Porterville City Council
January 20, 2026

City Council Agenda January 20, 2026

CITY OF PORTERVILLE - CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 20, 2026, 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
Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1- Government Code Section 54956.95 – Liability Claim: Claimant: Larry Bennett. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Octavio Robinson. Agency claimed against: City of Porterville.

3- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cox v. City of Porterville, United States District Court, Eastern District, Case No. 1:24-cv-00878-KES-SAB.

4. - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Louis Cruz v. City of Porterville, et al., U.S. District Court, Eastern District, Case No. 1:25-CV-00293-JLT-EPG.

5 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Higgins v. City of Porterville, Tulare County Superior Court Case No. PCU328941.

City Council Agenda January 20, 2026

6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Southern California Gas Company v. Everlevel Holdings LLC, et al, Tulare County Superior Court Case No. PCU328998.
7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) Cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS
Employee of the Month - Sabrina Duran
Recreation Center Project Update

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

I. City Commission and Committee Meetings

1. Animal Control Commission - January 8, 2026

2. Library & Literacy Commission - January 13, 2026

3. Youth Commission - January 14, 2026
II. Staff Informational Reports

1. Termination of Reduced Microtransit Fare Program

2. Transit Ridership Report — Second Quarter FY 2025–26 (October–December 2025)

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

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item City Council Agenda January 20, 2026

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. Authorization to Purchase Street Name Signs
Re: Consideration to purchase street name signs and hardware from KRC Safety Co., Inc. in an amount not to exceed $6,364.

2. Authorization to Purchase Utility and Chipper Truck Bodies Re: Consideration to purchase two utility truck bodies from Douglass Truck Bodies in an amount not to exceed $120,002.01, and one chipper truck body from Scelzi Enterprises in an amount not to exceed $52,461.13.

3. Authorization to Purchase Arena Soccer Uniforms
Re: Consideration of the purchase of uniforms for the 2026 Arena Soccer program from Net World Sports at the price of $21.99 per player.

4. Authorization to Purchase Street Sweeper Blower Wheel Re: Consideration to purchase a replacement blower wheel for Street Sweeper No. 6685 from GCS Environmental Equipment in an amount not to exceed $8,233.

5. Authorization to Purchase Hydraulic Pump
Re: Consideration to purchase a hydraulic pump for Vehicle No. 6611 from Ray Gaskin Service in an amount not to exceed $11,656.21.

6. Approval of Option to Purchase, Purchase and Sale Agreement with Self-Help Enterprises for the Springville Avenue Property
Re: Consideration of an Option to Purchase and Purchase and Sale Agreement with SelfHelp Enterprises for the Springville Avenue property (APN: 260-300-034) and authorize the City Manager to execute the agreement and related documents.

7. Authorization to Repair City Well No.26
Re: Consideration to repair City Well No. 26, including the purchase and installation of a replacement VFD from Carver Pump Service, in an amount not to exceed $21,556.

8. Authorization to Repair Refuse Truck (Unit No. 6676) Re: Consideration to repair Refuse Roll-Off Truck No. 6676 by Viking Trailer in an amount not to exceed $6,863.54.

9. Authorization to Renew FirstTwo Software Subscription for the Police Department Re: Consideration to renew the FirstTwo software subscription for a two-year term in the amount of $15,000.

10. Authorization to Issue Request for Proposals for Solar Maintenance Services Re: Consideration to approve the draft Request for Proposals for Solar Maintenance Services, authorize staff to advertise the RFP, and direct staff to negotiate and return a contract for City Council consideration.

11. Acceptance of Project - Main Street Reconstruction, Phase 2A Re: Consideration of acceptance of the Main Street Reconstruction, Phase 2A project, generally located on Main Street between Garden Avenue and Putnam Avenue, by MAC General Engineering, as complete at the total project construction cost of $1,902,021.56.

City Council Agenda January 20, 2026

12. Acceptance of Project - Villa Street Reconstruction Re: Consideration of acceptance of the Villa Street Reconstruction Project, generally located on Villa Street between Olive Avenue and Henderson Avenue (excluding the Porter Slough Bridge crossing), by Dawson-Mauldin, LLC, as complete at the total project construction cost of $12,301,702.45.

13. Authorization to Apply for CDBG-DR Funding for Tule River Channel Restoration Re: Council to consider authorization to apply for Community Development Block Grant – Disaster Recovery funding for the Tule River Channel Restoration Project through submission of an application by the County of Tulare on behalf of the City.

14. Ratification of New Classification and Approval of Job Description for Police Department Training Coordinator
Re: Consideration to approve the establishment of a Police Department Training Coordinator classification at Range 192 ($4,449 – $5,430) and approve the corresponding job description.

15. Consideration of Appointment to the Parks & Leisure Services Commission Re: Considering the appointment of an individual to serve a four-year term on the Parks & Leisure Services Commission.

16. Status Report - Developer Impact Fees
Re: Accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2025.

17. Consideration of a Virtual State of the City Address Re: Consider the Mayor’s request to direct staff to place an item on the February 3, 2026, City Council meeting agenda to further consider a Virtual State of the City address.

18. 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

19. Consideration of Text Amendment to Series 200 of the Porterville Development Ordinance
Re: Hold the public hearing, and consider the first reading of an ordinance amending Series 200, Chapter 202 of the Porterville Development Ordinance to add laundromats and selfservice cleaning facilities as permitted uses in the D-MX zoning district and to allow reduced shopping center setbacks.

20. Consideration of Text Amendment to Series 600 of the Porterville Development Ordinance
City Council Agenda January 20, 2026

Re: Hold the public hearing, and consider the first reading of a draft ordinance approving a text amendment to Series 600 of the Development Ordinance to add Article 614 (By-Right Approval) as required by State law and Housing Element Program 3.

21. Amendment to the City Code - Changes to the Special Speed Zones and Traffic Control (Plano Street from State Route 190 to Worth Avenue)
Re: Consideration to approve the introduction of an Ordinance amending the posted speed limits on Plano Street from State Route 190 to Worth Avenue, authorize conversion of the Plano Street and College Avenue intersection to a multi-way stop, and direct staff to install required signage.

22. Adoption of the 6th Cycle Housing Element
Re: Hold a public hearing, and consider the adoption of a resolution approving the 6th Cycle Housing Element Update for the 2023–2031 planning period, and submit the adopted Housing Element to the California Department of Housing and Community Development for certification.

SCHEDULED MATTERS

23. Authorization to Continue Operations of the Porterville Armory Emergency Shelter Re: Council to consider the continuation of the Porterville Armory Emergency Shelter through February 2026 and direct staff to coordinate the closure of the Emergency Shelter with the Navigation Center.

24. Direction to Proceed with Selected City Charter Amendments Re: Council to consider and confirm the selected City Charter amendments and direct the Charter Review Committee to review ballot language and develop a proposed sequencing and timeline for City Council consideration.

25. Consideration of Updated City Council Order of Business Re: Consider and adopt a resolution rescinding Resolution 105-2025 and establishing a revised Order of Business for City Council meetings.

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

1. Tule River Improvement JPA - January 5, 2026

2. Local Initiatives Navigation Center Committee (LINC) - January 7, 2026

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - January 8, 2026

4. Mighty 190 Committee Meeting - January 12, 2026

5. Porterville Area Development Authority (PADA) - January 16, 2026 - Cancelled

ORAL COMMUNICATIONS

OTHER MATTERS
City Council Agenda January 20, 2026

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 February 3, 2026, 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 – JANUARY 20, 2026
SUBJECT: 1. Termination of Reduced Microtransit Fare Program SOURCE: Transportation
COMMENT: At the City Council meeting on July 15, 2025, the City Council authorized staff to implement a reduced Microtransit fare program for trips that originated or terminated at Porterville College. With the reinstatement of Fixed Route #4 service to Porterville College, the reduced Microtransit fare program is no longer necessary and was terminated effective December 31, 2025.

There is no fiscal impact associated with terminating the reduced Microtransit fare program. The fare subsidy was funded through Local Community Transit Operations Program (LCTOP) grant funds, which have been fully expended.

RECOMMENDATION: This report is informational.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: 2. Transit Ridership Report — Second Quarter FY 2025–26 (October–December 2025)
SOURCE: Transportation
COMMENT: This report provides an overview of transit ridership activity for the second quarter of Fiscal Year 2025–26, covering the months of October, November, and December 2025. Ridership performance is reported for the three primary transit service types: Fixed Route, paratransit (Dial-a-Colt), and microtransit (transPORT).

Fixed Route services experienced a decline in second-quarter ridership when compared to the same period in the prior fiscal year. The primary contributing factor to this decline was the reinstatement of transit fares in December 2025 following an extended fare-free period. Fare reinstatement typically results in an immediate reduction in ridership as customers adjust to the change.

Reduced school-related transportation demand in December historically contributed to second-quarter decreases and served as a secondary factor during this reporting period.

Paratransit (Dial-a-Colt) ridership increased year-over-year during the second quarter, reflecting continued demand for ADA-accessible transportation services. Microtransit (transPORT) ridership remained relatively stable, with a modest decrease observed compared to the same quarter in the prior fiscal year.

Staff will continue to monitor ridership trends and evaluate the ongoing impacts of fare reinstatement and seasonal travel patterns.

This report is provided for informational purposes only; no Council action is required.

Service Type Q2 FY 24/25 Q2 FY 25/26 % Change
Fixed Route 105,697 67,673 -36%
Dial-A-COLT 1,894 3,199 +69%
transPORT 5,690 5,129 -10%
RECOMMENDATION: This report is informational.

ATTACHMENTS: 1. Q2 FY 25-26 - Transit Ridership Report
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Porterville Transit
Q2 FY 25/26
Ridership Report
Month
Route 1
FY 24/25
Route 1
FY 25/26 %
Route 2
FY 24/25
Route 2
FY 25/26 %
Route 3
FY 24/25
Route 3
FY 25/26 %
Route 4
FY 24/25
Route 4
FY 25/26 %
Route 5
FY 24/25
Route 5
FY 25/26 %
Route 6
FY 24/25
Route 6
FY 25/26 %
Total
FY 24/25
Total
FY 25/26 %
July 4957 6910 39% 4753 5696 20% 5143 6700 30% 2185 446 -80% 4874 6320 30% 2200 0 24112 26072 8%August 6860 7676 12% 5959 6690 12% 7256 8738 20% 3693 613 -83% 6155 6235 1% 3562 0 33485 29952 -11%September 6979 7116 2% 6011 6318 5% 8225 9033 10% 4442 578 -87% 6167 5996 -3% 3345 0 35169 29041 -17% October 7631 7901 4% 6953 6427 -8% 8912 9350 5% 4985 600 -88% 7225 6598 -9% 4029 0 39735 30876 -22% November 6779 6077 -10% 6142 5170 -16% 7180 6873 -4% 3937 536 -86% 6827 5599 -18% 3356 0 34221 24255 -29% December 6245 2889 -54% 6263 3381 -46% 6482 3352 -48% 2939 282 -90% 6490 2638 -59% 3322 0 31741 12542 -60% January 6955 6491 7096 3347 6386 3496 0 33771 0February 6786 6074 6760 4070 6388 3459 0 33537 0 March 7312 7017 7962 3905 7451 3835 0 37482 0April 7489 6666 8564 4499 7474 4143 0 38835 0May 7945 6920 9094 4064 7496 4110 0 39629 0June 6592 6515 6696 2908 6660 3300 0 32671 0 Q1 18796 21702 15% 16723 18704 12% 20624 24471 19% 10320 1637 -84% 17196 18551 8% 9107 0 0% 92766 85065 -8% Q2 20655 16867 -18% 19358 14978 -23% 22574 19575 -13% 11861 1418 -88% 20542 14835 -28% 10707 0 0% 105697 67673 -36% Total 82530 38569 -53% 75764 33682 -56% 89370 44046 -51% 44974 3055 -93% 79593 33386 -58% 42157 0 0% 414388 152738 -63% Month FY 24/25 FY 25/26 % Month FY 24/25 FY 25/26 %
July 402 1082 169% July 2106 2021 -4%August 469 1182 152% August 2037 1825 -10%September 524 1255 140% September 1794 1613 -10% October 657 1319 101% October 1984 1803 -9%
November 618 1078 74% November 1853 1539 -17%December 619 802 30% December 1853 1787 -4%January 0 0 #DIV/0! January 0 0 #DIV/0!February 0 0 #DIV/0! February 0 0 #DIV/0! March 0 0 #DIV/0! March 0 0 #DIV/0!April 0 0 #DIV/0! April 0 0 #DIV/0!May 0 0 #DIV/0! May 0 0 #DIV/0!June 0 0 #DIV/0! June 0 0 #DIV/0! Q1 1395 3519 152% Q1 5937 5459 -8%
Q2 1894 3199 69% Q2 5690 5129 -10%
Total 3289 6718 104% Total 11627 10588 -9%

FIXED ROUTE
DIAL-A-COLT transPORT
Item No. 1.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Purchase Street Name Signs
SOURCE: Public Works
COMMENT: City staff is requesting authorization to purchase new street name signs to replace deteriorated signage identified during recent field evaluations. The Street Division maintains the City’s street name sign inventory to ensure clear roadway identification for residents, visitors, and emergency responders. Over time, exposure to weather and normal wear has reduced the legibility and retroreflectivity of some existing signs.

