP to establish a term contract, with the possibility of multiple firms for the City of Porterville for City-owned facilities on a scheduled and as-needed basis.

A draft RFP is provided as an attachment.

The contractor shall furnish all labor, equipment, tools, parts, materials and supplies required to repair existing systems and install new HVAC and HVACassociated systems as well as scheduled inspections/ maintenance. This includes the provision of all replacement parts and component systems required for existing building HVAC systems in accordance with all original equipment manufacturer specifications. The Contractor will also be responsible for obtaining any necessary permits.

The objectives of the City for this RFP are as follows:

A. The City will establish a periodic preventive maintenance program for all City facilities' HVAC systems, including emergency repairs and replacement.

B. Cost-efficient and effective HVAC maintenance services.

C. The contractor will respond to emergency services.

D. Minimal interruptions to City operations.

E. Ensure consistent and reliable HVAC maintenance services for all City-owned facilities.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for on-call HVAC maintenance service for City buildings.

ATTACHMENTS: 1. RFP HVAC Maintenance
Item No. 11.

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR

HVAC MAINTENANCE
RFP No. 25/26-
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from qualified firms to provide professional Heating, Ventilation and Air Conditioning Maintenance Services for City buildings, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. It is the intent of this RFP to establish a term contract, with the possibility of multiple firms for the City of Porterville for City owned facilities on a scheduled and “as needed” basis. After evaluation and award of the contract(s) the City intends to have multiple contractors to perform the services mentioned in the scope of work. This document identifies the general scope and procedures in this process. Responding applicants must have relevant experience and the ability to provide the requisite professional services.

Submittal: One PDF version must be received by:
4:00 p.m., PST Friday, August 15, 2025
Addressed to: City of Porterville
Parks and Leisure Services
Attention: Donnie Moore
[email protected]
Email Subject: RFP No. 25/26- HVAC Maintenance
Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

RFP documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the RFP process will be handled electronically through the Public Purchase website. Proposals packets may be submitted through the Public Purchase website and can also be submitted by email in a PDF format to [email protected]. (Do not email Zip files.) The City of Porterville is an Equal Opportunity Employer.

I. INTRODUCTION
City, through its Parks and Leisure Services Department, is initiating this RFP to solicit Proposals from qualified firms to provide professional Heating, Ventilation and Air Conditioning Maintenance Services for City buildings in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The selected firm(s) shall be selected and determined through the City’s review of each response, considering the factors identified in this RFP, and any other factors that it considers relevant to serving the best interests of the City and its mission.

II.MINIMUM QUALIFICATIONS
The Contractor shall be appropriately licensed by the State of California for HVAC work and shall provide evidence of his or her engagement in the HVAC business for a minimum of three (3) years. They must also demonstrate that an adequate number of employees and equipment are maintained to satisfactorily perform scheduled and emergency services twenty-four (24) hours per day, 365 days per year; who are skilled, responsible persons; who in a manner and character are suitable to a business administering to the type of patronage expected by a City Contractor.

The Proposer must also possess strong communication skills; have ample experience in providing invoices and paperwork related to the scope of service performed; and be able to provide the minimum categories and amounts of insurance required.

III. PERIOD OF PERFORMANCE
Subsequent to the selection of the awarded Proposer, the contents of the Proposal shall become a contractual obligation if a contract ensues. Failure of a Proposer to accept this obligation will result in the cancellation of the contract award. The term of the contract will be from October 1, 2025 through September 30, 2028. The contract may be canceled or any portion thereof at any time during the term of service and such cancellations shall be effective upon giving sixty (60) days written notice. The City, may renew this contract, if mutually agreed upon by both parties, for up to three, one-year periods, beginning on October 1, 2028. This option will be exercised only if the Contractor has demonstrated superior performance in provision of HVAC Maintenance and Repair Services to the City.

IV. SCOPE OF SERVICES
Proposer shall demonstrate adequate qualifications and experience in performing the following work required for maintaining all mechanical systems and equipment at various City facilities as listed.

Services will include a designated number of on-site visits per year in accordance with negotiated agreement and scope of work. The final scope of work may be adjusted after a complete survey and audit of each system by the selected Proposer(s). Proposers may only submit proposals for the entirety of services requested. Proposals that omit portions of specific work will not be considered. Any subcontractors or combination of subcontractors must be listed in the appropriate area of the proposal.

Maintenance, repair, and installation of new equipment will include labor, parts, tools, equipment, miscellaneous materials and supervision to facilitate the general maintenance, standard repair and emergency repair. All work must be performed in compliance with all applicable laws, regulations and codes. The Contractor will be responsible for obtaining any necessary permits. The contractor shall furnish all labor, equipment, tools, parts, materials and supplies required to repair existing systems and install new HVAC and HVAC associated systems as well as scheduled inspections/ maintenance. This includes the provision of all replacement parts and component systems required for existing building HVAC systems in accordance with all original equipment manufacturer specifications. The objectives of this RFP shall include, but not be limited to:

A. The City will establish a periodic preventive maintenance program for all City facilities' HVAC systems, including emergency repairs and replacement.

B. Cost-efficient and effective HVAC maintenance services.

C. The contractor will respond to emergency services.

D. Minimal interruptions to City operations.

E. Ensure consistent and reliable HVAC maintenance services for all City-owned facilities.

V. REJECTION OF PROPOSALS
The City reserves the right to reject all Proposals received as a result of this RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City.

VI. ADDENDA
It is the responsibility of Proposer to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.

VII. QUESTION DEADLINE
Questions regarding this project are due no later than Thursday, August 7, 2025, through https://www.publicpurchase.com.

VIII. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 4:00 p.m. PST on Friday, August 15, 2025 through the Public Purchase website, or submitted by email in a PDF format to [email protected]. (Do not email Zip files.) IX. PROPOSALS
To be considered, Proposers must submit a complete response to this RFP in the manner and timing described herein.

X. SELECTED COMPANY OR INDIVIDUAL RESPONSIBILITIES
The selected firm(s) will be required to assume responsibility for all services offered in his/her Proposal, regardless of who produces them. Furthermore, the City will consider the selected firm(s) to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

XI. CONTRACT PAYMENT
The selected firm(s) will submit invoices to the City of Porterville’s Finance Department. Payment for contract services entered into as a result of this RFP within shall be made within the timeframe specified in the contract.

XII. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The selected company or individual shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority companies and women owned business enterprises are encouraged to apply.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.

XIII. PROPOSAL REQUIREMENTS
All Proposals shall be organized in the following manner:

A. Proposer’s Contact Information
Name, address and telephone number of the Proposer. The name and title of the individual authorized to negotiate contract terms and make binding commitments shall be included.