Recent assessments identified numerous locations where signage has faded, sustained damage, or no longer meets current Manual on Uniform Traffic Control Devices (MUTCD) retroreflectivity standards. These conditions may affect nighttime visibility, emergency response, and general navigation, particularly at intersections and along higher-traffic corridors.

To address these needs, staff obtained three competitive quotes for the purchase of street name signs and associated mounting hardware. The following quotes were received:

Vendor Quote
KRC Safety Co. $5,785.34
T&T Pavement Markings $6,036.72
Zumar Industries $9,826.77
KRC Safety Co., Inc. submitted the lowest responsive quote. The total project cost, including signs, hardware, taxes, and a 10% contingency, will not exceed $6,364. Funding for this purchase is available in the General Fund Street Signal, Sign, and Striping operating budget.

RECOMMENDATION: That the City Council authorize the purchase of street name signs and hardware from KRC Safety Co., Inc. in an amount not to exceed $6,364.

Item No. 1.

ATTACHMENTS: 1. KRC Safety Co. Quote

2. T&T Pavement Markings Quote

3. Zumar Industries Quote
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Date
1/6/2026
Estimate #
26-040
Name / Address

CITY OF PORTERVILLE
291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Ship To

CITY OF PORTERVILLE
291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Rep P.O. No.

DC
Project #
Total
Subtotal
Sales Tax (8.5%)
TRAFFIC CONTROL ~ SAFETY SUPPLIES ~ EQUIPMENT RENTAL ~ SIGN FABRICATION - Quote good for 30 days from quote date.
- 3% fee will be charged on all credit card transactions - Payment terms are NET 30 unless stated differently on quote. An additional 2% per month interest charge will be charged on all invoices not paid within 30 days. This rate is based on your past due balance at the end of each billing period. - Applicable sales tax will be added at time of delivery. - Unless otherwise noted contractor is responsible for all unloading and loading of materials.

Sales Quote
7821 W. Sunnyview Visalia, CA 93291
Ph# 559-732-0393 Fax# 559-732-2684
Visit us online @ www.krcsafety.com
License #507950 (A,C31)
DBE #000447
SBE #6897
MBE #9IS00114
DIR #1000004730
Description Qty Rate Total
Street Name Sign - 24x9 Custom, .080 Aluminum HIP, Double Sided, Printed 15 55.09 826.35T Street Name Sign - 30x9 Custom, .080 Aluminum HIP, Double Sided, Printed 16 83.13 1,330.08T Street Name Sign - 36x9 Custom, .080 Aluminum HIP, Double Sided, Printed 13 70.76 919.88T Street Name Sign - 42x9 Custom, 080 Aluminum HIP, Double Sided, Printed 14 101.21 1,416.94T Street Name Sign - 48x9, Custom, 080 Aluminum HIP, Double Sided, Printed 2 115.68 231.36T Street Name Sign - 5 1/2" Bracket / Flat Blade to 2 3/8" Round Post 30 9.50 285.00T Street Name Sign - Cross Piece FLAT 90 Degree w/ 5-1/2" Blade 30 10.75 322.50T $5,785.34
$5,332.11
$453.23
Quote
DATE: 12/2/2025
QUOTE #: 25-631
CUSTOMER:

City of Porterville
291 N. Main St.

Porterville, CA 93257
Signature Date
Total:
*PLEASE NOTE: PAYMENTS MADE BY CREDIT CARD ON FINAL INVOICE WILL BE Sales Tax: (9.25%) SUBJECT TO AN ADDITIONAL 3.5% SURCHARGE ON THE TOTAL COST TO COVER FEES.

Upon acceptance of this proposal, please sign and fax/email to our office. Order will not process until signature is received.

Proposal is not valid after 30 days without a signature.

WE HEREBY PROPOSE TO FURNISH THE FOLLOWING PRODUCT/EQUIPMENT:
3276 W. Sussex Way
Fresno, CA 93722
Phone: 559-275-2879
Fax: 559-229-2527
[email protected]
CA Small Business #2004666
EIN #81-4165560 - License #687921 - CA Small Bus #: 2004666 Qty Description Cost Total
20 57.00 1,140.00T 24x9, HIP with 1160 overlay
21 68.00 1,428.00T 30x9, HIP with 1160 overlay
15 80.00 1,200.00T 36x9, HIP with 1160 overlay
2 91.00 182.00T 42x9, HIP with 1160 overlay
2 102.00 204.00T 48x9, HIP with 1160 overlay
#809, round post cap for 2 3/8'' OD, 6'' blade, flat, bolt thru w/set screws
60 11.73 703.80T
60 11.13 667.80T #809, 90 degree cross, 6'' blade, flat, bolt thru w/set screws _____________________________________
$6,036.72
$511.12

ISSUE PO TO ESTIMATE
DATE ESTIMATED: 1/5/2026
ZUMAR ESTIMATE NUMBER: 81574
12015 Steele Street South
Tacoma, WA 98448

BILL TO SHIP TO

CITY OF PORTERVILLE
291 N MAIN ST 555 N. PROSPECT ST

CITY OF PORTERVILLE
[email protected] ATTN: JOE BAEZA
PORTERVILLE, CA 93257 UA PORTEVILLE, CA 93257 US
CUST. NO. TERMS
Net 30

ACCOUNT MANAGER
000582 Marina Robles N.C.

FOB ESTIMATED SHIP DATE
FOB Origin
FRT: $ 225.00 TAX: $ 812.97 ESTIMATE TOTAL: $ 9,826.77
UNIT
PRICE

QUANTITY

ESTIMATED UOM TOTAL PRICE

PART NUMBER
ITEM

DESCRIPTION
001 100-1740 60 9.08 EA 544.80 USD
SN92CAP
SN9 2" ROUND CAP
2-3/8" BLADE CAP FOR ROUND POST
002 100-1739 60 7.46 EA 447.60 USD
SN95821G
SN9 5/8" X 21" CARRIAGE BOLT GALV
003 100-1738 60 0.82 EA 49.20 USD
SN9WASHER58G
5/8" GALV FLAT WASHER FOR SN9
004 100-1737 60 0.70 EA 42.00 USD
SN9NUT58G
5/8" HEX NUT GALV FOR SN9
005 100-1631 180 5.94 EA 1,069.20 USD
SN9S
SIGN SADDLE (CROSSPIECE) (SN9)
006 130-4682 60 110.60 EA 6,636.00 USD

SNS - PER PORTERVILLE SPEC
D/F HT9 36X9 4090 1160IA
see attached
DP *MFB*
TOTAL FOR ESTIMATE : 8,788.80 USD
SHIPPING COST:

This is a quotation on the goods named above and is subject to the conditions noted below:

Quote is valid today through date of expiration shown above. Prices are for goods shown on the plan and/ or takeoff sheet provided at the time of quote request. Pricing is for furnish only and does not include installation or hardware unless otherwise specified. Production days begin upon receipt of approved layouts (if applicable). Customer is responsible for all applicable sales taxes and duty which are calculated at the time of invoicing. Quotation valid for 30 days unless otherwise specified. All Visa, MasterCard, American Express, and Discover cards will incur a 3% surcharge to final invoice amount.

Item No. 2.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Purchase Utility and Chipper Truck Bodies SOURCE: Transportation
COMMENT: As authorized by Minute Order 23-110425, staff obtained quotes and performed evaluations for three truck bodies to support operational needs across multiple departments. Two of the proposed truck bodies are utility bodies intended for use by the Water Department, and one is a chipper truck body intended for use by the Parks Department.

Staff evaluated each option based on compatibility with existing chassis, durability, functionality, delivery timeframe, and overall cost-effectiveness.

Competitive quotes were obtained from multiple vendors for each truck body type.

The evaluations and lowest responsive quotes are summarized as follows:

Water Department - Utility Bodies (Qty. 2)
Vendor Quote per Body
Douglass Truck Bodies $54,546.37
Scelzi Enterprises $71,095.91
Diamond Truck Body Manufacturing Non-responsive
Parks Department - Chipper Body (Qty. 1)
Vendor Quote per Body
Scelzi Enterprises $47,691.94
Douglass Truck Bodies $49,060.49
Diamond Truck Body Manufacturing Non-responsive
Staff recommends proceeding with the purchases from the lowest responsive vendors for each truck body type. The total cost, inclusive of sales tax, delivery, and a 10% contingency, will not exceed $120,002.01 for the two utility bodies and $52,461.13 for the chipper body. Funding for the two utility bodies is available in the Water Replacement Fund, and funding for the chipper body is available in the General Fund Equipment Replacement Fund.

Item No. 2.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of two (2) utility truck bodies from Douglass Truck Bodies in an amount not to exceed $120,002.01; and

2. Authorize the purchase of one (1) chipper truck body from Scelzi Enterprises in an amount not to exceed $52,461.13.

ATTACHMENTS: 1. Truck Body Evaluations
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 3.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Purchase Arena Soccer Uniforms SOURCE: Parks and Leisure Services
COMMENT: Arena Soccer is a yearly youth sport program that takes place at the Porterville Sports Complex from February to March. Registration to participate is offered to youth aged 5-13 and includes a jersey, shorts, socks, and a soccer ball. The youth enjoy the opportunity to continue playing soccer into the winter months after the fall soccer program has concluded.

For comparison, staff requested quotes from four businesses for the production of the 2026 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 logo, and a number on the back of each jersey. Of the four quotes requested, only 2 businesses were able to accommodate the needs of our league. Net World Sports' quote was $21.99 per player, while ProTime Sports came in at $26.15 per player.

Elite Sports did not respond, and League Outfitters was unable to accommodate the required production time frame. The league registration fee is $70 for each player. The expenditure for the uniforms is recovered from the registration fees.

RECOMMENDATION: That the City Council authorize the purchase of the 2026 Arena Soccer uniforms from Net World Sports at the price of $21.99 per player.

ATTACHMENTS: 1. ProTime Quote

2. Net World Quote
Appropriated/Funded:

Review By:

Item No. 3.

Department Director:

Donnie Moore, Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Estimate
Date
11/21/2025
Estimate #
17033
Name / Address
City of Porterville
***INVOICE CANNOT BE OVER 5K***
15 East Thurman Ave. Suite A
Porterville CA 93257

PROTIME SPORTS
18200 SEGALE PARK DRIVE B
SEATTLE, WA 98188
A 3% SERVICE CHARGE WILL BE ADDED TO ALL CREDIT CARD PURCHASES Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Rate Total
3029 YOUTH NASHVILLE YOUTH 250.00 16.15 4,037.50T
3201 SHORT ST LOUIS SHORT 250.00 4.00 1,000.00T
7101 ALL SPORT... ALL SPORT SOCK 250.00 2.00 500.00T
3030 ADULT NASHVILLE ADULT 40.00 17.15 686.00T
LOGOS LOGO, L/C, 2 COLOR 290.00 2.50 725.00T
NUMBERS (8”, 4”, 2”) STYLE OF NUMBER, LOCATION,
COLOR
250.00 1.50 375.00T
NAMES COACH, LOCATION, COLOR 40.00 1.25 50.00T
$7,373.50
$7,373.50
$0.00
Description Quantity Unit of
Measure
Unit Price Discount % Amount
FK45931 FORZA Knee-High Football Socks - Colour/Size
TBC
250 Piece 4.50 1,125.00
FK45363 FORZA Football Shorts - Womens - M - Black 250 Piece 5.50 1,375.00 FK47573 FORZA Striped Short Sleeve Football Shirt -
Womens - Colour/Size TBC
250 Piece 11.99 2,997.50
CU45001 FORZA Classic Short Sleeve Football Shirt -
Womens - Colour/Size TBC
40 Piece 11.99 479.60
SHIPPING Shipping Charges 1 Piece 450.00 450.00
Total USD 6,427.10
Details for Payment:

Bank Transfer:

Accounting Number: 738014966
The Routing/ ABA Number: 021001088
Swift Bic: MRMDUS33
Bank Address: P.O. Box 1393, Buffalo NY 14240-1393 (Bank transfer only, see below bank address to mail checks)
Card Payment:

Contact us by telephone on 1 866 861 9095 and request to pay by card.

Pay by Check
Please send to the below address:

Payable to ˜NET WORLD SPORTS LTD™
FAO Joe Harris
NET FX Inc,
751 Daily Drive
Suite 225
Camarillo, CA 93010

Bank Sort Code
Prices Including VAT
Quote No.

Shipment Date
Bill-to Customer No.

Account No.

Bank
VAT Registration No.

Website
Phone No.

ABA: 021001088
No
Q00106045
Salesperson Adam Davies
04/12/25
C03081369
738014966

HSBC US
www.networldsports.co.uk
01691 683807
USA Wrexham, LL13 9UT
Porterville, CA 93257 Wrexham Industrial Estate
Suite A Bryn Lane
15 E Thurman Avenue Net World Sports
City of Porterville

4. December 2025
E-Mail [email protected]
Document Date
Payment Terms Net 0 days
Payment Discount
Shipment Method
City of Porterville
15 E Thurman Avenue
Suite A
Porterville, CA 93257
USA
Bill-to Address Ship-to Address
Sales Quote
Item No. 4.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Purchase Street Sweeper Blower Wheel SOURCE: Transportation
COMMENT: Vehicle No. 6685, a 2013 Freightliner/Tymco Street Sweeper, has experienced failure of the blower wheel. The blower wheel is a proprietary component that can only be purchased through a Tymco parts distribution center. Tymco sweepers are highly specialized equipment, and the blower wheel is essential to generating the suction and airflow necessary for street sweeping operations.

Vehicle No. 6685 remains a core unit in the street sweeping fleet and is expected to have at least three years of service life remaining. Repairing the unit will restore operational capacity, maintain service levels, and avoid premature replacement of a costly capital asset.

Staff obtained an estimate from GCS Environmental Equipment, the nearest Tymco distribution center, in the amount of $7,484.51, including parts, tax, and freight. To accommodate unforeseen adjustments, staff recommends including a 10%, for a total not-to-exceed amount of $8,233.

Funding for this purchase is available in the Solid Waste Street Sweeping Operating Budget.

RECOMMENDATION: That the City Council authorize the purchase of a replacement blower wheel for Street Sweeper No. 6685 from GCS
Environmental Equipment in an amount not to exceed $8,233.

ATTACHMENTS: 1. GCS Environmental Equipment Quote
Appropriated/Funded:

Review By:

Department Director:

Item No. 4.

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Quotation
GCS Environmental Equipment Services Inc DATE: January 6, 2026 Quote # 3326
FOR: Street Sweeper #6685
121 East St.

Woodland, CA 95776 BILL TO: Refuse Department
Phone: (530) 402-1850 555 N. Prospect St.

Fax: (530) 402-1851 Porterville, CA 93257
Phone (559) 782-7586
AMOUNT
$ 5,168.90
$ 1,534.50
SUBTOTAL $ 6,703.40
TAX RATE 9.25%
SALES TAX 620.06
FREIGHT 161.05
TOTAL $ 7,484.51

DESCRIPTION
5012830 Wear liner 600
501513 Coated blower wheel
Do not pay from this quote, invoice will be sent by mail.

THANK YOU FOR YOUR BUSINESS!
Item No. 5.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Purchase Hydraulic Pump
SOURCE: Transportation
COMMENT: Vehicle No. 6611, a 2023 Peterbilt Residential Refuse Truck, has experienced failure of the hydraulic pump. This component is essential to the operation of the vehicle’s automated side-loading system, which is required for residential refuse collection services.

The hydraulic pump is a proprietary component that can only be purchased directly from the truck manufacturer. Vehicle No. 6611 remains in good overall condition and has an estimated six years of useful service life remaining.

Timely replacement is necessary to return the vehicle to service and maintain uninterrupted collection operations.

Ray Gaskin Service, the truck manufacturer, provided an estimate totaling $10,596.55, including sales tax. To accommodate unforeseen adjustments, staff recommends including a 10% contingency, resulting in a total not-toexceed authorization of $11,656.21. Procurement of the replacement hydraulic pump is consistent with the City’s purchasing policies for sole-source manufacturer components.

Funding for this purchase is available in the Refuse Equipment Maintenance Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of a hydraulic pump for Vehicle No. 6611 from Ray Gaskin Service in an amount not to exceed $11,656.21 (inclusive of parts, taxes, freight, and contingency); and

2. Authorize payment upon receipt of repair materials.

ATTACHMENTS: 1. Ray Gaskin Service Quote
Item No. 5.

Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 6.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Approval of Option to Purchase, Purchase and Sale Agreement with Self-Help Enterprises for the Springville Avenue Property
SOURCE: Community Development
COMMENT: On March 18, 2025, the City Council approved an Option Agreement with SelfHelp Enterprises (SHE) for the potential acquisition and development of Cityowned property located on Springville Avenue east of Jaye Street (APN: 260- 300-034). The property was identified for future affordable housing development consistent with Government Code Section 37364 and the City’s adopted housing goals. The site was previously declared exempt surplus property for purposes of affordable housing, consistent with the Surplus Land Act. As part of its original proposal, SHE envisioned a 133-unit affordable housing development on the site.

Self-Help Enterprises exercised its extension right, and on November 10, 2025, the Option Agreement was formally extended pursuant to its terms. During the extension period, SHE pursued competitive grant funding to support project financing; however, those funds were not awarded. The original Option Agreement allowed for only one extension, and no further extensions are available under the existing contract. As a result, a new Option to Purchase and Purchase and Sale Agreement is required in order for SHE to continue advancing the proposed affordable housing development.

Self-Help Enterprises now requests approval of a new Option to Purchase and Purchase and Sale Agreement to continue advancing the proposed affordable housing development. The new agreement establishes updated land purchase terms, environmental review conditions, financing requirements, and closing procedures necessary for Self-Help Enterprises to pursue State and Federal affordable housing funding.

Under the new Option Agreement, Self-Help Enterprises would be granted a 365-day exclusive option period, with the ability to request a single 365-day extension for a $1,000 fee. The financial terms include a Purchase Price of $860,500, to be carried by the City as a 55-year 0% interest note, and a cash payment of $503,664.93 for previously deferred Improvement Agreement costs at the close of escrow. A refundable $10,000 option payment will be Item No. 6.
deposited into escrow and credited toward closing costs.

The requirement for a 55-year 0% interest note is standard for affordable housing financed through State and Federal programs, including Low-Income Housing Tax Credits. These programs require a long-term soft loan from the local agency so that project revenues can support maintenance, operations, and long-term affordability. Without this structure, the project would not qualify for competitive funding and would not be financially feasible. The 55- year term aligns with State-required affordability covenants.

The Option Agreement includes HUD Responsible Entity environmental compliance requirements applicable to projects seeking federal funding and tax credit financing. Specifically, the agreement requires completion of environmental review pursuant to 24 CFR Part 58 and receipt of an Authority to Use Grant Funds (ATUGF) prior to closing. These requirements ensure that federal environmental review is completed prior to ground disturbance or expenditure of federal funds.

Approval of the Option Agreement does not appropriate funds, transfer title, or authorize construction. Any future development approvals, including CEQA compliance, project entitlements, building permits, and financing actions, will return to the City as required by law.

RECOMMENDATION: That the City Council:

1. Approve the Option to Purchase and Purchase and Sale Agreement with Self-Help Enterprises for the Springville Avenue property (APN: 260-300-034); and

2. Authorize the City Manager to execute the Option Agreement and related documents, including non-substantive modifications as approved by the City Attorney.

ATTACHMENTS: 1. Locator Map 260-300-034

2. DRAFT Exhibit A - Memorandum of Option to PurchasePurchase and Sale Agreement

3. DRAFT Option to Purchase-Purchase and Sale Agreement Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 6.

Exhibit A
Recording Requested By:

SELF-HELP ENTERPRISES
When recorded Return to:

SELF-HELP ENTERPRISES
8445 W. Elowin Ct.

Visalia, CA 93291

MEMORANDUM OF OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT This Memorandum of Option to Purchase-Purchase and Sale Agreement between the CITY OF PORTERVILLE (“OPTIONOR”) and SELF-HELP ENTERPRISES, a California nonprofit corporation (“OPTIONEE”), is executed concurrently with an Option to Purchase-Purchase and Sale Agreement dated ______________ (“OPTION”), between the undersigned parties with respect to the real property identified by the following Assessor’s Parcel Number: 260-300-034 located in the City of Porterville, California.

Optionor grants to Optionee the right, on the terms and conditions stated in the Option, to purchase the property identified above, provided the transaction is executed according to the terms of the Option and, in no event, later than Three Hundred Sixty-Five (365) days from the Option’s effective date of _____________.

OPTIONOR: OPTIONEE:

City of Porterville Self-Help Enterprises
_______________________ ________ __________________________ ________ Richard Tree, City Manager Date Thomas J. Collishaw, President Date _______________________ ________ __________________________ ________ Date Elizabeth M. Garcia, V.P./ Date
Asst. Secretary

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

This OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT (the “Option”), is made ______________ and effective as of the later signature date of the Optionor or the Optionee (“Option Date”), between the CITY OF PORTERVILLE, a municipal corporation organized and existing pursuant to the laws of the State of California (hereinafter the “OPTIONOR” or “CITY”) and SELF-HELP ENTERPRISES, INC. (SHE), a California Non-Profit Public Benefit Corporation (hereinafter the “OPTIONEE”).

RECITALS
This Option is made with reference to the following facts, understandings, and intentions of the Parties:

WHEREAS, CITY owns all of the legal and beneficial interests in the real property and existing buildings and structures located on west Springville Avenue East of Jaye Street described as APN: 260-300-034, Porterville, Tulare County, California (collectively hereinafter the "Property"); and
WHEREAS, CITY has determined that it is no longer in the best interests of CITY to maintain ownership of the Property but instead to sell the Property for the development of affordable housing that meets the requirements of Government Code Section 37364; and WHEREAS, CITY has determined the Property to be an exempt surplus City site; and WHEREAS, CITY includes among its adopted policies the enhancement and promotion of low- and moderate- income housing together with commercial development within the CITY; and
WHEREAS, OPTIONEE has submitted an SB330 that City determined was acceptable; and
WHEREAS, CITY and OPTIONEE, by this Option wish to state the terms and conditions for OPTIONEE's option to acquire the property, and if such option is exercised, for the terms and conditions of the purchase and sale of the Property.

AGREEMENT
NOW, THEREFORE, in consideration of the above-referenced facts, the mutual covenants of the Parties contained in this Option and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Option to Purchase. OPTIONOR hereby grants to OPTIONEE the exclusive option to purchase the Property on the terms and conditions in this Option. OPTIONEE may

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

exercise this Option only as to the entire Property and may not exercise as to only a portion of the Property.

2. Term of Option. The term of this Option shall commence on the execution date and, if not previously exercised as provided below, shall expire and terminate within Three Hundred Sixty-Five (365) days.
a. Extension of Option. If the OPTIONEE is not in default of the Option, the Option Agreement may be extended by the OPTIONEE for Three Hundred Sixty-Five (365) days. The request to extend must be in writing, accompanied by a One Thousand Dollar ($1,000) extension fee, and initiated not less than forty-five days (45) days before the initial Option term expires.

3. Consideration for Option. The OPTIONEE, in consideration for the grant of this Option, agrees to deposit Ten Thousand Dollars ($10,000) into escrow at the time of execution of this Option (“Option Payment”). Said Ten Thousand Dollars ($10,000) is to be released to the OPTIONOR at the expiration of the Feasibility Period, unless the OPTIONEE has delivered to escrow written instructions to cancel this Option before the expiration of the Feasibility Period. The total consideration for option will be credited against the purchase price and/or settlement costs upon close of escrow. If escrow does not close, any Option consideration paid will be nonrefundable, following the completion of the Feasibility Period.

4. Feasibility Period. The OPTIONEE has Three Hundred Sixty-Five (365) days beginning the day the Option is executed to investigate the legal, financing, and physical status of subject property. OPTIONEE may cancel the Option at its sole discretion within this Three Hundred Sixty-Five (365) day period by sending written notice thereof to OPTIONOR, and the initial Ten Thousand Dollar ($10,000) option fee will be refunded to the OPTIONEE.

5. Processing of any Conditional Use Permit, Architectural Review, Site Plan Review, and other Governmental Entitlements. OPTIONEE agrees to pay all costs to be incurred for the preparation of all required Government Entitlements. OPTIONOR agrees to cooperate with OPTIONEE in securing these items. The requests for these items will be in the OPTIONORS name and OPTIONEE will send OPTIONOR a copy of all such items prior to its submission thereof.

6. Notice of Exercise of Option. OPTIONEE, if not in default under this Option, may exercise this option by delivering to the OPTIONOR, prior to the expiration of the option, a written notice stating that the option is exercised. OPTIONEE’S signing of escrow instructions would satisfy this requirement. The exercise of this Option escrow is subject to

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

the Responsible Entity’s (as defined by the United States Housing and Urban Development Department (“HUD”)) determination to proceed with, modify, or cancel OPTIONEE’s identified project based on the results of any required environmental review and the receipt of an “Authority to Use Grant Funds” from HUD, for the proposed development of the subject property. If OPTIONEE is unable to obtain said approvals, OPTIONEE may decline to exercise this Option. If OPTIONEE declines or fails to exercise prior to the expiration of the Option Term, then the remainder of the Option shall be of no force and effect, and OPTIONEE shall not be obligated to buy the Property, and OPTIONOR shall not be obligated to sell the Property.