B. Proposer Capacity and Experience
C. Proposer’s Team Structure / Internal Controls
Provide a description of the Proposer’s team structure. Provide an organizational chart of the company or individual indicating lines of authority for personnel involved in performance of this potential contract.

D. Experience of the Proposer
Indicate the experience the Proposer has in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Proposer, and any team members, for the performance of the potential contract. ii. Include a list of contracts the Proposer has had during the last five (5) years that relate to the Proposer’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and e-mail addresses. The Proposer grants permission to the City to contact the list provided.

E. References
List names, addresses, telephone numbers, and e-mail addresses of three (3) businesses references for whom work has been accomplished and briefly describe the type of services provided. The Proposer grants permission to the City to contact the references provided. Do not include current City Staff as references. The City may evaluate references at the City’s discretion.

F. Related Information
If the Proposer has had a contract terminated for default in the last five (5) years, describe the incident. Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance and if the issue of performance was either:
i. Not litigated due to inaction on the part of the Proposer, or ii. Litigated and such litigation determined that the Proposer was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five (5) years, so indicate.

XIV.COST PROPOSAL
The evaluation process is designed to award this procurement not necessarily to the Proposer that proposes the least cost, but rather to the Proposer whose Proposal best meets the requirements of this RFP.

A. Identification of Costs
Identify all costs, including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. At a minimum the cost proposal shall include professional service fees for implementation and related services, if any.

XV. EVALUATION CRITERIA
The Proposals received will be reviewed by City Staff. This RFP is competitive and priority will be given to Proposals that most closely meet the needs of the City. All Proposals will be fully considered and rated by the evaluation team. The City may use some or all of the following criteria in its evaluation of Proposals submitted. The following list of criteria is not necessarily an all-inclusive list. The order in which criteria appear is not intended to indicate their relative importance:

A. Price: Analysis of cost competitiveness.

B. Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.

C. Project Understanding: The level to which the Proposer understands the needs of the City, and the scope of the RFP.

D. Proposer’s Experience: Recent experience in providing similar golf management services to other public agencies.

E. References: Ability to provide references for the City’s review.

The City may also contact and evaluate the Proposer’s references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process.

The City shall not be obligated to accept the lowest-priced Proposal, but shall make an award in the best interest of the City.

Item No. 12.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Award Project - Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave)
SOURCE: Engineering and Project Management
COMMENT: On July 8, 2025, staff received three (3) bids for the Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave). This project includes the removal and replacement of existing asphalt. This project also includes the installation of new barrier curb and gutter, detectable warnings, and conduit for a fiber optic line.

The Engineer's Estimate of Probable Cost for the project was $1,194,595. The low bid presented by MAC General Engineering, Inc of Exeter is $725,174.93, which is 39.3% less than the Engineer's Estimate. An additional $72,517 is necessary for construction contingency (10%), and $72,517 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $870,208.93.

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.

The bids are as follows:

Contractor Bid Amount
MAC General, Inc $725,174.93
Archer Civil Construction, Inc $891,569.52
Cal Valley Construction, Inc $919,879.00
Staff has found the low bid acceptable.

RECOMMENDATION: That the City Council:

1. Award the Main Street Reconstruction Project, Phase 2B (Olive Ave to Garden Ave) to MAC General, Inc in the amount of $725,174.93;

2. Authorize progress payments up to one hundred percent (100%) of the contract amount;
Item No. 12.

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

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: 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.

Item No. 13.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Acceptance of Project - Thurman Avenue & Third Street Storm Drain Project SOURCE: Engineering and Project Management
COMMENT: 99 Pipeline, Inc has completed the Thurman Avenue & Third Street Storm Drain Project per plans and specifications. The project included approximately 1500 lineal feet of storm drain piping, connection to existing storm drain manholes, construction of new storm drain manholes, trench patching, and related appurtenances. The project also included approximately two hundred (200) lineal feet of sewer main replacement.

Staff tracks construction costs of all capital improvement projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on August 4, 2020, Council authorized an expenditure of $1,351,050 for construction, construction management, quality control and inspection services for this project. The following itemizes the constructionrelated costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction cost are $1,301,797.86

2. Construction management, quality control and inspection services costs are $49,163.73
Total project construction costs equate to $1,350,961.59, which is less than the $1,351,050 overall budget approved by Council. Funding for this project is from Local Transportation Funds (LTF) and Sewer Revolving Funds (SRF). 99 Pipeline, Inc requests that the City Council accept the project as complete.

Staff reviewed the work and found it acceptable.

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.

Item No. 13.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

PORTER SLOUGH
ORANGE AVE.A STREET B STREET C STREET
ORANGE AVE. HOCKETT ST. D STREET
MAPLE ST.

VINE AVE.

WALNUT AVE.

ORANGE AVE.

WILLOW ST. FIG ST.

GARDEN AVE.

OAK AVE.

MILL AVE. SECOND ST. THIRD ST. FOURTH ST. KESSING ST. G ST. H STREET KESSING ST.

WILLOW AVE.

CHERRY AVE.

PUTNAM AVE. DIVISION ST.

THURMAN AVE.

CLEVELAND AVE.

HARRISON AVE. E STREET HOCKETT ST. D STREET G STREET F STREET GARDEN ST.

OAK AVE. CONLEY ST. PEARSON AVE. HENRAHAN ST. FOURTH ST. THIRD ST.

SCHOOL AVE.

BELLEVIEW AVE.

NORTH AVE.

DORIS AVE. E STREET EL GRANITO AVE. HAWAII AVE. LIHU AVE. PALM AVE.

LLEVIEW AVE.

KANAI AVE. MAIN ST. MAIN ST. JAYE ST. JAYE ST. JAYE ST
OLIVE AVE.

OLIVE AV
TON AVE.
pot hole location
pot hole location
PUTNAM AVE.
olive Ave.

CLEVELAND AVE.

GRAND AV
GRAND AVE.

MORTON AVE.

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H

PROJECT
LIMITS

PROJECT
LIMITS
Item No. 14.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Execute Agreement for Permitting and Licensing Software SOURCE: Engineering and Project Management
COMMENT: The City of Porterville currently utilizes the EnerGov software platform by Tyler Technologies to manage its permitting functions. Over the years, the system has undergone several updates, resulting in the loss of key functionalities and diminished user efficiency. On February 18, 2025, City Council approved the execution of an agreement with Granicus for their SmartGov permitting and licensing software. Shortly after kicking off this process, staff became aware of mass layoffs within the company and this indefinitely delayed our project. City staff chose to cancel that agreement and ask for a full refund of our payment.