7. Amount and Terms of Payment.
a. Purchase Price. OPTIONEE shall pay Eight Hundred Sixty Thousand Five Hundred Dollars ($860,500) for the Property, (the "Purchase Price"). The Purchase Price shall be paid as a note carried by the city for 55 years with 0% interest. The Purchase Price shall be due at the close of escrow ("Closing") which shall occur when all the conditions and requirements for Closing stated in this Option have been met.
b. Improvement Agreement. OPTIONEE shall pay Five Hundred Six Thousand Six Hundred Sixty-Four Dollars and Ninety-Three Cents ($503,664.93) for the deferred Improvement Agreement Cost. The Improvement Agreement Cost shall be paid in cash at the close of escrow ("Closing") which shall occur when all the conditions and requirements for Closing stated in this Option have been met.
c. Deposit. Upon exercise of the Option, the Option Payment shall be treated as a Deposit. The Deposit shall apply toward the Purchase Price but shall be forfeited by the OPTIONEE if the OPTIONEE fails to close escrow for any reason other than default by the OPTIONOR.

8. Right of Entry. OPTIONEE, or its agents shall have the right to enter the Property for any purpose reasonably related to conducting its due diligence, such as preparing Environmental Studies and a Geotechnical Engineering Study, at OPTIONEE’S sole cost and expense. OPTIONEE shall indemnify, defend, and hold harmless OPTIONOR, and its elected officials, officers, employees, volunteers, and agents from all causes of action, claims, liabilities, obligations, judgments, losses, costs, harm, injuries, and expenses (including payment of OPTIONOR’s reasonable attorneys’ fees) resulting from such entry onto the Property.

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

9. Representations and Warranties of OPTIONOR. OPTIONOR represents and warrants to OPTIONEE that the following matters are true and correct as of the execution of this Option, and acknowledges that any misrepresentation of these matters will jeopardize the non-refundable nature of any option fees paid:
a. To OPTIONOR’S actual knowledge, there are (I) no condemnation, environmental, zoning or other land-use regulation proceedings, either instituted or planned to be instituted, which would detrimentally affect the value or use of the property, nor (II) any assessments affecting the Property other than as set forth in the preliminary title report issued by Old Republic Title Company. In addition, OPTIONER has no knowledge of existing or abandoned underground storage tanks, other underground systems, or environmental contamination on subject site.

10. Completion of Sale. The sale and purchase shall be consummated through an escrow which shall be opened immediately following the full execution of this Option by the parties hereto at Old Republic Title Company, Escrow Officer Julie Massey, located at 555 12th St., Ste. 2000, Oakland, CA 94607.
a. Closing Date. The Close of Escrow shall occur after the OPTIONEE has reviewed and approved the Property during the feasibility period and after all necessary approvals for the project have been completed to the OPTIONEE’S satisfaction, but no later than Three Hundred Sixty-Five (365) days from the effective date of this Option (“Closing Date”), unless otherwise agreed upon in writing.
b. Closing of Escrow. The delivery and recordation of the grant deed on behalf of the OPTIONOR for the benefit of the OPTIONEE, and the payment on behalf of the OPTIONEE to the OPTIONOR of the full purchase price, shall be conditions concurrent when escrow is closed (the “Close of Escrow”).

11. Costs of Escrow. OPTIONOR shall pay one-half (1/2) of the escrow and recording fees, all documentary transfer taxes, the cost of a standard CLTA owner's policy of title insurance, and all of the cost of any endorsements necessary to remove any exceptions to title not approved by OPTIONEE. OPTIONEE shall pay one-half (1/2) of the escrow and recording fees, all of any additional premium for an ALTA owner's policy, any other endorsements requested by OPTIONEE, and any survey if OPTIONEE elects such. Each party shall pay its own attorney’s fees related to the close of escrow.

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

12. Broker’s Commission. OPTIONOR was not assisted by a broker with respect to this transaction. As such, OPTIONEE shall be responsible for any Brokerage Fee if applicable. Any commissions with regard to this transaction are due and payable at Close of Escrow. In the event any broker or person/entity/finder alleges or perfects a claim for a fee, the party legally responsible for the contact or communication on which the broker or finder perfects such a claim shall indemnify, defend, save, and hold harmless and defend the other party from such claim and/or costs and expenses (including reasonable attorney’s fees) incurred by the other party in defending against the same.

13. Time Limits. Time is of the essence. If the escrow provided herein is not closed within the time set forth in this Option, this Option shall automatically terminate without further obligation on either party unless both parties hereto consent in writing prior to termination to an extension of this option for a definite period of time.

14. Conditions of Escrow. The close of the escrow pursuant to the exercise of this option is conditioned on:
a. The conveyance of title to OPTIONEE of said Property, as evidenced by a standard form CLTA title Insurance Policy in the full amount of the purchase price issued by the title company, subject only to such liens (other than liens for taxes due and payable on or before the date of sale), encumbrances, clouds, or conditions as are approved in writing by OPTIONEE. b. Delivery of possession of the Property to OPTIONEE immediately upon Close of Escrow free and clear of all uses and occupancies except as OPTIONEE may waive in writing.
c. Should OPTIONEE cancel said escrow after Option is exercised, any consideration, including the Option Payment, shall be retained by OPTIONOR.
d. The closing of this escrow is subject to the Responsible Entity’s (as defined by HUD) determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review and the receipt of an “Authority to Use Grant Funds” from HUD, for the proposed development of the subject property. If OPTIONEE is unable to obtain said approvals,

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

OPTIONEE may cancel said escrow and any option consideration shall be retained by OPTIONEE.

15. Possession. Delivery of possession of the Property to OPTIONEE shall occur simultaneously with recordation of the grant deed.

16. Condemnation. Either party may terminate this Option without further obligation by giving written notice to the other, at any time prior to close of escrow, in the event that any action or proceeding is commenced for condemnation, or the exercise of the right of eminent domain, of the Property or any substantial portion thereof, or if OPTIONOR is advised by any governmental agency or any entity having the right of condemnation or an intention to condemn the subject property or any substantial portion thereof.

17. Moratorium. Either party may terminate this Option without further obligation by giving written notice to the other, at any time prior to the close of escrow, in the event that an interim zoning or moratorium ordinance, as authorized by the California Government Code Section 65858, or otherwise, is adopted by Utility Companies, City of Porterville, or other governmental entity having jurisdiction, which temporarily prohibits and limits the use and development of the Property, or any substantial portion thereof, for housing.

18. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered when personally served or when deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed to the party being served as follows:
a. To OPTIONOR:

City of Porterville
291 North Main Street
Porterville, CA 93257
Attn: Richard Tree, City Manager
b. To OPTIONEE:

Self-Help Enterprises
P.O. Box 6520/8445 W. Elowin Court
Visalia, CA 93290
Attn: Betsy McGovern-Garcia, Vice President

19. Option Assignability. This Option may be assigned by the OPTIONEE with the OPTIONOR’S written consent, which consent shall not be unreasonably withheld.

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

OPTIONER’S consent shall not be required if OPTIONEE assigns its rights under this Option to a limited partnership in which OPTIONEE or any affiliate thereof is the general partner.

20. Termination by OPTIONEE. OPTIONEE may terminate this Option at any time by notifying OPTIONOR in writing.

21. Successors and Assigns. This Option shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

22. Non-waiver. The waiver by one party hereto of the performance of any promise or condition shall not invalidate this Option or constitute a waiver by such party of any other promise or condition.

23. Entire Agreement. This Option contains the entire understanding between the parties relating to the option herein granted and any Option or representation respecting this Option, or the responsibilities of either party in relation thereto, not expressly set forth herein, shall be ineffective.

24. Amendments. Any Amendments of or supplements to this Option shall be in writing, signed on behalf of both parties hereto.

25. Quitclaim. If OPTIONEE fails to exercise this option in accordance with the terms of this Option or if this Option is earlier terminated in accordance with the terms of this Option, OPTIONEE shall properly execute, acknowledge, and deliver to OPTIONOR within ten (10) days of the request thereof a quitclaim deed or any other document required by the OPTIONOR or a title insurance company to verify the termination of this Option.

26. Memorandum of Option. A memorandum of option evidencing this Option may be recorded in the official records of the County of Tulare. See Exhibit “A”

27. Attorney’s Fees. In the event of any litigation or arbitration between the parties hereto arising out of this Option or the performance thereof, the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to any other relief to which that party may be entitled.

28. Extension of Time Limit. Any extension of time limit specified here, to be effective, must be in writing, signed by all parties, and must stipulate a definite period.

OPTION TO PURCHASE-PURCHASE AND SALE AGREEMENT
Optionor Initials (______) (______) Optionee Initials (______) (______)

29. Tax-Free Exchange. OPTIONEE agrees to participate in one or more tax-free exchanges at OPTIONOR’s request without cost or liability to OPTIONEE.

IN WITNESS WHEREOF, this Option has been executed by the parties hereto as of the date first above written.

OPTIONOR: OPTIONEE:

City of Porterville Self-Help Enterprises
_______________________ ________ ______________________ ________ Richard Tree, City Manager Date Thomas J. Collishaw, President Date

_______________________ ________ ______________________ ________ Date Elizabeth M. Garcia, V.P./ Date
Asst. Secretary
Item No. 7.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Repair City Well No.26
SOURCE: Public Works
COMMENT: City Well No. 26, located on the southwest corner of Indiana Street and West Vandalia Avenue, recently experienced a failure of its variable frequency drive (VFD), resulting in the well being taken offline. The VFD is essential for regulating pump motor speed and maintaining consistent system pressure.

Without a functioning VFD, the well cannot operate, reducing available water production capacity and limiting system redundancy.

Maintaining multiple operational wells is critical for meeting daily water demand, providing backup during well outages, and ensuring adequate system pressure for residential, commercial, and fire protection needs. Prompt repair of Well No. 26 will restore production capacity, improve system reliability, and support operational readiness.

To expedite the repair, staff obtained three competitive quotes for the purchase and installation of a replacement VFD. The following quotes were received:

Vendor Quote
Carver Pump Service $19,595.66
Mario Sagredo Electrical $21,467.97
Telstar Instruments $24,266.00
Carver Pump Service submitted the lowest responsive quote and confirmed availability of the required VFD components. The total project cost, including equipment, installation, taxes, and a 10% contingency, will not exceed $21,556.

Funding for this repair is available within the Water Operating Fund.

RECOMMENDATION: That the City Council authorize the repair of City Well No. 26, including the purchase and installation of a replacement VFD Item No. 7.
from Carver Pump Service, in an amount not to exceed $21,556.

ATTACHMENTS: 1. Carver Pump Quote

2. Mario Sagredo Quote

3. Telstar Instuments Quote

4. CITY WELL 26 (1)
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY WELL #26

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 CITY WELL 26
HIGHWAY 190 S INDIANA ST

W POPLAR AVE

W VANDALIA AVE
Item No. 8.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Repair Refuse Truck (Unit No. 6676) SOURCE: Transportation
COMMENT: Refuse Roll-Off Truck No. 6676 has experienced a failure of the tarp arms, which are required to properly secure loads during transport. The malfunction prevents the tarp system from operating as intended and places the vehicle out of compliance with safety requirements.

Truck No. 6676 is an essential piece of equipment used for roll-off container operations. The tarp arms have sustained wear and damage consistent with normal use, resulting in the inability to fully deploy and retract the tarp.

Repairs are necessary to return the vehicle to safe and reliable service and to avoid extended downtime.

Staff recommends utilizing Viking Trailer to perform the repairs, as they are the only local vendor capable of completing the full tarp arm repair. Using a local vendor will minimize downtime and ensure the work is completed efficiently.

Viking Trailer provided an estimate in the amount of $6,239.58 for the necessary repairs, including labor, parts, freight, and tax. To account for unforeseen adjustments, staff recommends including a 10% contingency of $623.96, resulting in a total not-to-exceed amount of $6,863.54.

Repair costs will be paid from the Solid Waste Equipment Maintenance operating budget. Sufficient funds are available in the current fiscal year budget.

RECOMMENDATION: That the City Council authorize the repair of Refuse Roll-Off Truck No. 6676 by Viking Trailer in an amount not to exceed $6,863.54.

ATTACHMENTS: 1. Viking Trailer Quote
Item No. 8.

Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Quotation
DATE: December 23, 2025
Quote # 104-2025
FOR: Refuse Truck #6676
15243 Rd. 192
Porterville, CA 93257 BILL TO: Refuse Department
Phone: 559 719-2032 555 N. Prospect St.

Toll Free: 800 936-4567 Porterville, CA 93257
Phone (559) 782-7586
AMOUNT
$ 5,304.00
$ 769.41
SUBTOTAL $ 6,073.41
TAX RATE 9.25%
SALES TAX 71.17
Freight 95.00
TOTAL $ 6,239.58

DESCRIPTION
Labor to repair tarp arms, extensions, spring tube
HR4624 - Shaft collar
HR4788KIT - Pawl
A3881KIT - Arm pivot
212112188 - Tube
Do not pay from this quote, invoice will be sent by mail.

THANK YOU FOR YOUR BUSINESS!
Item No. 9.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Renew FirstTwo Software Subscription for the Police Department
SOURCE: Police
COMMENT: The Porterville Police Department utilizes FirstTwo, a cloud-based situational awareness software platform that provides officers with real-time access to publicly sourced information, utility and parcel data, maps, and other locationbased intelligence. FirstTwo supports officer safety, investigative efficiency, and tactical decision-making by aggregating data into an accessible interface that can be used in the field on mobile devices.

The current FirstTwo subscription term expired on January 1, 2026. In order to avoid service interruption, the Police Department requests authorization to renew the FirstTwo Full Agency License for a two-year term beginning January 1, 2026 and ending January 1, 2028. The renewal includes unlimited users, searches, and devices, as well as support, training, and third-party integrations.

The cost for the two-year term is $15,000. The quoted pricing is based on agency size and includes unlimited agency layers within the platform. The subscription renewal will be funded from the Police Department’s General Fund operating budget. No additional appropriation is required.

RECOMMENDATION: That the City Council:

1. Authorize the Police Department to renew the FirstTwo Full Agency License for a two-year term beginning January 1, 2026; and

2. Authorize payment to FirstTwo, Inc. in the amount of $15,000.

ATTACHMENTS: 1. FirstTwo Quote
Appropriated/Funded:

Item No. 9.

Review By:

Department Director:

Bobby Rader, Interim Chief of Police
Final Approver: Richard Tree, City Manager
Invoice
Invoice # 3243 1/1/2026
Bill To
Porterville PD
350 N D St
Porterville, CA 93257
FirstTwo, Inc.

Term
2 Years
P.O. No. Payment Terms
Net 30
Account #
700
Start Date
1/1/2026
Total
Unless stated otherwise in the Order, the use of FirstTwo is subject to the additional FirstTwo Customer Licensing Terms found here:
https://www.firsttwo.com/customerterms
Terms
1 Blackfield Drive #242
Tiburon, CA 94920
www.firsttwo.com
[email protected]
888-934-7782
Please include your customer name and/or number when remitting payment. Checks sent through regular mail please send payment to:

FirstTwo, Inc.
12709 Collection Center Drive
Chicago, IL 60693
Contact FirstTwo to arrange payment via ACH, Credit Card or Wire Transfer at (888) 934-7782 or [email protected].

Payment Remittance Instructions
Quantity Description Unit Price Amount
FirstTwo Full Agency License - Law Enforcement
Based on Agency Size: 61 - 80
Unlimited Users, Searches and Devices
Support and Training Included
Unlimited Agency Layers Included
3rd Party Integrations (where applicable)
Discounted from $18,000 to $15,000 for this term.

See pricing @ https://www.firsttwo.com/pricing.html
Term Jan 1, 2026 - Jan 1, 2028
1 15,000.00 15,000.00
$15,000.00
Item No. 10.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Issue Request for Proposals for Solar Maintenance Services SOURCE: Transportation
COMMENT: On August 20, 2024, the City Council authorized staff to release a Request for Proposals (RFP) for Solar Maintenance Services. One proposal was received in response; however, the proposer did not respond to attempts by the City to negotiate a contract. As a result, no award was made.

To ensure competitive responses and obtain qualified maintenance services for the City’s solar infrastructure, staff have prepared an updated RFP for release. Solar maintenance services include monitoring, inspections, panel cleaning, reporting, and repair coordination for City-owned solar arrays located throughout the community.

This project is eligible for federal financial participation. The Federal Transit Administration (FTA) provides federal financial assistance for up to eighty percent (80%) of the cost, with the City providing the remaining local match using Local Transportation Funds (LTF). Funding for this project has been appropriated in the Fiscal Year 2025–2026 budget, and no additional budget appropriation is required at this time.

If approved, the RFP will be released on January 27, 2026, with proposals due February 26, 2026. Staff anticipates returning to the City Council on March 17, 2026, with a recommended contract award. If awarded, services are anticipated to begin on or around April 1, 2026.

RECOMMENDATION: That the City Council:

1. Approve the draft Request for Proposals for Solar
Maintenance Services;

2. Authorize staff to advertise the RFP and solicit proposals; and

3. Direct staff to negotiate with the most responsive and responsible proposer and return a contract for City Council consideration.

Item No. 10.

ATTACHMENTS: 1. Draft RFP – Solar Maintenance Services
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY OF PORTERVILLE
REQUEST FOR PROPOSAL RFP No. 25/26-SRXXX

SOLAR OPERATIONS & MAINTENANCE SERVICES
January 27, 2026
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.

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

City of Porterville
Solar Maintenance Services

CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 25/26-SRXXX

SOLAR OPERATIONS & MAINTENANCE SERVICES
PROPOSALS will be received by the Transportation Department, submitted through the Public Purchase website, until 2:00 P.M. on Thursday, February 26, 2026, for the Contract to provide a turnkey operations and maintenance solar support services. Proposals must be submitted through the Public Purchase website.

A mandatory site visit is NOT REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Russell Isom at (559) 782- 7514 or [email protected].

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

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

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

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

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

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

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

Publication Dates:

January 27, 2026

City of Porterville
Solar Maintenance Services
Table of Contents
Section I - Instructions................................................................................................................................4 Section II – Standard Terms and Conditions.........................................................................................14 Section III – Special Terms and Conditions...........................................................................................25 Section IV – Insurance and Indemnification..........................................................................................34 Section V - SCOPE OF WORK...............................................................................................................38 Section VI – Federal Transit Administration (FTA) Terms and Conditions......................................40 Exhibit A – Required Forms....................................................................................................................65 Exhibit B – Sample General Services Agreement..................................................................................72

City of Porterville
Solar Maintenance Services
Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public January 27, 2026
Required Site Tour N/A
Deadline to submit questions February 20, 2026
Proposal submittal deadline @ 2:00 pm PST February 26, 2026 Short list established and vendors notified March 1, 2026 Interviews/Presentation with short-listed vendors (if required) N/A Award of Contract @ City Council Meeting March 17, 2026 Contract Begins April 1, 2026
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website.

Proposals must be submitted through the Public Purchase website.

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

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

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

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

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

The County of Tulare contracts with the City of Porterville to provide transit service to unincorporated areas surrounding Porterville. The County reimburses the City for service provided to County residents using Local Transportation Funds (LTF).

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

Preparation of Offer

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

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

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

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

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

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

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

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

Communications to City
All questions pertaining to this RFP, or any matters relating thereto the Scope of Work, or any questions pertaining to the RFP or RFP documents, shall be in writing and shall be submitted only through the Public Purchase website. Communications sent to any other person at the City or at any other address may, in the City’s sole discretion, be deemed to be "non-responsive" and the

City of Porterville
Solar Maintenance Services
City in its discretion may elect to disregard any such questions. The City shall not respond to oral inquiries, and oral statements of any nature by the City or any of its representatives may not be relied upon for any purpose whatsoever.

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

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

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

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

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

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

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

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

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

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

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

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

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

This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT

City of Porterville
Solar Maintenance Services
VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Proposer, regardless of whether the City responds to the contact. Proposers that violate this policy will be disqualified until the resulting contract(s) are awarded, or all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

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

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

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

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

City of Porterville
Solar Maintenance Services
Public Record
All Proposals submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to California State law. If a Proposer believes that a specific section of its Proposal response is confidential, the Proposer will isolate the pages marked confidential in a specific and clearly labeled section of its Proposal response. A Proposer may request specific information contained within its Proposal is treated by the Procurement Officer as confidential provided the Proposer clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Proposers as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Proposer in writing of any request to view any portion of its Proposal marked “confidential.” The Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure.

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

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

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

Pre-Bid Meeting
A mandatory site visit is NOT REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Russell Isom at (559) 782-7514 or [email protected].

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

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

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

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

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

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

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

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

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

Detailed Evaluation of Proposals and Determination of Competitive Range During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Proposer’s rankings and which Proposals are within the Competitive Range, when appropriate.

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

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

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

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

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

City of Porterville
Solar Maintenance Services
or otherwise unacceptable. Proposers will not be told of their relative rankings before Contract award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Introduction
The City of Porterville is soliciting proposals from qualified firms to provide a turnkey operations and maintenance solar support services for its two solar facilities.

Background
The City of Porterville has two facilities with solar systems. One system is at the Porterville Transit Center, located at 61 W. Oak Ave, Porterville, CA 93257. The second and third systems are at the City Corporation Yard, located at 555 N. Prospect St., Porterville, CA 93257. The City has lost its ability to monitor the systems and does not know if the systems are function correctly.

Purpose of RFP

1. Evaluate the existing solar facilities;

2. Develop a list and cost of equipment in need of repairs; and

3. Turnkey Operations and Maintenance Solar Support Services, including but not limited to:
a. PV Panel Cleaning
b. 24 x 7 remote monitoring
c. Performance monitoring & reporting
d. Troubleshooting, repair & call out services
e. Vendor and Warranty management
f. Annual maintenance planning & scheduling
g. Firmware upgrades
h. De-commissioning & replacement
Contract Length
The City is open to five year contract lengths, and requests the associated financial proposals for those lengths.

Proposal Format
Proposals should be clear, concise, and provide detailed information concerning the Proposer’s ability to successfully perform the obligations as described in the Scope of Work. All Proposals shall include the following documentation in the proposal package:

City of Porterville
Solar Maintenance Services

1. Cover Letter
a. Cover letter shall introduce the Proposer and establish interest in providing the scope of work that meet the requirements of the City.
b. An individual duly authorized to commit resources on behalf of the Proposer must sign the letter.

2. Experience Statement
a. Indicate how many years of experience Proposer has in performing work of a similar nature to that solicited in this RFP.

3. Project Staffing and Project Organization
a. Provide education, experience, and applicable professional credentials of project staff.

4. Work Plan
a. Proposer shall provide a detailed narrative addressing the Scope of Services requirements and demonstrating Proposer’s understanding of the City’s needs and requirements.
b. Throughout the narrative, Proposer will include references for each section of the Scope of Services that refers to the City’s requirements.

5. Provide a list of at least three (3) references, current or past customers; including company name, address, contact name, phone number, current email address.

6. Provide a contract price proposal.

7. Complete and submit all required forms.

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

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

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES.
[These requirements do not apply to micro-purchases ($15,000 or less, except for construction contracts over $2,000).]
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

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

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

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

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

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

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

AGENCY,

3. PROGRAM FRAUD & FALSE/FRAUDULENT STATEMENTS OR RELATED ACTS. [These requirements do not apply to micro-purchases ($15,000 or less, except for construction contracts over $2,000).]
A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
A. Nondiscrimination in Federal Public Transportation Programs.

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

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

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

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

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

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

C. Equal Employment Opportunity.

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

7. INCORPORATION OF FTA TERMS
[These requirements do not apply to micro-purchases ($15,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. 2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

City of Porterville
Solar Maintenance Services

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

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

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

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

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

A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon

City of Porterville
Solar Maintenance Services
acceptance of the bid, execute such contractual documents as may be required within the time specified.

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

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

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

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

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

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

Secretary of Transportation has determined or determines in the future that the

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federallyfunded equipment, vehicles, or facilities. Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.

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

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

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

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

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

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

25. CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING [These requirements do not apply to micro-purchases ($15,000 or less, except for construction contracts over $2,000).]
A. Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise (note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).

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

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

26. SUBSTANCE ABUSE (DRUG & ALCOHOL TESTING)
[These requirements apply to contracts with contractors who perform safety-sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.”] A. Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary

City of Porterville
Solar Maintenance Services
to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or the City of Porterville, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

28. PROHIBITED TELECOMMUNICATIONS & SURVEILLANCE SERVICES &

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

2. National Environmental Policy Act.

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. General Requirements

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

City of Porterville
Solar Maintenance Services
Exhibit A – Required Forms
Form A

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

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

City of Porterville
Solar Maintenance Services
Form B

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Form C

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Form E

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

The Proposer certifies that:

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Form F

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

The Proposer certifies that:

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

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services
Exhibit B – Sample General Services Agreement

CITY OF PORTERVILLE

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

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

D. This Agreement is being executed pursuant to Resolution No. ______-2026 approved by the Porterville City Council on January 20, 2026.