In alignment with the City's commitment to improving operational efficiency and public service delivery, staff evaluated alternative permitting software platforms that are available through pre-approved purchasing lists such as the California Multiple Award Schedules (CMAS), U.S. Communities list, etc.

Multiple software providers were reviewed through demonstrations and staff input sessions. Based on usability, cost, integration potential, and public accessibility, OpenGov emerged as the preferred solution.

OpenGov's cloud-based platform is designed to provide an intuitive user experience for both staff and the public, which is expected to reduce counter time, enhance productivity, and improve transparency. In addition to permitting and licensing, OpenGov offers scalable modules for budgeting, financial management, asset tracking, and procurement, providing potential for future system consolidation.

OpenGov software will be procured through Vertosoft LLC, an authorized reseller participating in the NCPA (National Cooperative Purchasing Alliance) and OMNIA Partners cooperative procurement contracts. The City of Porterville, as a participating member of OMNIA, is eligible to utilize Contract #01-165 for this procurement, thereby ensuring compliance with public procurement regulations and saving time and administrative costs associated with a formal RFQ/RFP process.

The quote received from Vertosoft (Quote #Q-12861) includes the following Item No. 14.
components:
-Permitting and Licensing Software - Year 1 (2025 partial year): $150,122.33 -Permitting and Licensing Software - Year 2 (2026 full year): $93,622.68 -Total Contracted Amount: $243,745.01
A significant portion of the Year 1 cost includes professional services to ensure proper implementation, configuration, and staff training.

Funding for this contract is approved in the Fiscal Year 2024-2025 budget for Year 1 through the General Fund and Year 2 will be proposed in the 2025-2026 budget, also utilizing the General Fund.

RECOMMENDATION: That the City Council authorize the Engineering and Project Management Director to execute a purchase agreement with Vertosoft LLC for the acquisition of OpenGov Permitting and Licensing Software and associated professional services, in the amount of $243,745.01.

ATTACHMENTS: 1. OpenGov Quote for Porterville

2. OpenGov Statement of Work
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Richard Tree, Interim City Manager
1602 Village Market Blvd SE, Suite 320
Leesburg, VA20175 USA
Cage Code: 7QV38
UEI Number Y7D5MXRU2839
DUNS# 080431574
Federal Tax ID: 81-3911287
Business Size: Small Business
Date: 7/7/2025, 12:57 PM
Phone: 571 707-4130
Fax: 571-291-4119
Email: [email protected]
Vertosoft Contact: Carly Moore
Phone: (540) 998-8361
Email: [email protected]
Vertosoft Quote for OpenGov - City of Porterville, CA
Contract: NCPA - OMNIA 01-165
Quote #: Q-12861
Expires On: 7/18/2025
Ship To
City of Porterville, CA
Javier Sanchez
[email protected]
Quote For:

Name:

Company: City of Porterville, CA
Email:

Phone:

PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF # Net 30 Electronic Check/ACH/Credit Card
Overall POP Start Date: 7/15/2025
Overall POP End Date: 12/31/2026
Term 1 07/15/2025-12/31/2025
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
OG-TWCZ-B200300M-AR-1Y Permitting & Licensing: Add-On Bundle - Between $200-300 Million - 1Y

1.00 $3,419.69 $3,419.69
OG-TWCQ-B200300M-AR-1Y Permitting and Licensing - Building Essentials Without Fire - Between $200-300 Million - 1Y

1.00 $23,051.29 $23,051.29
OG-TWER-B200300M-AR-1Y Permitting and Licensing - Business Licenses Additional Service Area - Between $200-300 Million - 1Y

1.00 $14,833.75 $14,833.75
OG-PSBG-B200300M-OT-0Y Professional Services Deployment - Prepaid - Between $200- 300 Million - 0Y
460.00 $236.56 $108,817.60
Term 1 TOTAL: $150,122.33

Term 2 01/01/2026-12/31/2026
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
OG-TWCZ-B200300M-AR-1Y Permitting & Licensing: Add-On Bundle - Between $200-300 Million - 1Y

1.00 $7,751.16 $7,751.16
OG-TWCQ-B200300M-AR-1Y Permitting and Licensing - Building Essentials Without Fire - Between $200-300 Million - 1Y

1.00 $52,248.83 $52,248.83
OG-TWER-B200300M-AR-1Y Permitting and Licensing - Business Licenses Additional Service Area - Between $200-300 Million - 1Y

1.00 $33,622.69 $33,622.69
Term 2 TOTAL: $93,622.68
Quote Terms
By purchasing the products and services described in this order form, the Customer is expressly agreeing to the End User Agreement published at https://www.vertosoft.com/terms-and-conditions-opengov Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.

Credit Card Orders: Additional fees may apply if paying by credit card.

All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.

Statement of Work
City of Porterville, CA
Creation Date: 6/23/2025
SoW Expiration Date: 9/23/2025
Document Number: PS-09268.1
Created by: Dean Simpson
PS-09268.1
1 Table of Contents
OpenGov Statement of Work 3

1. Project Scope 3

2. Adjustments to the Project Scope, Estimated Schedule, Charges and other Terms 3

3. Project Delivery 3

4. Project Understanding 3

5. OpenGov Responsibilities 4

6. Project Tracking and Reporting 4

7. Communication and Escalation Procedure 4

8. OpenGov Implementation Methodology 5

8.1. Initiate 5

8.2. Validate 6

8.3. Configure 6

8.5. Launch 6
9 . Customer Responsibilities 6

10. Customer’s Project Manager 7

11. Acceptance Procedure 7

12. Estimated Schedule 8

13. Illustrative Project Timelines 8

14. Change Order Process 9
Exhibit 1: Implementation Activities 10
Permitting & Licensing 10
Initiate 10
Validate 10
Configure 11
Train 14
Launch 14
Exhibit 2: Technical Requirements 16
Permitting & Licensing Technical Requirements 16
PS-09268.1
2 OpenGov Statement of Work
This Statement of Work (“SOW”) identifies services that OpenGov will perform for City of Porterville, CA (“Customer”) pursuant to the order for OpenGov Professional Services. This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. The OpenGov Responsibilities section of this document can be found in Exhibit 1: Implementation Activities. Any additional services or support not detailed in Exhibit 1 will be considered out of scope.

1. Project Scope
Under this project, OpenGov will deliver cloud based solutions (detailed list in “Exhibit 1”). OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Section 14.

2. Adjustments to the Project Scope, Estimated Schedule, Charges and other Terms Adjustments to the deliverables in Exhibit 1 may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates.