Now therefore, the Parties mutually agree as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

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

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

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

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

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

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

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

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

13. Miscellaneous

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Porterville
Solar Maintenance Services

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

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

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

A. RFP No.XXX XXXXXXXXXXX
B. Contractor Proposal
C. Compensation
Item No. 11.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Acceptance of Project - Main Street Reconstruction, Phase 2A SOURCE: Engineering and Project Management
COMMENT: The Main Street Reconstruction Project, Phase 2A included the removal and replacement of existing asphalt, the installation of a new barrier curb and gutter, detectable warnings, conduit for fiber optic line, installation of new trees, and rehabilitation of the existing streetlights and posts.

The project was completed by MAC General Engineering, Inc. in accordance with the approved plans and specifications. All required inspections have been conducted, and the project has been found to meet the City’s construction standards.

Staff tracks construction costs for all Capital Improvement Projects and provides a report of total expenditures when projects are accepted by the City Council. The final project costs are summarized as follows: The construction contract totaled $1,733,139.25, and costs for construction management, special equipment, quality control, and inspection services totaled $168,882.31, for a combined project total of $1,902,021.56.

The total project cost is within the overall approved funding of $1,999,595.68, as authorized by the City Council. The project was funded through the Road Repair and Accountability Act (SB 1) Fund.

Acceptance of this project reflects the City’s continued commitment to maintaining safe, reliable public infrastructure and maximizing the efficient use of local transportation and utility funds.

RECOMMENDATION: That the City Council:

1. Accept the Main Street Reconstruction, Phase 2A Project as complete; and

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

Item No. 11.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Daniel Cervantez, City Engineer
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 12.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Acceptance of Project - Villa Street Reconstruction SOURCE: Engineering and Project Management
COMMENT: The Villa Street Reconstruction Project included the removal and replacement of the existing asphalt and base, existing water pipes, storm drain pipes, and sanitary pipes, and the installation of access compliant curb ramps, purple pipe, conduit for a fiber optic line, video detection at the intersections of Villa Street and Olive Avenue, Villa Street and Putnam Avenue, and Villa Street and Morton Avenue.

The project was completed by Dawson-Mauldin, LLC. in accordance with the approved plans and specifications. All required inspections have been conducted, and the project has been found to meet the City’s construction standards.

Staff tracks construction costs for all Capital Improvement Projects and provides a report of total expenditures when projects are accepted by the City Council. The final project costs are summarized as follows: The construction contract totaled $11,569,700.25, and costs for construction management, special equipment, quality control, and inspection services totaled $732,002.20, for a combined project total of $12,301,702.45.

During construction, existing conditions were encountered that created additional work beyond the scope detailed in the plans. The additional work included water lines being discovered that are not listed on plan records that needed to be relocated and required a new service provided to each existing connection, storm drain pipes that had failed, and, as such, subgrade that needed to be replaced due to oversaturation. This added to a large amount of change orders that led the overall project cost to exceed the approved funding of $12,105,566.40 by $196,136.05. Funding is available from Storm Drain Developer funds to cover this overage. This project is funded by the Measure I Fund, Road Maintenance Rehabilitation Account (SB1)/Special gas Tax Fund, Water Replacement Fund, Sewer Revolving Fund, Storm Drain Fund, and Measure R Local funds.

Acceptance of this project reflects the City’s continued commitment to Item No. 12.
maintaining safe, reliable public infrastructure and maximizing the efficient use of local transportation and utility funds.

RECOMMENDATION: That the City Council:

1. Accept the Villa Street Reconstruction Project as complete; and

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Daniel Cervantez, City Engineer
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

PORTER SLOUGH

PORTER SLOUGH
VINE AVE.HOWLAND ST.

DEVON AVE. KESSING ST. G ST. H STREET KESSING ST.

WILLOW AVE.

CHERRY AVE.

PUTNAM AVE.

THURMAN AVE. CLEVELAND AVE.

HARRISON AVE. E STREET G STREET F STREETLINDLEY DR. OHIO STREET CLEVELAND AVE.

THURMAN AVE.

GARDEN
PLACE OLIVE TERRACECOTTAGE AVE. SINARLE PL. GARDEN ST.

OAK AVE. CARMELITA AVE.

PUTNAM AVE.

CLEVELAND AVE. CONLEY ST. PEARSON AVE.

TOMAH AVE.

SUNNYSIDE AVE. E STREET
RUMO RANCHO AVE. KESSING PLACE PALM PLACE EL GRANITO AVE.

FAIRHAVEN LN. EL GRANITO AVE. HAWAII AVE. LIHU AVE. PALM AVE.

GREEN ACRES DR.

ALICE ST. CARMELITA WAY ARLENE ST. CHESS TERRACE MEMORY LN.

FAIRHAVEN AVE.

PHILLIPS CIRCLE JOHNSON CIRCLE COTTAGE ST. VILLAGE GREEN ST.

OAKMONT AVE.

DEXTER AVE.

BELLEVIEW AVE.

KANAI AVE.

GRAND AVE. VILLA ST.

BELLEVIEW AVE.

KANAI AVE. WISCONSIN ST.

McCOMB AVE. JAYE ST. JAYE ST. INDIANA ST. INDIA
OLIVE AVE. OLIVE AVE.

MORTON AVE.

HENDERSON AVE. G STREET
AIN ST.

GRAND 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. 13.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Apply for CDBG-DR Funding for Tule River Channel Restoration SOURCE: Public Works
COMMENT:

In March 2023, severe storm events caused significant damage to the Tule River Channel and surrounding infrastructure. These storms resulted in overland flooding and deposited large amounts of sediment within the river channel, causing severe erosion along the riverbanks, damage to pedestrian trails, and degradation of essential fire access roads. This damage has impaired emergency response capabilities, increased risks to public and private properties, and reduced the river’s capacity to safely convey future high-flow events. The City submitted a request for FEMA funding, but the project was not approved. Any grant funding pursued for this effort would be limited to improvements on cityowned properties and infrastructure within the Tule River Channel and adjacent City-maintained facilities.

To address these conditions and restore the channel’s function, staff is proposing a restoration plan focused on stabilizing affected areas and reinforcing critical infrastructure. The proposed project includes sediment redistribution for bank stabilization, reinforcement of fire access roads, and improvements intended to strengthen long-term channel resilience. In addition to restoring existing conditions, grant funds would also be used to implement strategic upgrades in the affected areas that are designed to reduce the severity of impacts from future flood events, including enhancements that improve drainage capacity, stabilize vulnerable slopes, and protect critical access routes from recurring damage. As demonstrated by the Army Corps of Engineers’ recent proposed flood release from Success Reservoir, the Tule River Channel remains vulnerable during high-flow events unless corrective action is taken.

Tulare County jurisdictions have a total allocation of $18 million dollars in Community Development Block Grant Disaster Recovery (CDBG-DR) funding related to the 2023 storms. Through mutual agreement, the County of Tulare, the City of Porterville, and the City of Woodlake will each pursue up to $6 million dollars for eligible recovery projects. In coordination with County staff, City staff has identified a cost-effective project approach that focuses on the Item No. 13.
most critical erosion and access concerns along the Tule River. This refined scope is expected to fit within the $6 million dollars available to the City and will allow the County to prepare an application that reflects the City’s current priorities. This approach not only addresses documented storm damage but also prioritizes mitigation measures that will lessen the need for repeated emergency repairs and reduce long-term flood-related risks to City assets.

As the lead applicant, the County must also demonstrate that the City is prepared to serve as a subrecipient for its portion of the funding, including responsibilities related to procurement, environmental compliance, project oversight, and grant reporting. City staff is prepared to fulfill these requirements and will coordinate closely with County staff throughout the application and implementation process.

The County is assembling the regional application package with the goal of submitting the materials in January 2026. If awarded, funds are available through summer 2030. Staff recommends proceeding so the City may secure its portion of this disaster recovery funding.

RECOMMENDATION: That the City Council authorize the County of Tulare to prepare and submit a CDBG-DR project application on behalf of the City for the Tule River Channel Restoration Project.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 14.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Ratification of New Classification and Approval of Job Description for Police Department Training Coordinator
SOURCE: Police
COMMENT: As part of the Police Department’s ongoing commitment to improve operational performance and training readiness, the Department has identified the need for a Training Coordinator position. This position will assume responsibility for managing mandated and elective training requirements, scheduling instructors and facilities, maintaining compliance with training standards, coordinating professional development activities, and supporting training documentation and auditing functions.

At present, these duties are being performed by a sworn Police Officer.

Establishing a civilian Training Coordinator will allow the sworn employee to return to patrol and operational assignments, where staffing demands and service needs are greater. This supports the Department’s goal of improving police operations, maximizing sworn staffing availability, and increasing overall departmental efficiency.

Modern law enforcement requires consistent training documentation, compliance tracking, and coordination with outside training institutions. A dedicated Training Coordinator will improve administrative consistency, support supervisors with training documentation, maintain audit readiness, and contribute to long-term organizational development within the Police Department.

The establishment of this classification requires City Council approval of the job description and associated placement in the City's salary range schedule.

The Training Coordinator classification will be placed at Range 192 ($4,449 – $5,430).

Funding for this position for the remainder of the fiscal year will be provided through salary and benefit savings generated by one Police Officer position that will be un-allocated. The Police Officer position will be re-evaulated during a future budget development process. This provides a funding bridge without requiring an additional General Fund appropriation. While this Item No. 14.
approach represents an operational trade-off, it ensures that critical training needs are addressed and that the Department is able to redeploy sworn staffing to operational duties.

The Department will return as part of the regular budget cycle to evaluate long-term funding and staffing options based on Council direction and available resources.

RECOMMENDATION: That City Council:

1. Affirm the establishment of the classification of Training Coordinator at Range 192 ($4,449 – $5,430) funded from the General Fund;

2. Approve the proposed Job Description for Training
Coordinator; and

3. Un-allocate one Police Officer position and allocate one Training Coordinator position.

ATTACHMENTS: 1. Proposed Training Coordinator Job Description Appropriated/Funded:

Review By:

Department Director:

Bobby Rader, Interim Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

TRAINING COORDINATOR

DEFINITION
Under general direction, plans, coordinates, organizes, implements, and evaluates law enforcement training programs in accordance with Peace Officer Standards and Training (POST) requirements and Department of Justice guidelines. This position is responsible for assessing training needs, scheduling and facilitating courses, coordinating instructors and facilities, maintaining accurate training records for compliance and audits, and developing or reviewing instructional materials.

The role supports departmental training objectives through research, evaluation, reporting, and continuous improvement of training programs, and may provide on-the-job training support and perform related duties as assigned.

REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by employees of this class.

An employee may not be assigned all duties listed and may be assigned duties which are not listed below. Marginal duties are those which are least likely essential functions for any single position in this class.

1. Plans, coordinates, organizes, implements, facilitates, and evaluates training programs and courses, in a variety of subjects specific to law enforcement, including topics such as management and supervision, law enforcement records, first aid, communication skills, and cardiopulmonary resuscitation.

2. Determines training requirements, in accordance with Peace Officer Standards (POST) and the Department of Justice.

3. Arranges for training facilities and instructors, and schedules Police Department employees for training.

4. May provide support for a unit of employees in on-the-job-training activities.

5. Maintains clear and concise records, reports, and spreadsheets regarding Police Department trainings, including those required for POST audits and compliance.

6. Researches pertinent subject matter literature and POST guidelines to tailor training content to fit the Police Department training needs without changing learning objectives.

7. Responsible for tracking and maintaining the training budget and reporting.

8. Previews and evaluates vendor instructional materials.

9. Writes, edits, and prepares for print, training handbooks, manuals, scripts, participant guides, course handouts, and related materials.

10. Conducts training and vendor evaluations, analyzes training data, and prepares reports.

11. May be assigned as a Disaster Service Worker, as required.

12. Performs other duties, as required, based on needs of the department.

EMPLOYMENT STANDARDS
Education and/or Experience
The required knowledge and abilities are attained through training and experience.

Experience working in a law enforcement agency is desirable.

Knowledge of:

Law enforcement training requirements, including Peace Officer Standards and Training (POST); Law enforcement functions and relationships of the criminal justice system; Principles and modern methods of police administration, organization, practices, and procedures; Effective methods of using audio/visual equipment or other training aids or materials; Computer usage principles, including spreadsheets and related software; Mathematical and statistical computations.

Ability to:

Organize, coordinate, and schedule training; Communicate in English effectively, both orally and in writing; Establish and maintain effective working relationships; Formulate specific objectives against which to compare and evaluate results; Take initiative, reason logically, and be creative in developing and introducing new ideas; Demonstrate active listening skills, speak effectively before large and small groups; Prepare and maintain clear and concise records and reports.

Special Requirements
Ability to travel to alternate locations in the course of work.

If driving, possession of a valid California driver's license prior to appointment Physical Demands
Strength, dexterity, coordination and vision to use keyboard and video display terminal for long periods of time. Dexterity and coordination to handle files and single pieces of paper, occasional lifting of object weighing up to 25 lbs. such as, files, stacks of paper, reference and other materials.

Moving from place to place within an office; some reaching for items above and below desk level.

WORKING CONDITIONS
Generally clean work environment with limited exposure to conditions such as dust, fumes, odors, or noise; daily use of a computer; periodic contact with angry and/or upset individuals.

Date Adopted:

Item No. 15.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Consideration of Appointment to the Parks & Leisure Services Commission SOURCE: Administrative Services
COMMENT: The Parks & Leisure Services Commission currently has three vacancies. Staff has received one application from Jose Acuna for consideration to fill one of the vacant positions, with a term set to expire in October 2029.

The Parks & Leisure Services Commission serves in an advisory capacity to the City Council on matters concerning Parks and Leisure Services and is comprised of eight (8) members with staggered four (4)-year terms. To be eligible for appointment, individuals must reside within the City of Porterville and represent a cross-section of the community. The Commission currently meets on the first Thursday of each month at 5:30 p.m. at City Hall.

Staff will advertise the vacant positions and solicit applications from interested individuals to fill the remaining vacancies.

RECOMMENDATION: That the City Council consider the appointment of Jose Acuna to the Parks & Leisure Services Commission to serve a four-year term to expire October 2029.

ATTACHMENTS: 1. Request for Appointment: Jose Acuna
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 16.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Status Report - Developer Impact Fees
SOURCE: Finance
COMMENT: Pursuant to Government Code Section 66006(b)(1), a detailed fund analysis of the capital improvement funds containing developer impact fees has been prepared. A copy of this analysis has been delivered to the Building Industry Association of Tulare/Kings Counties, Inc. (BIA), per its request.

The format and content of this analysis have been developed around criteria previously approved by the BIA.

RECOMMENDATION: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2025.

ATTACHMENTS: 1. 2024-2025 Developer Impact Fees Summary Report Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY OF PORTERVILLE

DEVELOPER IMPACT FEE SUMMARY
2024/25

BEGINNING ENDING

BALANCES ELIGIBLE BALANCES
AS OF FEES INTEREST D.I.F. AS OF
JULY 1, 2024 COLLECTED EARNED EXPENDITURES JUNE 30, 2025 WATER ACREAGE FEE $ (20,721,385) $ 148,157 $ 165,566 $ (14,774) $ (20,422,436) SEWER ACREAGE FEE $ (2,455,621) $ 98,322 $ 92,903 $ (39,561) $ (2,303,957) STORM DRAIN FEE $ 3,131,544 $ 252,603 $ 158,344 $ (7,081) $ 3,535,410 TRANSPORTATION IMPACT FEE $ 2,478,345 $ 300,060 $ 126,451 $ (150,000) $ 2,754,856 PARK IMPACT FEE $ - $ 116,457 $ 426 $ (116,883) $ -

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2024/25
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Water Projects
Tule River porter slough clearing $ 10,583.34 0% $ 0.00 Tule River JPA administration 40.00 0% 0.00
Morton/D drought tolerant exhibit garden 2,565.91 0% 0.00 Master plan update 6,049.91 100% 6,049.91
South recharge basin 0.00 0% 0.00
DR#23 dual recharge basin 489,439.73 0% 0.00
North recharge basin 0.00 0% 0.00
Well #37 - Summit Estates 6,822.14 0% 0.00
Rehabilitate wells 3,717.19 0% 0.00
SGMA compliance 255,126.05 0% 0.00
Well #34 - Akin &Central Mutual water system 18,634.30 0% 0.00 Auto radio read 0.00 0% 0.00
Master plan payback 8,724.17 100% 8,724.17
Villa St - Olive to Henderson water/storm line3,505,844.42 0% 0.00 Stormwater capture and recharge 61,214.78 0% 0.00
4th/Henderson to Morton water main replacement22,770.81 0% 0.00 Downtown pipe replacement program 79,177.00 0% 0.00
Dedication & Improvement Calculation / Unit
$ 4,470,709.75 $ 14,774.08
Sewer Projects
MS4 permit $ 27,293.00 100% $ 27,293.00
Master plan payback 7,958.12 100% 7,958.12
Biosolids management plan (pre application) 4,117.30 0% 0.00 Ras/Was pump replacement 18,655.25 0% 0.00
Sewer master plan update 4,309.52 100% 4,309.52
Headworks grinder replacement 218,809.49 0% 0.00
Effluent pump maintenance 0.00 0% 0.00
Tertiary treatment plant (tank siting) 0.00 100% 0.00
Villa St - Olive to Henderson/storm line 949,332.66 0% 0.00 Sewer annexation - area 457 0.00 0% 0.00
Sewer annexation - area 474 0.00 0% 0.00
Sewer annexation - area 475 0.00 0% 0.00
Sewer annexation - area 476 420.02 0% 0.00
Sewer annexation - area 478 0.00 0% 0.00
Sewer annexation - area 479 0.00 0% 0.00
Safe drinking water supply deliveries 6,159.13 0% 0.00
Screwpress repairs 2,508.13 0% 0.00
SEWER TOTAL $ 1,239,562.62 $ 39,560.64
Storm Drain Projects
Master plan update $ 7,081.22 100% $ 7,081.22
Flood management ordinance update 0.00 100% 0.00
Thurman/3rd St storm drain 121,000.00 0% 0.00
Thurman/3rd St storm drain 137,485.83 0% 0.00
STORM DRAIN TOTAL $ 265,567.05 $ 7,081.22
Transportation Projects
Debt service - 2021 Refinancing Project $ 150,000.00 100% $ 150,000.00 TRANSPORTATION TOTAL $ 150,000.00 $ 150,000.00
Park Projects
Debt service - sports complex $ 109,542.98 100% $ 109,542.98 Sports complex parking lease 7,340.41 100% 7,340.41
PARK TOTAL $ 116,883.39 $ 116,883.39

CITY OF PORTERVILLE

DEVELOPER FEE RATE STRUCTURE
2024/25
Hillside Single Multiple Mobile
Development Family Duplex Family Homes Institutional Commercial Professional Industrial Water Acreage Fee / Acre $ 2,103 $ 4,385 $ 10,977 $ 25,628 $ - $ 2,862 $ 3,296 $ 3,296 $ 25,312 Sewer Acreage Fee / Acre $ 1,429 $ 2,680 $ 6,224 $ 14,520 $ - $ 1,009 $ 3,784 $ 3,784 $ 16,154 Storm Drain Fee / Acre $ - $ 7,223 $ 9,635 $ 14,456 $ - $ 19,266 $ 19,266 $ 19,266 $ 19,266 Transportation Fee / Unit $ - $ 1,446 $ 977 $ 977 $ - $ 3,977 $ 7,564 $ 7,564 $ 1,128 Park Impact Fee / Unit $ - $ 960 $ 745 $ 745 $ 538 $ - $ - $ - $ - *Park Impact Fee / Square Foot $ - $ 3.175 $ - $ 4.206 $ - $ - $ 0.200 $ 0.355 $ 0.100 *Park Impact Fees Per Square Foot Effective February 20, 2025 Hillside Single Multiple Mobile
Development Family Duplex Family Homes Institutional Commercial Professional Industrial Dedication & Improvement Calculation / Unit - 0.0032 acres - 0.0022 acres - - - - - Cost Per Acre for credits and charges for over-dedication and improvement or under dedication and improvement are based on $833,167 per acre cost. At the discretion of the Community Development Director, tentative maps with less than 50 lots or a multi family development with less than 50 units may pay an in-lieu fee instead of the Quimby Act parkland dedication and development based on the above-mentioned Cost Per Acre price (this would be in addition to the Developer Impact Fees due for the development).

QUIMBY ACT RATE STRUCTURE
Item No. 17.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Consideration of a Virtual State of the City Address SOURCE: City Manager's Office
COMMENT: At the City Council meeting of December 16, 2025, the Mayor requested that an item be placed on a future agenda to consider conducting a Virtual State of the City address. The proposed format would include remarks from the Mayor outlining the City Council’s vision and priorities, along with brief presentations from each Department Head highlighting key accomplishments achieved during calendar year 2025.

A Virtual State of the City address would provide an opportunity to communicate City accomplishments, priorities, and strategic direction to the community in an accessible and efficient manner. The format would allow residents to view the presentation remotely, expand outreach beyond those able to attend in person, and create a recorded presentation that could be shared through the City’s website and other communication channels.

If approved, staff would place an item on the February 3, 2026 City Council meeting agenda. The actual Virtual State of the City presentation would be conducted at a later date, following coordination by staff with the Mayor and Department Heads regarding format, content, and scheduling.

RECOMMENDATION: That the City Council approve the Mayor’s request to direct staff to place an item on the February 3, 2026 City Council meeting agenda to further consider a Virtual State of the City address.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Item No. 17.

Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 18.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with Acting City Manager Patrice Hildreth, declared the existence of a local emergency within the City of Porterville. This declaration was made pursuant to Chapter 9 of the Porterville Municipal Code and in response to a series of storm systems impacting the Porterville area, increasing flows in the Tule River and posing a significant threat to life and property. The City Council ratified the declaration at its Special Meeting on March 17, 2023, in accordance with the California Emergency Services Act (Government Code § 8558 et seq.). Per State requirements, the declaration must be renewed every sixty (60) days to remain in effect. At its most recent meeting on December 16, 2025, the Council renewed the emergency declaration.

Staff continues to work with FEMA to resolve outstanding claims and identify a timeline and path forward. In an effort to reduce the size of the agenda binder while still keeping the Council informed, staff is including only the most current Armory Census as an attachment to this report. Once the declaration of local flood emergency is officially concluded, and in coordination with FEMA guidance, staff will prepare a final close-out report that includes all supporting documentation and attachments currently on file.

Chronology of Emergency Response Actions:
• March 10–19, 2023: Tulare County Sheriff and City officials issued a series of evacuation warnings and mandatory orders due to rising water levels and flood threats, including areas near Success Lake, River Springs Drive, and Rio Vista Avenue.
• March 13, 2023: The City declared a Local Emergency.
• March 15–25, 2023: City Public Works performed extraordinary flood mitigation efforts. Evacuation orders were adjusted based on river activity.
• March 17, 2023: The City Council ratified the emergency declaration. • April 11, 2023: The Temporary Evacuation Point (TEP) and Emergency Shelter relocated from Porterville College to the Porterville Armory.

Item No. 18.
• April 14–May 5, 2023: The City and County executed an MOU to continue Armory TEP operations without Cal OES funding. • May 5, 2023: The City assumed full operational and financial responsibility for the Armory site.
• May 16, 2023: The Council approved a one-year no-cost license agreement for exclusive use of the Armory.
• April–July 2023:
o Council approved emergency expenditures including water rescue equipment, mobile ADA-compliant restrooms, and flood mitigation services.
o Due to contract violations, TopKnotch Security was terminated and replaced by Good Guard Security for ongoing Armory safety services.
• State and Federal Declarations:
o Governor Newsom issued Executive Orders N-6-23, N-7-23, and N-10-23 to support flood response and recovery.
o President Biden’s Major Disaster Declaration (April 3, 2023) activated federal recovery funding; FEMA formally closed the incident period on July 10, 2023.

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

ATTACHMENTS: 1. Armory Attendance
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 19.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Consideration of Text Amendment to Series 200 of the Porterville Development Ordinance
SOURCE: Community Development
COMMENT: The City of Porterville received a Project Review Committee (PRC) application from Super Family Foods, proposing the development of a new commercial development consisting of a grocery store of 21,509 sf ±, a Laundromat of 1,000 sf, and a lease space of 1,000 sf for a total building of 23,509 sf. On October 15, 2025, staff met with the applicant during PRC, where the assessment of the project (PRC 2025-046) commenced. During the PRC meeting, staff provided comments pertaining to the development. The applicant proposed a text amendment to the Porterville Development Ordinance (PDO) and the future development of the project site.

The Downtown Mixed-Use Zone District exists to support a mix of commercial, service, office, and residential uses that do not adversely impact one another in a significant way. The applicant is requesting a text amendment of the following:

1. A text amendment of the Porterville Development Ordinance Series 200, Section 202.02: Land Use Regulations to allow a Laundromat in the D-MX zone district, subject to a Conditional Use Permit.

2. A text amendment of the Porterville Development Ordinance Series 200, Section 202.03(b) Retail Stores or Shopping Centers, to reduce the requirement of the building at a minimum setback line for retail stores or shopping centers from fifty thousand (50,000) square feet to twenty thousand (20,000) square feet.

The proposed text amendment would promote and assist future development in the Downtown Mixed-Use zone district. The approved ordinance would amend the Porterville Development Ordinance, Table 202.02: Land Use Regulations – Downtown Districts, to allow the Use of a Laundromat, which is classified under Industry Limited. The amendment to allow the use of a Laundromat, which will be beneficial in the D-MX zone district, as the subject Item No. 19.
site area is surrounded by multifamily uses and acts as a transition from residential to commercial areas.