3. Project Delivery

3.1. OpenGov will perform the work under this SOW remotely unless explicitly identified below.

3.2. OpenGov will use personnel and resources located across the United States, and may also include OpenGov-trained implementation partners to support the delivery of services.

4. Project Understanding

4.1. Deviations that arise during the proposed project will be managed through the Change Order Process (as defined in Section 14) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and/or other terms.

4.2. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. Implementation of any custom modification or integration developed by OpenGov; Customer internal staff; or any third-party is not included in the scope of this project unless specifically listed in Exhibit 1.

4.3. The customer is responsible for providing appropriate time and resources to the project to meet deliverables as outlined in the project plan.

4.4. Data conversion services from other software system(s) or sources are not included in the scope of this project unless specifically listed in Exhibit 1.

PS-09268.1
3 5. OpenGov Responsibilities

5.1. OpenGov will provide project management for the OpenGov responsibilities in this SOW. This provides direction to OpenGov project personnel and a shared framework for project planning, communications, reporting, procedural and contractual activity.

5.2. OpenGov will review the Project Plan with Customer’s Project Manager and key stakeholders to ensure alignment on agreed upon timelines.

5.3. OpenGov will maintain project communications through Customer’s Project Manager.

5.4. OpenGov will establish documentation and procedural standards for deliverable materials.

5.5. OpenGov will assist Customer’s Project Manager to prepare and maintain the Project Plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones identified in Exhibit 1.

6. Project Tracking and Reporting

6.1. OpenGov will review project tasks, schedules, and resources and make changes or additions, as appropriate. OpenGov will measure and evaluate progress against the Project Plan with Customer's Project Manager.

6.2. OpenGov will work with Customer’s Project Manager to address and resolve deviations from the Project Plan.

6.3. OpenGov will conduct regularly scheduled project status meetings.

6.4. OpenGov will administer the Change Order Process with the Customer's Project Manager.

6.5. Deliverable Materials:

6.5.1. Weekly status reports

6.5.2. Project Plan

6.5.3. Project Charter, defining project plan and Go-live date

6.5.4. Risk, Action, Issues and Decisions Register (RAID)

6.6. Deliverable Sign-Off: OpenGov requests Sign-Offs at various deliverables during the implementation of the project. Once the Customer has signed-off on a deliverable, any additional changes requested by Customer on that deliverable will require a paid change order for additional hours for OpenGov to complete the requested changes.

7. Communication and Escalation Procedure

7.1. Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment, both parties agree to the following:

PS-09268.1
4 7.1.1. Regular communication aligned to the agreed upon Project Plan and timing.

7.1.2. OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known.

7.2. Executive involvement

7.2.1. Executives may be called upon to clarify expectations and/or resolve confusion.

7.2.2. Executives may be needed to steer strategic items to maximize the value through the deployment.

7.3. Escalation Process

7.3.1. Identification of an issue impeding deployment progress or outcome, that is not acceptable.

7.3.2. Customer or OpenGov Project Manager summarizes the problem statement and impasse.

7.3.3. Customer and OpenGov Project Managers jointly outline solution acceptance and OpenGov Project Manager will schedule an Executive Review Meeting, if necessary.

7.3.4. The resolution will be documented and signed off.

8. OpenGov Implementation Methodology
Every OpenGov implementation will contain a structured methodology to properly plan and collaborate. The methodology consists of the following phases:
● Initiate
● Validate
● Configure
● Train
● Launch

8.1. Initiate

8.1.1. OpenGov will provide customer entity configuration.

8.1.2. OpenGov will provide system administrators creation.

8.1.3. This activity is complete when the customer has access to their site.

PS-09268.1
5 8.1.4. Customer will sign-off on product access to complete the Initiate Phase of the project.

8.2. Validate

8.2.1. OpenGov will create a Solution Blueprint.

8.2.2. OpenGov will confirm the Data Validation strategy.

8.2.3. This activity is complete when the Solution Blueprint is presented to the customer.

8.2.4. Customer will Sign-off on Initial Draft Solution Blueprint to complete the Validate Phase of the project.

8.3. Configure

8.3.1. OpenGov will configure the deliverables outlined in Exhibit 1.

8.3.2. This activity is complete when all deliverables in Exhibit 1 are configured.

8.3.3. Customer will provide Sign-off that all configuration deliverables have been completed and accepted. OpenGov will provide status and intermediate completion milestones as the project progresses to fully configured.

8.4. Train

8.4.1. Training will be provided in instructor-led virtual sessions unless otherwise specified in Exhibit 1.

8.4.2. OpenGov will provide Administrator training.

8.4.3. OpenGov will provide End User training (if listed in Exhibit 1).

8.4.4. Customer will sign-off that training has been completed.

8.5. Launch

8.5.1. OpenGov will provide HyperAdopt support post Go-Live to ensure successful adoption.

8.5.2. Customer will Sign-off on the HyperAdopt phase of the project which will transition the project from active deployment to Customer Success. 9 . Customer Responsibilities

9.1. The completion of the proposed scope of work depends on the full commitment and participation of Customer’s management and personnel. The Customer’s Project Manager should have access to the appropriate Customer Subject Matter Expert personnel needed for the successful implementation of the project. The responsibilities listed in this section are in addition to the responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by the customer. Delays in performance of these responsibilities may result in a change order and/or delay of the completion of the project.

PS-09268.1
6 9.2. Provide the required data to OpenGov within five (5) days of the requests being made from the OpenGov Project Manager. The Customer will be responsible for any potential charges from third parties to access and provide the data.

9.3. Maintain the same format and access to data on an ongoing basis. Any changes to the underlying data or data source may require a change order or charge in the future.

10. Customer’s Project Manager

10.1. Create, with OpenGov’s assistance, the Project Charter for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates.

10.2. Manage Customer personnel and responsibilities for this project (for example:
ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing).

10.3. Identify and assign Subject Matter Experts (SME).

10.4. Serve as the communication liaison between OpenGov and Customer representatives participating in the project.

10.5. Participate in project status meetings.

10.6. Obtain and provide information, data, and decisions within ten (10) business days of OpenGov’s request unless Customer and OpenGov agree in writing to a different response time.

10.7. Resolve deviations from the estimated schedule.

10.8. Help resolve project issues and escalate issues within Customer’s organization, as necessary.

10.9. Administer the Change Order Process with the Project Manager, if applicable.

11. Acceptance Procedure

11.1. The completed items in Exhibit 1 will be submitted to the Customer’s Project Manager.

11.2. Customer’s Project Manager will have decision authority to approve/reject all Project Criteria, Phase Acceptance and Engagement Acceptance.

11.3. Within five (5) business days of receipt, the Customer’s Project Manager will either accept the Deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from the Customer’s Project Manager within five (5) business days, then the Deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance.

11.4. All acceptance milestones and associated review periods will be tracked on the Project Plan.

11.5 Both OpenGov and Customer recognize that failure to complete tasks and PS-09268.1
7 respond to open issues may have a negative impact on the Project.

11.6. For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the Project.

11.7. Excluding delays caused by a force majeure event, if OpenGov in good faith reasonably determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold after providing a minimum of seven days written notice to Customer. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services in the on hold notice. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities.

12. Estimated Schedule

12.1. OpenGov will schedule resources after the signature of the order form is received. Unless specifically noted, the OpenGov assigned Project Manager will work with Customer Project Manager to develop the Project Charter for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.

12.2. The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures on Order Forms.

13. Illustrative Project Timelines

13.1. The typical project timelines are for illustrative purposes only and may not reflect Customer’s use cases. The order of delivery of the suite(s) will be determined during the project planning activities in the Initiate Phase.

Permitting & Licensing
PS-09268.1
8 14. Change Order Process

14.1. This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing, by both Customer and OpenGov, and documented via a Change Order. No verbal agreement will be binding on OpenGov or Customer.

14.2. A Change Order is defined as work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date. Changes might include but are not limited to:

14.2.1. Timeline for completion.

14.2.2. Sign off process.

14.2.3. Cost of change and/or invoice timing.

14.2.4. Amending the SOW to correct an error.

14.2.5 Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.

14.2.6. Change in type of OpenGov resources to support the SOW.

14.3.The approval process for a Change Order is as follows:

14.3.1.Identification and documentation of a need for modification to the scope of the project as defined in the Statement of Work and any subsequent change orders.

14.3.2. A Change Order is created and Customer and OpenGov review. The Customer will then provide Sign-off.

14.3.3. Change Order is incorporated into the Statement of Work and implemented.

PS-09268.1
9 Exhibit 1: Implementation Activities
Permitting & Licensing
Use Cases for Permitting & Licensing:
● Building Permits & Inspectional Services
● Fire
● Public Works: Right-of-Way Permits, Waste/Water Management, etc Initiate
Provisioning Permitting & Licensing Platform
OpenGov will:
● OpenGov will provision Customer’s OpenGov entity and verify Customer has access to all purchased modules.

Customer will:
● Confirm access to entity and modules.

Completion Criteria
● Customer verifies access to the site.

Data Initiation
OpenGov will:
● Provide the needed data and format to the customer.
● Discuss data needs for the foundational initiation of the software. ● Assign a Project Manager once the data has been collected.

Customer will:
● Provide the required data in a timely manner.

Completion Criteria
● Customer sign-off that the Integrations are complete and the data is being captured as planned.

Validate
Technical Project Review
OpenGov will:
● Provide up to one (1) one-hour working sessions at the beginning of the project to:
o Review deliverables
PS-09268.1
10 o Review technical requirements
o Provide documentation on requirements and processes
OpenGov Assumptions:
● Customer will provide relevant data within two (2) weeks immediately following the kick-off meeting.

Customer will:
● Identify relevant participants for attendance.
● Confirm deliverables.
● Gather and provide relevant data for the project.

Completion Criteria
● Customer sign-off on project plan.

Configure
Record Types Deliverables
OpenGov will configure the following standard record types, including sub-types, drafts of Customer’s record types in the Permitting & Licensing system including Form, Workflow, Output Document and Fees:

Building and Inspectional Services Service Area
Seven (7) record types from the following list:
● Residential Building Permit
● Commercial Building Permit
● Electrical Permit
● Mechanical Permit
● Plumbing Permit
● Pool Permit
● Grading Permit
Fire Service Area
One (1) record types from the following list:
● Fire Permit
Public Works Service Area
One (1) record types from the following list:
● Public Works Permit
Customer will:
● Attend working sessions to validate, review, and iterate upon draft records. ● Test all configured record types
Completion Criteria
● Customer sign-off that the Record Types have been configured. Sign-off will occur with each completed Record Type.

Data Deliverables
PS-09268.1
11 Master Address Table (MAT) Integration
OpenGov will:
● Provide a template file to be utilized by the Customer to populate MAT information. ● Import the completed template file and validate against the completed template file.

Customer will:
● Populate and validate the MAT template.

Completion Criteria
● Customer sign-off that the Master Address Table has been configured.

ESRI ArcGIS Server Integration
OpenGov will:
● Integrate with the Customer’s ArcGIS public API endpoint.

Completion Criteria
● Customer sign-off on the ESRI Integration.

GIS Flag Integration
OpenGov will:
● Provide a template file to be utilized by the Customer to populate GIS Flag information. ● Import the populated template file after acceptance.
● Enable the GIS Flag Integration.

Customer will:
● Populate and validate the flag template file.

Completion Criteria
● Customer sign-off on the GIS Flag Integration.

Accounting and Finance Export
OpenGov will:
● Provide an export of financial data, based on the Customer’s provided format, to the Customer’s FTPS as often as nightly.

Customer will:
● Agree upon specifications prior to export.

Completion Criteria
● Customer sign-off on the Accounting and Finance Export.

Autofill Integration
OpenGov will:
● Provide up to three (3) Autofill, using source data from OpenGov or provided by the Customer.

Customer will:
● Provide the source data, if applicable.
● Agree upon specifications prior to upload.

Completion Criteria
● Customer sign-off on the Autofill Integration.

State Contractor Integration
PS-09268.1
12 OpenGov will:
● Integrate with the California licensed professional dataset for use within OpenGov.

Completion Criteria
● Customer sign-off on the State Contractor Integration.

Single Sign On (SSO) Integration
OpenGov will:
● Provide the SSO enablement form.
● Implement identity provider initiated SSO for Microsoft ADFS, Microsoft Azure AD, or Okta.

Customer will:
● Complete the SSO enablement form.
● Provide the information from the identity provided required to establish SAML or HTTPS certification and add OpenGov as a new application in the identity provider.

Completion Criteria
● Customer sign-off on the SSO Integration.

Data Migration
OpenGov will:
● Perform historic data migration from Energov using flat files provided by and mapped by the customer.
● Set up historical record types, historical data will be migrated prior to the initial data load. ● Provide a report of unmatched locations
● Provide instructions for customer validation of data migration. ● Provide up to two (2) format changes for each integration file, allowing for necessary edits to be made during the testing and validation process.

OpenGov Assumptions:
● Data Migration does not exceed 250,000 records.
● Data Migration does not include database backup files. ● Data Migration does not include cleansing of corrupt data, creation or linking of applicant accounts, integration of historical fees and payments into workflow or financial reports, logs of permit changes, migration of data into the workflow, permit attachments, import of contractor database, or hierarchical relationships between records.

Customer will:
● Complete the OpenGov provided data templates within three (3) weeks of request. ● Validate data deliverables within three (3) weeks of request. ● Configure Record Types to align with the Project Plan’s Go Live and cutover to ensure the migration encompasses all records from the legacy system. ● Sign off on data load.

Completion Criteria
● Customer sign-off that the Data Migration has been completed.

Document Migration
OpenGov will:
● Migrate documents attached to either migrated permits or locations provided through a Master Address Table (MAT) integration.

OpenGov Assumptions:
● Document Migration does not exceed 1TB.

PS-09268.1
13 Completion Criteria
● Customer sign-off that the Document Migration has been completed.

Train
Administrator Training
OpenGov will:
● Provide up to twelve (12) hours of Permitting & Licensing system administrator training to enable system administrators on the following topics:
○ Setting up the public portal
○ Employee app settings
○ Creating and editing record types
○ Managing Forms
○ Editing Documents
○ Creating Workflows
○ Setting up Inspections
○ Reporting & Transparency
■ Download and upload data
■ How to create reports and dashboards
○ Mobile app
Customer will:
● Identify the relevant participants to attend each training session.

Completion Criteria
● Administrator Training has been conducted.

End User Training
OpenGov will:
● Provide up to sixteen (16) hours of end-user trainings designed for Plan Review, Inspectors, Finance Staff, etc. to cover the following topics:
○ Navigation of the system
○ Manage inbox and tasks
○ Take payments
○ Conduct inspections
○ Create records
○ Mobile app
Customer will:
● Identify the relevant participants to attend each training session.

Completion Criteria
● End User Training has been conducted
Launch
HyperAdopt
PS-09268.1
14 OpenGov will:
● Provide up to eight (8) hours of HyperAdopt support from the OpenGov Project Team post Go-Live to ensure successful adoption.

Customer will:
● Identify issues and attend sessions
Completion Criteria
● Customer sign-off that the project has been completed.

PS-09268.1
15 Exhibit 2: Technical Requirements
Permitting & Licensing Technical Requirements
Master Address Table
● All addresses must have a unique ID
● Flat file, .csv, .xls, .xlsx, .txt with headers
● Parcels and address points recommended
● Recommended source data: Esri GIS, Alternative source options include: Assessor’s database, E911
ESRI ArcGIS
● A single publicly-accessible secure ESRI REST API URL ArcGIS Flags
● Polygon Layer(s) via ESRI REST API URL, Polylines and points are not supported ● Flags will be populated via the same Publicly-accessible secure ESRI REST API URL as provided for the ESRI ArcGIS integration.

Financial and Record Exports
● Required format (columns) and sample document
Autofills using Customer source data
● Flat file, .csv, .xls, .xlsx, .txt with headers
Current application forms, workflows, fee structures, and output documents ● PDF, Word, .csv, .xls, .xlsx with headers
Historical Data
● Flat file, .csv, .xlsx with headers
● Record type and status mapping using OpenGov template Historical Documents
● Flat file, .csv, .xlsx with headers
● One row per document. All rows must be tied back to the MAT’s unique ID field and have a file path or publicly accessible URL.
● Special characters, outside of the following list, are not supported and will be removed from file names upon migration to OpenGov.
○ Alphanumeric characters
■ A-z
■ A-Z
■ 0-9
○ Special characters
■ Exclamation point (!)
■ Hyphen (-)
■ Underscore (_)
PS-09268.1
16 ■ Period (.)
■ Asterisk (*)
■ Single quote (')
■ Open parenthesis (()
■ Close parenthesis ())
SSO
● SAML or HTTPS certificate, Whitelist OpenGov in Customer VPN or firewall PS-09268.1
17 Item No. 15.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Initiate Naming Process for Fourth Street Park and Community Center
SOURCE: Parks and Leisure Services
COMMENT: Construction will soon begin on a new park and community center to be located just east of the intersection of Henderson Avenue and Fourth Street.

Construction is expected to be completed by late 2026. Highlights of the community center include a multi-use gymnasium, racquetball court, youth center, study room, and Leisure Services office. Park features will include a splash pad, pump track, mini-pitch arena, climbing rock, challenge fitness course, playground, picnic shelter, fitness equipment, public art, and more.

The last time a facility was named through the Parks and Leisure Services Department was in 2014 for Fallen Heroes Park. At that time, the City Council directed staff to conduct a community-wide contest to solicit potential names.

The Parks and Leisure Services Commission reviewed the names submitted through the survey and narrowed the list down to five finalists, which were then forwarded to the City Council for final selection. The process was wellreceived by the community.

At its meeting on May 1, 2025, the Parks and Leisure Services Commission voted unanimously to recommend a similar process be used to select a name for the new park and community center. The Commission further recommended that each name submission include a brief explanation of the name’s significance.

RECOMMENDATION: That the City Council direct staff to conduct a community survey to solicit potential name options for the Fourth Street Park and Community Center, with all submissions reviewed by the Parks and Leisure Services Commission and a final list forwarded to the City Council for selection.

ATTACHMENTS: 1. Back view
Item No. 15.

2. Front view

3. Community Center Site Plan (1)

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager

FRONT
E Grand Ave
16 01
02 03
04 05
06 07
08 09
10 11
12 13
14 15
17 18
19 21 22 23 24 25 26 27
393837363534333231302928
40 41 42 43 44 45 46 47 48 49 50 51
52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93

COMMUNITY CENTER
N 4TH STREET

E HENDERSON AVE
16,514 sq.ft.

N HENRAHAN ST (ABANDONED)

EXISTING BIKE PATH

LIMIT OF WORK

SETBACK
10' - 0"
S
E
T
B
A
C
K
5' - 0"

SETBACK
5' - 0"
5' - 0"

SETBACK
10' - 0"
EV

FEV FEV FEV FEV FEV FEV FEV FEV FEV FEV FEV FEV

EV EV EV

PROPERTY LINE

LIMIT OF WORK

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
20 91' - 3"
2 0
0' - 0"
78' - 3"

CHALLENGE COURSE

PUMP TRACK

SPLASH PAD

PLAY AREA

MINI PITCH

CLIMBING BOULDER
11 6800
32 1800

BIORETENTION AREA

BIORETENTION AREA

BIORETENTION AREA

SHADE STRUCTURES

SHADE STRUCTURES

SHADE STRUCTURES

ARCHITECTURE SCOPE

NOT IN SCOPE
2 Item No. 16.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Authorization to Distribute a Request for Qualifications (RFQ) for On-Call Environmental Consulting Services
SOURCE: Community Development
COMMENT: Since 2003, the City has maintained an On-Call Consulting Services contract with at least one consulting firm to provide environmental and other specialized services (such as Engineering and Surveying) to the City. Due to the increasing complexity of environmental law and regulations, the City Council authorized staff to release a request for qualifications for an on-call environmental review service. These consultants will be tasked with any project not deemed exempt from the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA).

Consultant services have been utilized on a number of private development projects as well as City public works projects that include, but are not limited to, mitigation monitoring, environmental review of parks improvements and Community Development Block Grant (CDBG) projects, road widening and extension projects, and water system expansion.

The services to be rendered under this contract would consist of, but not be limited to, the preparation of Initial Studies, Negative Declarations, Environmental Impact Reports, and, where appropriate, Categorical Exclusions, Environmental Assessments, Environmental Impact Studies, and other documents as necessary to comply with State and federal environmental guidelines. The selected consultant must have a substantial working knowledge of CEQA and NEPA, and the ability to perform specialized studies such as wetlands delineations, biological surveys, and archaeological surveys, and must possess strong writing and communication skills and have a flexible schedule that will allow for attendance at meetings as necessary. Although the Community Development Director or designee will review the consultant’s work, the above-referenced skills are essential to meeting the City’s needs.

In addition to the preparation of environmental documents and studies, it is anticipated that the City will have a number of projects requiring on-site biological and/or archaeological monitoring during construction. Other services typically rendered by the selected firm may also be utilized from time Item No. 16.
to time. It is intended that the successful consultant will perform on both public and private sector projects. In response to the City’s Request for Qualifications in 2022, Council authorized the execution of the on-call consulting contract with five firms.

The previous on-call consulting services contracts were authorized for a threeyear term, beginning in October 2022, and will expire in October of this year.

At this time, Staff requests authorization to release a request for qualifications for on-call consulting services.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Qualifications for on-call environmental consulting services.

ATTACHMENTS: 1. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

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

REQUEST FOR QUALIFICATIONS
On-Call Environmental Services
NO. _____
JULY 2025

CITY OF PORTERVILLE

DEPARTMENT OF COMMUNITY DEVELOPMENT
291 N MAIN STREET
PORTERVILLE, CA 93257
Deadline:
4:00 P.M., Friday, August 29, 2025

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES RFQ No. _____
The City of Porterville is seeking statements of qualifications (SOQs) from planning consulting firms or individuals to assist with on-call environmental review services and complete all necessary federal and state mandated Environmental Review documents for development projects in the City of Porterville.

Submittal: One PDF version must be received via Public Purchase by:
4:00 p.m., Friday, August 29, 2025
Email Subject: RFQ No. ___ Environmental Consulting Services Late or incomplete submittals will not be accepted and will be automatically disqualified from further consideration. All response packages and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

The RFQ documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the RFQ process will be handled electronically through the Public Purchase website. No SOQ shall be received from an individual or company that has not registered and accessed the RFQ documents from the Public Purchase website.

Questions regarding this project are due no later than 4:00 p.m. on Friday, August 22, 2025.

I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) to establish a list of competent consultants to provide on-call environmental services for multiple Capital Improvement Projects and developer-initiated projects through task orders on an as-needed basis. On-call services are expected to begin in October 2025 and terminate three years from date of award of contract.

It is important to note that the City receives both federal and state grant funds, so responsive firms should be willing and able to complete NEPA (National Environmental Policy Act) and CEQA (California Environmental Quality Act) reviews.

II EXAMINATION OF PROPOSAL DOCUMENTS:

By submitting a SOQ, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this RFQ will be made by written addendum and handled electronically through the Public Purchase website. No verbal modification shall be binding.

IV STATEMENT OF QUALIFICATION (SOQ) REQUIREMENTS:

SOQs for this project will be accepted via the Public Purchase website https://www.publicpurchase.com until 4:00 p.m., on Friday, August 29, 2025. One PDF version of the SOQ shall be submitted. Cost proposals shall not be submitted until requested by the CITY.

The City reserves the right to reject any and all submissions that do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its SOQ in response to this RFQ; 2) submitting its SOQ to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's SOQ; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII LOCAL AGENCY REPRESENTATIVE:

Claudia Calderon, Community Development Director, shall be the Contract Administrator and contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X INDEMNIFICATION:

The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance of the requirements of the Contract.

XI SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. In accordance with federal-aid funded projects, Disadvantaged Business Enterprise (DBE) requirements must be met. The DBE participation goal percentage will be established on a project-by-project basis.

XIII STATEMENT OF QUALIFICATIONS (SOQ) EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.

The attached Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all statements and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for mid-September. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration.

CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new statements. CITY reserves the right to reject any and all statements prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's Statement of Qualifications, and CITY Contract.

Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, October 7, 2025. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.

XVII COMPENSATION:

A. All items of work required for completion of the projects to result from this RFQ shall be paid for following the cost proposal format specified in each task order request. Projects that involve Caltrans approval for any phase of the project must follow LAPM Chapter 10 cost proposal format requirements. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX SOQ FORMAT AND CONTENT:

Submitted SOQs shall be brief and include a concise address of the following information:

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. SOQ Format:

1. SOQs shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty pages.

2. SOQs should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Identification of offering firms, including name, address, and telephone number of each firm;
d. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; e. Acknowledgment of receipt of RFQ addenda, if any;
f. Concise, complete response to the technical aspects requested in the “Environmental Consultant Qualifications and Selection Criteria”; and g. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR ON-CALL ENVIRONMENTAL SERVICES The City of Porterville seeks the services of an environmental consultant or consulting firm to provide assistance to City Staff as necessary in the preparation of environmental documents for multiple capital improvement projects and developer-initiated projects. The services to be rendered under this contract would consist of the preparation of Initial Studies, Negative Declarations, Environmental Impact Reports and where appropriate, Categorical Exclusions, Environmental Assessments, and other documents as necessary to comply with state and federal environmental guidelines. It is anticipated that the majority of the work effort would be focused on CEQA compliance. The selected environmental consultant must have a substantial working knowledge of CEQA and NEPA, must possess strong writing and communication skills, and have a flexible schedule that will allow for attendance at meetings as necessary. Although the consultant’s work will be reviewed by the Community Development Director, the above referenced skills are essential to meeting the objectives of this program.

In addition to the preparation of environmental documents and studies, it is anticipated that the City will have a number of projects requiring on-site biological and/or archaeological monitoring during construction. Other services typically rendered by the selected firm(s) may also be utilized during the course of this agreement.

SCOPE OF ENVIRONMENTAL CONSULTANT SERVICES:

The consultant will respond directly to the Community Development Director or her designee on a particular project. The selected consultant will perform, but not be limited to the following tasks:

1. Compile background data necessary for the preparation of the appropriate environmental documents.

2. Prepare Initial Study checklists, technical studies, categorical exemptions, negative declarations, mitigated negative declarations, environmental impact reports, environmental assessments, categorical exclusions, and environmental impact statements.

3. Develop timelines and work hour estimates necessary for the preparation of the environmental documents based on specific projects.

4. Identify key factors that need to be evaluated, which may require hiring a specialist in a particular area of analysis (i.e. air quality, noise, etc.). This may be addressed through services normally rendered by the consultant under this contract.

5. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.

6. Prepare appropriate forms associated with the applicable environmental document such as public hearing notices, notices of determination, negative declarations, notice of completion, etc.

7. Prepare requests for proposals for the preparation of technical studies to be utilized in the preparation of the environmental documents.

8. Provide biological and archaeological and other technical analysis staff or subconsultants for project site monitoring during construction activities in response to project specific mitigation measures.

9. Provide other consulting services as available through the selected firm(s).

DESIRABLE QUALIFICATIONS OF THE CONSULTANT:

The City is seeking a qualified consultant to provide on-call consulting services for the preparation of environmental documents, studies, related notices, and mitigation monitoring for compliance with the applicable environmental regulations and other consulting services. The desired consultant shall have the following qualifications:

1. Extensive experience in the preparation of environmental documents in compliance with CEQA and NEPA.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. Knowledge of the City of Porterville development and environmental review process is highly desirable.

4. The consultant must possess strong writing skills and be proficient using Microsoft Word and other standard software programs.

5. Be equipped with qualified biologists available for construction monitoring for project specific mitigation measures, and to provide site-specific project reviews for nondiscretionary projects as needed.

6. Provide archaeological services either in-house or through a subconsultant that is listed on the Southern San Joaquin Valley Information List of qualified consultants.

LOCAL AGENGY RESPONSIBILITIES:

The CONSULTANT will report to the CITY’s Contract Administrator who reports to the CITY’s Community Development Director. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.

The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.

CONSULTANT SELECTION RATING FORM
Project Name: Date: Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-10 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10 k. Familiarity with the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Evidence that consultant is an equal opportunity employer. 0-2 o. Proximity of firm’s office to project. 0-3 TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100

ON-CALL CONSULTANT

SERVICE AGREEMENT
DATE: _______________
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and __________, hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT.

Said project which will hereinafter be referred to as "project" is described as follows:

Project Name: On-Call Environmental Consulting Services Description of Project: Provide on-call consulting services with __________, and their approved sub-consultants. Work will be defined on a task order basis per project. Task Orders will include project specific scope, schedule, and fee. Details are summarized in the Scope of Services as Attachment "A" for On-Call-Consulting Services, as provided by CONSULTANT. Projects with Caltrans specifications must have the Caltrans Specific projects forms completed by CONSULTANT.

AGREEMENTS:

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

In consideration for said services and materials, CITY shall pay CONSULTANT on an hourly basis as defined in future task orders and detailed in Exhibit B (specifically, Professional Fee Schedule, effective _____). Direct costs such as travel, postage, printing, etc. will be specifically identified in the cost estimate independent of the hourly rates. In the event the contract is extended for any period of time, the cost for services must be agreed upon by both parties.

SECTION 2. PAYMENT:

Progress payment requests shall be itemized, identify the project budget, budget balance and shall reference the completion of tasks associated with the billable hours, and submitted by the 25th of each month. CONSULTANT should receive payment within 30 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all "work directives" shall be completed by in a timely manner. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies. This contract will be in effect for three (3) years from October 19, 2025. This contract can be extended after the expiration date, upon mutual agreement by both parties.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

As an independent contractor, the consultant will obtain and maintain an active City business license.

SECTION 6. INSURANCE REQUIREMENTS:

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and
(iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT.

SECTION 7. INDEMNIFICATION:

Indemnity for Professional Liability:

To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, including reimbursement of the reasonable cost to defend and hold harmless CITY and any of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including reimbursement of reasonable legal consultant’s fees and costs but only to the extent the CONSULTANT (and its Sub- Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the CONSULTANT (and its Sub-Consultants) and the CITY in the performance of professional services under this agreement as determined by a court of competent jurisdiction or as agreed upon by the parties in settlement.

Indemnity for Other than Professional Liability:

Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by CONSULTANT or by any individual or CITY for which CONSULTANT is legally liable, including, but not limited to officers, agents, employees, or subcontractors of CONSULTANT, except and to the extent such losses are caused by the sole negligence or willful misconduct of the CITY.

SECTION 8. WORKMANSHIP AND MATERIALS:

To the extent that the work required of CONSULTANT includes the preparation of design documents, CONSULTANT shall have a duty to prepare said design documents free from defects. To the extent that work required of CONSULTANT includes the provision of intellectual property to CITY, CONSULTANT warrants that it has ownership of said intellectual property being provided to CITY.

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of projects or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received form CONSULTANT written consent for such changes.

SECTION 9. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 10. PROHIBITON OF DISCRIMINATION:

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 11. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY'S "Conflict of Interest Code," adopted in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT agrees comply with any and all other conflict of interest laws and regulations, and/or policies adopted by the City.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 12. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 13. ENTIRE CONTRACT AND AMBIGUITIES:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. This Agreement supersedes and takes the place of all prior oral or written representations and agreements between the parties, and constitutes the entire understanding of the parties hereto. No oral statements or prior written material not specifically incorporated herein shall be of any force or effect. Each party and its legal counsel have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

SECTION 14. ATTORNEYS’ FEES:

Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

SECTION 15. DISPUTES: VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California. To the fullest extent permitted by law, each party hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

SECTION 16. WAIVERS:

Any waiver granted by either party must be in writing, and shall apply solely to the specific instance expressly stated. A waiver of any term or condition of this agreement shall not be construed as a waiver of any other terms and conditions of this Agreement, not shall any waiver constitute a continuing waiver.

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

CITY OF PORTERVILLE CONSULTANT
By: ______________________________ By: ______________________________ Date: ____________________________ Date: ____________________________ Scope of Services as Attachment "A"
(Scope of Services shall identify the project specifics as well as duration of the project or the duration of the contract. For example, lab services shall include page identifying charges for specific tests as well as hourly rates for personnel. The scope shall also include any potential/optional extensions of this contract).

ATTACHMENT: LOCAL AGENCY PROCEDURES MANUAL (LAPM) FORMS AND SAMPLES

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,

EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,

UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS.................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS ............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29