The second text amendment would reduce the minimum size of the percentage of the building at the minimum setback line for retail stores or shopping centers from fifty thousand (50,000) square feet to twenty thousand (20,000) square feet. This amendment to reduce the square footage to 20,000 sf would assist in further development of the site and remove some development restrictions.

Pursuant to State and local environmental regulations, the proposed modifications serve to provide greater clarity to uses as identified in the Porterville 2030 General Plan, and the proposed ordinance is an implementation measure of the policies, goals, and objectives of the Plan. The Environmental Coordinator decided based on substantial evidence that, since the amendment would not result in a new type of permitted use or uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment. Therefore, it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive testimony regarding the proposed zoning text amendment; and

2. Find that the zoning text amendment is exempt from the California Environmental Quality Act pursuant to CEQA
Guidelines Section 15061(b)(3); and

3. Introduce and conduct the first reading of the ordinance entitled, "An Ordinance of the City Council of the City of Porterville Amending Series 200, Chapter 202 Downtown
Districts of the Porterville Development Ordinance," and order the ordinance to print.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 19.

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 200, CHAPTER 202 DOWNTOWN DISTRICTS OF THE

PORTERVILLE DEVELOPMENT

ORDINANCE
WHEREAS: on January 20, 2026 the City Council at its regularly scheduled meeting held a public hearing to consider amendment to the Porterville Development Ordinance (PDO); and
WHEREAS: Super Family Foods has requested a text amendment to the Porterville Development Ordinance for the future development of a site located within the Downtown Mixed-Use (D-MX) Zone District; and
WHEREAS: the applicant is requesting a text amendment to PDO Series 200, Section 202.02: Land Use Regulations to allow a Laundromat in the D-MX Zone District, subject to a Conditional Use Permit; and
WHEREAS: the applicant is also requesting an amendment to PDO 202.03(b) to reduce the requirement of the building at minimum setback line for retail store shopping centers from fifty thousand (50,000) square feet to twenty thousand (20,000) square feet; and WHEREAS: the Downtown Mixed-Use Zone District exists to support mix of commercial, service, office, and residential uses that do not adversely impact one another in a significant way; and
WHEREAS: the proposed text amendment to the Porterville Development Ordinance would ease restrictions in the D-MX Zone district as they pertain to Land Use Regulations and Development Regulations, therefore assisting future developments by removing development restrictions; and
WHEREAS: the Environmental Coordinator made a determination on the basis of substantial evidence that it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment, and is therefore, exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville the following sections of the Porterville Development Ordinance are hereby amended as follows:

SECTION 1: Table 202.02: Land Use Regulations – Downtown Districts, of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Residential Use Classifications
Single Family Dwelling See sub-classifications below
Attached P(1) - - - P P - - -
Multi-family Residential P(1) P(2) - P P P P(1) - - Section 201.04(b) Family Day Care Home See sub-classifications below
Small P P - P P P P - -
Large - - - P P P - - - Section 301.07 Family Day Care
Home, Large
Group Residential - - - P(3) P P - - -
Mixed Use Development C Section 203.04 Supplemental
Regulations
Residential Care
Facilities, Limited

P P - P P P P - -
Residential Care
Facilities, Large

C C - C C C C
Single Room Occupancy
Hotels
C C - C C C C - - Section 301.18 Single Room
Occupancy Hotels
Employee Housing P(1) P(2) - P P P P(1) - -
Public and Semi-Public Use Classifications
Clubs and Lodges C(4) P P P - - P(5) P - Section 301.02 Alcoholic Beverage Sales
Colleges and Trade
Schools, Public or
Private
C(5) C C C - - C C P
Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Community Center - - - C - - - - P
Cultural Institutions C(5) C C C - - P C P
Day Care Centers C C C C C C P - C
Elderly and Long Term
Care
- - - - P P P - -
Government Offices P P P - - - P - P
Instructional Services P(5) P P P - - P P P
Park and Recreation
Facilities, Public

P P P P P P P P P
Religious Facilities - - - C C C - - -
Residential Care
Facilities, General
- - - - C C - - - Section 301.15 Residential Care
Facilities, General
Schools, Public or
Private
P(4) P P P - - - - P
Social Service Facilities C C - P P P C - - Section 301.19 Social Service Facilities
Commercial Use Classifications
Animal Care, Sales, and
Services
See sub-classifications below
Kennels - - C - - - - C -
Pet Stores M(6) P(6) P(6) M(6) - - - P(6) -
Veterinary Services,
Small
- - C - - - - P(6) -
Artists’ Studios P P P P - - - P -
Automobile/Vehicle
Sales and Services
See sub-classifications below
Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Automobile/Vehicle
Rentals.
- - - - - - - P -
Automobile/Vehicle
Sales and Leasing.
- C C(7) - - - - P -
Automobile/Vehicle
Service and Repair,
Major.
- P C - - - - C - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Minor.
- P C(7) - - - - P - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Washing.
- P - - - - - C - Section 301.05 Auto Service
Stations and Car Washing
Service Station - - - - - - - C - Section 301.05 Auto Service Stations and Car Washing
Banks and Financial
Institutions
See sub-classifications below
Banks and Credit
Unions
P(8) P(8) P P(8) - - P(8) P -
Building Materials and
Services
- - - - - - - P(9) -
Business Services P(10) P(10) P(10) P(10) - - P P -
Cannabis Dispensary P P P P - - - P - Municipal Code Chapter 15, Article VII
Commercial
Entertainment and
Recreation
See sub-classifications below
Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Cinema/Theaters C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Downtown
Entertainment
- - C C - - - C C Section 301.02 Alcoholic Beverage
Sales
Small-scale C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Bars/Night
Clubs/Lounges
C C C C - - - C - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Coffee Shops/Cafes P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating Restaurants P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating; Section 301.02 Alcoholic Beverage
Sales
Tobacco Bars C C C C - - - C -
Food and Beverage
Retail Sales, less than
5,000 square feet
P P P P - - P(11) P P(11) Section 301.02 Alcoholic Beverage Sales
Food and Beverage
Retail Sales, more than
5,000 to 50,000 square
feet
P P P P - - - - - Section 301.02 Alcoholic Beverage
Sales
Hotels and Motels C C C C - - - C -
Bed and Breakfasts - - - P(3) - P(3) P(3) - -
Maintenance and Repair
Services less than 1,500
square feet
- - - - - - - P(12) -
Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Medical Facilities See sub-classifications below
Medical Clinic - P P P - - P P P
Professional/Medical P(13) P P P - - P P P
Mixed Use Development C Section 203.04 Supplemental
Regulations
Nurseries and Garden
Centers
- C C C - - - P -
Offices See sub-classifications below
General Offices P(13) P P P - - P P P
Walk-In Clientele P P P P - - P P P
Parking, Public or
Private

P P P P P P P P P
Personal Services P P P P - - P P -
Retail Sales, less than
50,000 square feet
P P P P - - P(11) P -
Retail Sales, more than
50,000 square feet

C C C C - - - C -
Industrial Use Classifications
Handicraft/Custom
Manufacturing
- - - - - - - P -
Industry, Limited - - - - - - - C -
Laundromat - - - P - - - - -
Recycling Facilities See sub-classifications below
Reverse Vending
Machine
- P P P - - - P P Section 301.14 Recycling Facilities
Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Recycling Collection
Facility
- C - - - - - C C Section 301.14 Recycling Facilities
Transportation, Communication, and Utilities Use Classifications Communication
Facilities
See sub-classifications below
Antenna and
Transmission
Towers, camouflage
facilities
P(14) P(14) P(14) P(14) - - P(14) P(14) P(14) Section 301.20 Telecommunication Facilities
Antenna and
Transmission
Towers, noncamouflage facilities
C(14) C(14) C(14) C(14) - - C(14) C(14) C(14) Section 301.20 Telecommunication Facilities
Broadcasting Facility - M M M - - - M - Section 301.20
Telecommunication Facilities
Call Center - - - - - - P(5) P(5) P
Recording Studio - - P(6) P(6) - - - P(6) -
Transportation
Passenger Terminals
P(15) P(15) P(15) - - - - - -
Utilities, Minor P P P P P P P P P
Other Applicable Types
Accessory Uses and
Structures
P P P P P P P P P Section 301.01 Accessory Uses
and Structures
Home Occupations P P P P P P - - - Section 301.09 Home Occupations Second Dwelling Unit - - - - P P - - - Section 301.16 Second Dwelling Unit
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Ordinance No. _______
TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Residential units allowed only on upper floors unless approved with a Conditional Use Permit. Common ancillary areas are allowed on the ground floor except on Main Street.

2. On Main Street, residential units are allowed only on upper floors unless approved with a Conditional Use Permit.

3. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

4. Allowed only on upper floors and limited to 5,000 square feet in size.

5. Limited to 5,000 square feet in size.

6. Provided that such use shall be completely enclosed in a building of soundproof construction.

7. Limited to uses conducted wholly within a building enclosed on all sides including the display, storage, repair, and reconditioning of vehicles.

8. Drive-through facilities are prohibited.

9. Bulk storage of sand, gravel, or cement is not allowed.

10. Wholesale services are not allowed.

11. Permitted only as accessory to a primary use.

12. No outdoor operations or outdoor storage are allowed.

13. Limited to 25 percent of ground floor area unless additional floor area is approved with a Conditional Use Permit. No square footage limitation on upper floors.

14. Shall not be located within 300 feet of any R district except as detailed in 301.20e.

15. Not allowed on Main Street. No repair or storage of vehicles is allowed.

Ordinance No. _______
SECTION 2: Table 202.03: Development Standards – Downtown Districts, of Section 202.03, Additional Development Regulations of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Additional Development Regulations:

Determining FAR. When determining FAR in the D-PS district, meeting rooms, cafeteria facilities, and conference facilities are excluded from floor area.

Retail Stores or Shopping Centers. The percent of building at setback line requirement may be waived with Conditional Use Permit approval for retail stores or shopping centers with a gross floor area of fifty thousand (20,000) square feet or greater when the City Council finds that alternative features have been incorporated into the project to achieve pedestrian orientation and to accommodate pedestrians and bicycle access.

Transitional Standards. When a site is adjacent to an R district, the following standards apply:

Buildings exceeding twenty (20) feet in height must be set back five (5) feet from the interior side and rear property line; for buildings exceeding twenty-five (25) feet in height shall be stepped back one (1) additional foot for every foot of height above twenty-five (25) feet.

The maximum height within forty (40) feet of an R district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an R district boundary is forty (40) feet.

This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, APPROVED, AND ADOPTED this ______ day of _______, 2026. ___________________________
Greg Meister, Mayor
ATTEST:

Rich Tree, City Clerk

By: _________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 20.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Consideration of Text Amendment to Series 600 of the Porterville Development Ordinance
SOURCE: Community Development
COMMENT: The Housing Element is a required component of the City’s General Plan and establishes the City’s goals, policies, and strategies for meeting its housing needs. The City submitted the revised draft 2023–2031 Sixth Cycle Housing Element to the California Department of Housing and Community Development (HCD). On December 19, 2025, HCD notified the City that the Housing Element cannot be found in substantial compliance until adoption of the Element and implementation of a zoning amendment to satisfy Housing Element Program 3 (By-Right Approval). The Housing Element will remain out of compliance until this amendment is completed.

Provisions of the California Government Code require that certain qualifying projects be approved as a “use by right,” as defined in Government Code Section 65583.2(i). The proposed text amendment to Series 600 of Chapter 21 of the Porterville Development Ordinance adds Article 614 (entitled “By-Right Approval”) to implement State law and the applicable policies of the City’s Housing Element. The amendment also establishes a ministerial review process for eligible projects in accordance with State law requirements.

This amendment is necessary to bring the City’s Housing Element into compliance and obtain certification from HCD. The last comprehensive update to the Development Ordinance occurred in 2010, and the proposed text amendment is limited to implementing current State requirements for by-right housing review.

Environmental Review: The proposed text amendment has been analyzed pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines Sections 15162 and 15164 to evaluate whether the project’s environmental impacts are within the scope of the certified General Plan Environmental Impact Report (certified February 2008, State Clearinghouse No. 2006011033). An Addendum has been prepared and the City determined that the proposed text amendment does not require subsequent environmental review under CEQA Guidelines Section 15162.

Item No. 20.

RECOMMENDATION: That the City Council:

1. Hold the noticed public hearing to receive public testimony regarding the text amendment to Series 600 of the Development Ordinance;

2. Find that the text amendment to the Development Ordinance is within the scope of the General Plan EIR pursuant to CEQA Guidelines Sections 15162 and 15164;

3. Adopt the ordinance approving the text amendment to the Development Ordinance, Series 600, by adding Article 614 (ByRight Approval) as required by State law; and

4. If approved, give first reading by title only and order the ordinance to print.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk