Porterville City Council
April 7, 2026

City Council Agenda April 7, 2026

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

PORTERVILLE, CALIFORNIA
APRIL 7, 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 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Management & Confidential Series, Porterville Safety Support Unit, and Porterville City Employee Association.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Sieng Prum. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Brandon Gonzalez v. City of Porterville, et al. Tulare County Superior Court Case No. VCU328948

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Gill, Essa v. 288 North Second Street, et al. Tulare County Superior Court Case No. VCU329615
City Council Agenda April 7, 2026

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

PCU332841
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN

CLOSED SESSION
Pledge of Allegiance Led by Council Member Green
Invocation

COUNCIL COMMENTS

PRESENTATIONS
Employee of the Month - Griselda Hurtado
Public Safety Employee Recognition

REPORTS
This is the time for all staff informational items.

I. Staff Informational Reports

1. Spring Community Clean-Up Event

2. Christmas Parade Update

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

COUNCIL COMMENTS

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

1. Approval of Draft City Council Minutes
Re: Considering approval of the City Council draft Minutes of March 17, 2026, March 18, 2026, and March 30, 2026.

2. Authorization to Purchase Public Records Management Software and Services City Council Agenda April 7, 2026

Re: Council to consider the purchase of public records management software and services from CivicPlus in an amount of $7,894 for the initial term and $12,788 for the second year, for a total initial two-year cost of $20,682.

3. Authorization to Purchase and Install SCADA Equipment at Rocky Hill and Martin Hill Reservoirs
Re: Consider the purchase and installation of SCADA equipment and system upgrades for the Rocky Hill and Martin Hill Reservoirs by Telstar Instruments in an amount not to exceed $40,962.

4. Authorization to Purchase and Install Transit Bus Wraps Re: Consider the purchase and installation of transit bus wraps from Transit-Media in an amount not to exceed $111,804.92.

5. Authorization to Replace Digester PLC #6 at the Wastewater Treatment Facility Re: Council to consider the replacement of Digester PLC #6 at the Wastewater Treatment Facility by Telstar Instruments in an amount not to exceed $29,170.

6. Authorization to Repair City Well No.6
Re: Council to consider the repair of City Well No. 6 by Valley Pump & Dairy Systems in an amount not to exceed $26,262.

7. Authorization to Distribute a Request for Qualifications for On-Call Escrow and Title Services
Re: Consider the distribution of a Request for Qualifications for on-call escrow and title services.

8. Authorization to Award Contract for Solar Operations & Maintenance Services Re: Council to consider awarding a contract to Bright House Energy Construction, Inc. for Solar Operations & Maintenance Services in an amount not to exceed $149,400.

9. Authorization to Extend Agreement for Contract Planning Services Re: Consideration to extend the Agreement with Provost & Pritchard Consulting Group for Contract Planning Services through December 31, 2026.

10. Request for Proclamation – Easter Holy Week – Porterville Church of the Nazarene Re: Council to consider the approval of a proclamation recognizing Easter Holy Week in the City of Porterville, sponsored by Council Member Rivas.

11. Request for Proclamation – Easter Holy Week – Porterville Church of God Re: Council to consider the approval of a proclamation recognizing Easter Holy Week in the City of Porterville, sponsored by Mayor Meister.

12. Request for Proclamation - Porterville Celebrates Reading Re: Council to consider the approval of a proclamation recognizing and celebrating the 25th Anniversary of “Porterville Celebrates Reading” in the City of Porterville, sponsored by Vice Mayor McKervey.

13. Request for Proclamation - National Pathway Day
Re: Council to consider the approval of a proclamation declaring April 16, 2026, as “National Pathway Day” in the City of Porterville, sponsored by Mayor Meister.

City Council Agenda April 7, 2026

14. Request for Proclamation - Arbor Day
Re: Approve a proclamation declaring April 24, 2026, as “Arbor Day” in the City of Porterville, sponsored by Mayor Meister.

15. Approval of Community Civic Event - Experimental Aircraft Association "Porterville 5k/10k" Event
Re: Council to consider a Community Civic Event application submitted by the Experimental Aircraft Association for the Porterville 5k/10k event on Saturday, April 18, 2026, from 7:30 a.m. to 12:00 p.m., including associated street closures along the approved route.

16. Approval of Community Civic Event Application — Pink Heals Tulare County Chapter and Rollin' Relics Car Club
Re: Consideration to approve the Community Civic Event application submitted by the Pink Heals Tulare County Chapter and Rollin' Relics Car Club to host the Rollin’ Relics Car Show at Veterans Park on Saturday, May 9, 2026, from 8:00 a.m. to 4:00 p.m. May 9, 2026.

17. Appointment to Measure R Citizens’ Oversight Committee Re: Consider appointment of Taha Saleh to the Measure R Citizens’ Oversight Committee.

18. Consideration of Appointment to the Transactions and Use Tax Oversight Committee ("TUTOC")
Re: Consider the appointment of Taha Saleh to the Transactions and Use Tax Oversight Committee.

19. Establishment of Mechanic III Classification and Approval of Job Description Re: Consider the establishment of the Mechanic III classification, approve the associated job description, and authorize the reallocation of one Mechanic II position to a Mechanic III position.

20. Consideration of a Letter Opposing Assembly Bill 2494 (Rogers) – Demonstration State Forests
Re: Consideration of a letter opposing Assembly Bill 2494 (Rogers), which proposes changes to the management of California’s demonstration state forests that may impact local forest management practices, timber supply, and regional economic stability.

21. Adoption of Policy for Cash Transactions in the Absence of Pennies Re: Consideration to adopt a resolution establishing a policy for handling cash transactions in the absence of pennies.

22. Consideration of Support for Senate Bill 1277 (Cost of Living Tax Credit) Re: Consideration of a letter of support for Senate Bill 1277 (Cost of Living Tax Credit) and authorize the Mayor to sign the letter.

23. Authorization to Repair the Animal Shelter Air Conditioning VFD and Smoke Detector Re: Council to consider the repair of the Animal Shelter air conditioning unit by EMCOR Services Mesa Energy (Mesa Energy Systems, Inc.) in an amount of $5,867 and approve a 10% contingency for a total project budget not to exceed $6,454.

24. Authorization to Schedule Public Hearing for Expedited Electric Vehicle Permit Review Process
City Council Agenda April 7, 2026

Re: Authorize the City Clerk to notice a public hearing for April 21, 2026, to consider adoption of an ordinance establishing an expedited permit review process for electric vehicle charging systems in accordance with Assembly Bill 1236.

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

PUBLIC HEARINGS

25. Consideration of Revocation of Business License - Rose Massage, 188 W. Olive Avenue, Porterville
Re: Conduct a public hearing and consider revocation of the business license for Rose Massage, located at 188 W. Olive Avenue, Porterville.

26. Consideration of Revocation of Business License - Star Massage, 1365 W. Olive Avenue, Suite F, Porterville
Re: Conduct a public hearing and consider revocation of the business license for Star Massage, located at 1365 W. Olive Avenue, Suite F.

27. Consideration of Revocation of Business License - Diamond Massage Spa, 1531 W. Olive Avenue, Suite A, Porterville
Re: Conduct a public hearing and consider revocation of the business license for Diamond Massage Spa, located at 1531 W. Olive Avenue, Suite A, Porterville.

SCHEDULED MATTERS

28. Approval of Agreement with Griswold LaSalle for City Attorney Services Re: Council to consider the termination of the existing City Attorney agreement with McCormick Kabot & Lew effective April 8, 2026; approve a new agreement with Griswold, LaSalle, Cobb, Dowd & Gin, LLP for City Attorney services effective April 9, 2026; and approve a budget amendment not to exceed $6,500 for FY 2025–26.

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

1. Downtown Porterville Committee - March 26, 2026

2. Tule East Groundwater Sustainability Agency JPA (TEGSA) - April 1, 2026

3. Local Initiatives Navigation Center Committee (LINC) - April 1, 2026

4. Tule River Improvement JPA - April 6, 2026

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
City Council Agenda April 7, 2026

Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of April 21, 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 – APRIL 7, 2026
SUBJECT: 1. Spring Community Clean-Up Event
SOURCE: Transportation
COMMENT: To promote property maintenance and community beautification, the City hosts two annual clean-up events, one in the spring and one in the fall. These events provide City residential refuse customers with an opportunity to dispose of general trash, bulky items, wood waste, yard waste, mattresses, and e-waste at no cost.

The Spring Community Clean-Up Event is scheduled for April 18, 2026, from 8:00 a.m. to 2:00 p.m. at the City’s Corporation Yard. Participation is limited to City residential refuse customers, who must provide a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not permitted.

To ensure efficient operations, trailers are limited to a maximum length of ten (10) feet, and participants are required to unload their own vehicles. Items not accepted include tires, refrigerators, oversized auto parts, and hazardous waste.

This event supports the City’s ongoing efforts to maintain neighborhood quality, promote responsible disposal practices, and reduce illegal dumping.

The cost of the event is included in and funded through the Solid Waste Operating Budget.

RECOMMENDATION: This report is informational only, and no action is required.

ATTACHMENTS: 1. Spring 2026 Clean Up Event Flyer

2. Spring 2026 Clean Up Event Flyer Spanish
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 2026 COMMUNITY CLEAN-UP &
SATURDAY, APRIL 18, 2026
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US

CURRENT CITY OF PORTERVILLE REFUSE BILL IS REQUIRED
Trailers will be limited up to 10 feet.

Participants will be required to unload their own vehicle.

PLEASE NOTE: City residents only. No county, business or commercial waste allowed.

NO CHILDREN OR PETS ALLOWED OUTSIDE OF YOUR VEHICLE
ACCEPTABLE ITEMS:

Greenwaste: Tree Limbs, Branches, Yardwaste (Not to exceed 10 feet) Household Waste: Household Trash, Furniture, Scrap Metal, Mattress/Box Springs E-Waste: Computers, Laptops, Monitors, Televisions, Cell Phones, Tablets.

Construction & Demolition: Concrete, Dirt, Wood
UNACCEPTABLE ITEMS:

Household Hazardous Waste (Batteries, Paint, Oil, Oil Filters, Flourescent Bulbs), Tires, Refrigerators, Oversized Auto Parts (Cab, truck bed, etc.)

SPRING FREE

DISPOSAL EVENT

TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Antifreeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/
Gasoline
2026 EVENTO COMUNITARIO DE
SÁBADO, ABRIL 18, 2026
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US

REQUIERE FACTURA DE BASURA ACTUAL DE LA CIUDAD DE PORTERVILLE Se limitarán las trailas a 10 pies.

Los participantes deben descargar su propio vehículo.

TENGA EN CUENTA: Solo clientes residenciales. No se permiten residuos de negocios o comerciales.

NO SE ADMITEN NIÑOS O MASCOTAS FUERA DE SU VEHÍCULO
ARTÍCULOS ACEPTABLES:

Basura: Ramas de Árboles, Ramas, Desechos de Jardín (No exceder 10 pies) Desechos Domésticos: Basura Doméstica, Muebles, Chatarra, Colchones/Canapés Residuos Electrónicos: Computadoras, Portátiles, Pantallas, Televisores, Celulares, Etc.

Construcción y Demolición: Cemento, Tierra, Madera
ARTÍCULOS INACEPTABLES:

Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)

PRIMAVERA GRATIS
LIMPIEZA Y ELIMINACIÓN
Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para
Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de
Aerosol
• Aceite y Filtros de Aceite/Gasolina
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.

Evento de Limpieza de Un Dia en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: 2. Christmas Parade Update
SOURCE: City Manager's Office
COMMENT: The Children's Christmas Parade, historically sponsored by the Porterville Chamber of Commerce and the Rotary Clubs of Porterville, has been a longstanding tradition in the City of Porterville. Held on the first Thursday evening of December, the parade serves as one of the signature events that kicks off the Christmas season in downtown Porterville. Each year, the event draws a large portion of the community and features over eighty (80) entries, filling the parade route with festive lights and holiday spirit.

On February 26, 2026, the Porterville Chamber of Commerce announced that it would no longer be involved in organizing or sponsoring the parade. Following this announcement, City staff spoke to Rotary Club members to assess their interest in continuing to participate in parade operations. Due to decreased membership, Rotary indicated that it is no longer able to fulfill its previous roles; however, they provided valuable information to assist with a smooth transition. As a result, the City's Parks and Leisure Services Department will assume responsibility for organizing and managing the Christmas Parade, including all logistics and event coordination. The Parks and Leisure Services Department produces several large-scale community events annually and is well-positioned to support the continuation of the parade.

As the City assumes responsibility for the parade, staff will explore ways to build upon the event’s success by strengthening community partnerships, identifying sponsorship opportunities to offset costs, and create parade enhancements. The goal is to preserve the tradition of the Christmas Parade while continuing to grow it as a premier holiday event for the Porterville community. The City's estimated annual cost to support the Christmas Parade is approximately $10,000. This includes personnel, portable restrooms, lighting, and other ancillary event-related expenses. Parks and Leisure Services will assume an additional estimated $6,800 in staff time and other expenses to produce the parade.

RECOMMENDATION: This report is for informational purposes only.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 1.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Approval of Draft City Council Minutes
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of March 17, 2026, March 18, 2026, and March 30, 2026.

RECOMMENDATION: That the Council approves the draft Minutes of March 17, 2026, March 18, 2026, and March 30, 2026.

ATTACHMENTS: 1. Draft Minutes of March 17, 2026

2. Draft Minutes of March 18, 2026

3. Draft Minutes of March 30, 2026
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 17, 2026, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Councilmember AJ Rivas, Councilmember Stan Green, Councilmember Raymond Beltran, Vice Mayor Edward L. McKervey, Mayor Greg Meister

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-002 And 253-160-059. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and State of California Department of General Services. Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Richard Tree and Yuliana Andrade. Employee Organizations: Management & Confidential Series, Porterville Safety Support Unit, Porterville City Employee Association, And Unrepresented Management Employees.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Daniel Ayala Tapia. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Sell, Gary Lee Jr. v. City of Porterville, et al., Tulare County Superior Court Case No. VCU313488.
5- Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Southern California Edison Company V. California State Board of Equalization, Et Al., Orange County Superior Court Case No. 30-2025-01534286-CU-MC-CXC 6 - Government Code Section 54956.9(d)(2) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) Case in Which Facts Are Not Yet Known to Potential Plaintiff.
7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) Cases.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED

SESSION

City Attorney Lew reported action pertaining to A-3, as follows:

A-3. On a MOTION made by Mayor Meister, and SECONDED by Vice Mayor McKervey the City Council unanimously rejected the claim filed by Daniel Ayala Tapia.

Documentation: M.O. 01-031726
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Rivas.

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

COUNCIL COMMENTS
• Council Member Beltran noted the large turnout for the Council meeting, referenced inappropriate conduct at the prior meeting, and urged attendees to remain professional and set a positive example for the youth who attends Council meetings. • Vice Mayor McKervey agreed with remarks regarding professionalism and community engagement. He reported attending the dedication of new baseball grounds at Porterville College, presenting to the American Legion regarding the Washington Monument dedication at Veterans Park, receiving updates on Lombardi Road traffic improvements, meeting with Burton School District regarding school access issues, and touring Tule River Tribe facilities with Council Member Rivas to support intergovernmental cooperation. • Mayor Meister reported participating in Read Across America at Santa Fe Elementary School, meeting with a developer regarding annexation and in-city development, meeting with Burton School District regarding several local development and traffic matters, and commended the Police Department for quickly solving a recent homicide case. •

REPORTS
I. City Commission and Committee Meetings

1. Arts Commission - February 25, 2026
Commissioner Bonnie Boyd reported the January 27 meeting lacked a quorum, requiring a special meeting on February 18. The Commission approved participation in the 2026 Spring Festival and scheduled its next meeting for April 28, 2026. She also noted a vacant youth seat.

2. Transactions and Use Tax Oversight Committee (TUTOC) - February 25, 2026 No report was provided.

3. Parks & Leisure Services Commission - March 5, 2026
Commissioner Arlene Peña reported progress on park improvements at Murray Park, upcoming aquatics programming including a May pool opening, and strong participation in recent recreation events. She also provided updates on upcoming events, the Wall of Fame ceremony, and youth sports programming.

4. Library & Literacy Commission - March 10, 2026

Chair Irene Ortega presented a library program update, highlighting participation in early literacy, craft activities, game days, bilingual story times, and book clubs, as well as continued collaboration with the school district during the summer lunch program.

5. Youth Commission - March 11, 2026
No report was provided.

II. Staff Informational Reports

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, requested that Item 15 be removed from the consent calendar for public discussion and commented on Lombardi Road traffic issues related to county jurisdiction.
• Rosa Lopez, Porterville, spoke in support of employees affected by Item 15 and urged the Council to consider the value of the impacted positions and staff members. • Leo Hernandez, Porterville, highlighted internal workflow and productivity improvements within the engineering department and asked the Council to allow staff additional time to demonstrate continued progress.
• Richard Eckoff, Porterville, objected to Item 15 being placed on the consent calendar and argued that outsourcing was inappropriate for a city the size of Porterville. • Unknown Name, Porterville, asked the Council to direct the City Manager to evaluate a defense manufacturing opportunity related to military airspace near the airport. • Martha A. Flores, Porterville, requested that Item 15 be moved to scheduled matters and raised procedural and financial questions regarding the proposal. • Ricardo Bustamante, Porterville, urged the Council to allow staff the opportunity to continue ongoing improvements and emphasized the value of institutional knowledge. • Virginia Gurrola, Porterville, requested further review of Item 15, questioned the lack of cost analysis, and expressed concern about consultant-based service delivery. • George Gudino, Porterville, expressed concern that consultant services would increase costs, reduce responsiveness, and result in higher fees for the public. • Karen Anderson, Porterville, argued the proposal conflicted with the City’s local economic support efforts, criticized other recent spending decisions, and objected to reduced public comment time.
• Gladys Gonzalez, Porterville, emphasized the importance of long-standing relationships between staff and the community and stated those relationships could not be outsourced. • Jean Vafeades, Porterville, raised concerns regarding recent Council conduct, spending decisions, and what she described as attempts to exert personal control over city operations. • Maggie Salazar, Porterville, described her work in business recruitment and economic development and emphasized the importance of relationship-based outreach. • Chris Leon, Porterville, warned that outsourcing could lead to delays, excessive requirements, and revenue loss, citing examples from other cities. • Sergio Esquivel, Porterville, spoke about the value of locally invested staff and stated that personal accountability in public service could not be replicated through contracts.

• Diane Wagner, Porterville, opposed Item 15, challenged the fiscal justification, raised concerns about economic and ethical impacts, and reported that a petition in opposition had received over 500 signatures.
• Daniel Ortega, Porterville, shared negative experiences with outsourced permit services in Delano and contrasted that with positive experiences working with Porterville staff. • Elizabeth Rose, Porterville, expressed concern about staff morale, the impact on affected families, and the local economic effect of eliminating positions. • Victor Verduzco, Porterville, questioned whether outsourcing would improve efficiency and stressed the importance of retaining institutional knowledge and local control. • Rachel Ginsberg, Porterville, described her GIS responsibilities, including emergency response support during the 2023 flood event, and emphasized the importance of her work to multiple city departments.
• John Duran, Porterville, expressed support for the Council’s direction and stated that change was necessary given the city’s financial condition.
• Sarah Martin, Porterville, compared the proposal to reliance on contract nursing staff and asked the Council to delay action for further review.
• Yolanda Rodriguez, Porterville, addressed alleged defamatory social media posts by Council Member Beltran and his wife, denied code compliance allegations, and submitted a ceaseand-desist notice. • Luis Gonzalez, Porterville, criticized the current Council and expressed hope that a future council would respond more effectively to public concerns and budget issues. • Melissa, Porterville, spoke on behalf of the Rodriguez-Vasquez family, alleged abuse of authority by Council Member Beltran, and stated that the family had filed a formal complaint and reserved legal rights.
• Taha Saleh, Porterville, questioned the adequacy of agenda materials for Item 15, requested more deliberation, and objected to reduced public comment time. • Jesse Vasquez, Porterville, stated that obtaining permits has been difficult in his experience and supported significant changes despite sympathy for affected employees. • Rafaela Woods, Porterville, expressed concern about the local economic impact of the proposed job cuts and linked the issue to downtown vitality. • Ryan Smith, Porterville, praised Porterville’s building department and urged the Council not to make the permitting process more difficult for local contractors. • Rhonda, Springville, expressed concern for affected employees, warned that additional cuts could follow, and objected to recent remarks she found inappropriate. • Alex, credited city inspection staff with protecting infrastructure and warned that reducing staff could create public safety risks.
• Greg Shelton, Porterville, stated that the city’s financial challenges require action and said the Council must consider all available options.
• Scott Bowler, Porterville, raised questions on several consent items and questioned the consistency of outsourcing planning and engineering functions after retaining in-house road maintenance.
• Gabriel Ortega, Porterville, supported prior testimony from contractors and cited negative experiences with outsourced permit services in another city.

• Craig Martin, Porterville, emphasized the importance of public participation and urged the Council to recognize the commitment of residents who attend meetings. • Vikki Cervantes, Porterville, expressed concern about Item 15 being on the consent calendar and called for greater transparency and a fuller explanation of the proposal. • Denice Marchant, Porterville, stated that economic development is best supported by a strong in-house team and referenced past success in attracting major development. • Korey Wells, Porterville, criticized Council Member Beltran’s conduct, alleging inconsistency between his statements and actions, and raised concerns regarding past behavior, including social media practices and prior council actions affecting members of the public.

COUNCIL COMMENTS
• Council Member Beltran responded to public comments regarding social media posts, stating they contained no identifying information, and expressed appreciation for employee participation.
• Vice Mayor McKervey thanked attendees for their input, acknowledged the significance of public comments, and encouraged continued community engagement. • Mayor Meister congratulated Jocelyn Sanabria for completing the fire hydrant mural on Main Street.

CONSENT CALENDAR
Item No. 15 was pulled for further discussion at the request of Mayor Meister.

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

1. AUTHORIZATION TO PURCHASE MOBILE RADIO EQUIPMENT
Recommendation: That the City Council authorize the purchase of mobile radio equipment and vehicle chargers from Cook's Communications in an amount not to exceed $75,905.46, inclusive of a 10% contingency.

Documentation: M.O. 02-031726
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE STRUCTURAL FIREFIGHTING PERSONAL

PROTECTIVE EQUIPMENT
Recommendation: That the City Council authorize the purchase of 40 sets of structural firefighting PPE from Morning Pride in an amount not to exceed $200,318.36, which includes a ten percent (10%) contingency, utilizing funds from the Equipment Replacement Fund.

Documentation: M.O. 03-031726
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE REPLACEMENT PUMP AND MOTOR FOR LIFT STATION 11
Recommendation: That the City Council authorize the purchase of a replacement pump and motor for Lift Station 11 from Flo-Line Technology, Inc. in an amount not to exceed $24,779, inclusive of equipment, taxes, estimated freight, and 10% contingency.

Documentation: M.O. 04-031726
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL COMPONENTS
Recommendation: That the City Council authorize the purchase of traffic signal components from Econolite in an amount not to exceed $68,845.36, including a ten percent (10%) contingency, using funds from the Traffic Signal Upgrade Capital Improvement Plan Budget.

Documentation: M.O. 05-031726
Disposition: Approved.

5. AUTHORIZATION TO PURCHASE PLAYGROUND SURFACING FOR FALLEN

HEROES PARK
Recommendation: That the City Council authorize the purchase and installation of playground surfacing for Fallen Heroes Park from GameTime in an amount not to exceed $172,302.11, which includes a ten percent (10%) contingency, subject to the availability of Community Development Block Grant (CDBG) Park Improvement Funds.

Documentation: M.O. 06-031726
Disposition: Approved.

6. AUTHORIZATION TO REPLACE DOWNTOWN MURAL
Recommendation: That the City Council authorize Omni Graphics to replace the downtown hot air balloon mural for $6,029.19, which includes a ten percent (10%) contingency, from the Community Benefit Program account.

Documentation: M.O. 07-031726
Disposition: Approved.

7. AUTHORIZATION TO REPAIR CITY WELL NO.26
Recommendation: That City Council authorize the repair of City Well No. 26 by Valley Pump & Dairy Systems in an amount not to exceed $42,254, inclusive of parts, labor, taxes, and a 10 percent contingency.

Documentation: M.O. 08-031726
Disposition: Approved.

8. APPROVAL OF AN AMENDMENT TO THE FISCAL YEAR 2025-2026 TRANSIT

BUDGET AND ACCEPTANCE OF THE TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM
Recommendation: That the City Council:

1. Adopt the attached resolution amending the Fiscal Year 2025-2026 Transit Fund budget and approving the Transportation Development (TDA) claim;

2. Authorize staff to submit the necessary updates to the Tulare County Association of Governments (TCAG) and the Federal Transit Administration (FTA); and

3. Authorize the Finance Director to make the necessary budget adjustments.

Documentation: M.O. 09-031726, Resolution No. 11-2026
Disposition: Approved.

9. AUTHORIZATION TO NEGOTIATE A CONSULTANT AGREEMENT FOR

NITRIFICATION/DENITRIFICATION DESIGN SERVICES
Recommendation: That the City Council authorize staff to negotiate a scope of services contract with Carollo Engineers for nitrification/denitrification design services.

Documentation: M.O. 10-031726
Disposition: Approved.

10. AUTHORIZATION TO MODIFY PREVIOUSLY APPROVED CARGO CONTAINER

QUANTITY AND SIZE

Recommendation: That the City Council approve the requested addendum to allow a total of five cargo containers, consisting of two (2) 8' × 40' containers and three (3) 8' × 30' containers.

Documentation: M.O. 11-031726
Disposition: Approved.

11. AUTHORIZATION TO SCHEDULE A PUBLIC HEARING FOR CONSIDERATION

OF REVOCATION OF BUSINESS LICENSES
Recommendation: That the City Council authorize the City Clerk to notice a public hearing for April 7, 2026, to consider the revocation of the business licenses issued for massage businesses located at 188 West Olive Avenue, 1365 West Olive Avenue, and 1531 West Olive Avenue.

Documentation: M.O. 12-031726
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT APPLICATION — "PORTERVILLE CELEBRATES READING" EVENT
Recommendation: That the City Council approve the Community Civic Event Application for the “Porterville Celebrates Reading” event on April 11, 2026, at Veterans Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and the Outside Amplifier Permit.

Documentation: M.O. 13-031726
Disposition: Approved.

13. APPROVAL OF COMMUNITY CIVIC EVENT APPLICATION — KIWANIS CLUB OF PORTERVILLE "FLOWER TREASURE HUNT" EVENT
Recommendation: That the City Council approve the Community Civic Event application submitted by the Kiwanis Club of Porterville for the "Flower Treasure Hunt" Event on April 4, 2026, at Tule River Parkway, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 14-031726
Disposition: Approved.

14. ADOPTION OF THE CITY OF PORTERVILLE ACTIVE TRANSPORTATION PLAN Recommendation: That the City Council adopt the attached resolution adopting the City of Porterville Active Transportation Plan.

Documentation: M.O. 15-031726, Resolution No. 12-2026
Disposition: Approved.

PUBLIC HEARINGS

16. RAMIREZ RESIDENTIAL SUBDIVISION PROJECT
Recommendation: That the City Council:

1. Conduct a public hearing to receive public comments regarding the Ramirez Residential Subdivision Project;

2. Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Ramirez Residential Subdivision Project;

3. Adopt a Resolution approving the Tentative Subdivision Map for the Ramirez Residential Subdivision Project (PRC 2024-026-S); and

4. Adopt a Resolution requesting that the Tulare County Local Agency Formation Commission (LAFCo) initiate proceedings for annexation of approximately 11.47 acres into the City of Porterville and detachment from County Service Area No. 1.

City Manager Tree introduced the item, and Economic Development and Housing Manager Luisa Zavala presented the staff report.

Mayor opened the Public Hearing at 8:25 p.m.
• Gary Locks, Porterville, stated he previously opposed a higher-density version of the project but has no objection to the current proposal, which is consistent with surrounding development. He inquired about abandonment of existing wells and minimum home sizes. • A representative from AW Engineering confirmed that homes will be approximately 2,500 square feet and that existing wells will be abandoned upon connection to city utilities.

Mayor Meister closed the public hearing at 8:28 p.m.

Council members expressed support for the project. Vice Mayor McKervey noted he had toured the area and welcomed the applicant's reversal of Mr. Locks' prior opposition as a positive sign. Mayor Meister noted that homes projected at approximately $650,000 would attract professionals to the area and contribute to the local housing stock. He also confirmed that block walls will be installed along Newcomb Street in accordance with the city's subdivision ordinance.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Council Member Rivas that the City Council approve the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approval of a Resolution approving the Tentative Subdivision Map for the Ramirez Residential Subdivision Project (PRC 2024-026-S), and adoption of a resolution requesting LAFCO to initiate annexation proceedings for approximately 11.47 acres into the City of Porterville and detachment from County Service Area No. 1. The motion carried unanimously.

Documentation: M.O. 16-031726,
(CEQA) Resolution No. 13-2026,
(TSM) Resolution No. 14-2026,
(LAFco) Resolution No. 15-2026
Disposition: Approved.

SECOND READINGS

17. SECOND READING - ORDINANCE 1930 - ENTERTAINMENT ZONES Recommendation: That the Council give Second Reading to Ordinance No. 1930, waive further reading, and adopt said Ordinance.

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

Council Member Beltran requested clarification on anticipated police overtime costs associated with events under the ordinance.

City Manager Tree estimated overtime costs at approximately $70 per officer per hour.

Police Chief Bobby Rader stated that staffing would likely range from two to six officers per event, with total overtime costs estimated between $1,500 and $4,000, and noted that actual costs would be determined post-event and could be reported afterward.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council give Second Reading to Ordinance No. 1930, being AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15.20 OF THE PORTERVILLE MUNICIPAL CODE TO ESTABLISH ENTERTAINMENT ZONES, waive further reading, and adopt the Ordinance.

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

Documentation: M.O. 17-031726, Ordinance No. 1930
Disposition: Approved.

SCHEDULED MATTERS

15. APPROVE CONSOLIDATION OF THE COMMUNITY DEVELOPMENT AND

ENGINEERING & PROJECT MANAGEMENT DEPARTMENTS
Recommendation: That the City Council:

1. Approve the proposed reorganization consolidating the Community Development Department and the Engineering and Project
Management Department into a single Planning and Engineering Department;

2. Authorize staff to implement the organizational and staffing changes necessary to carry out the new departmental structure; and

3. Direct staff to complete the meet-and-confer process with the affected bargaining units and implement the reorganization consistent with the City’s personnel policies and applicable labor agreements.

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

Vice Mayor McKervey moved the item, citing long-term growth goals and existing fiscal challenges. He stated that a more efficient development services model is necessary and that consolidation would improve service delivery. He expressed confidence in a fair meet and confer process and suggested consideration of severance for affected employees.

Council Member Rivas seconded the motion, expressed support for the reorganization based on fiscal concerns, and emphasized fair treatment and reassignment opportunities for impacted employees.

Council Member Beltran expressed concerns regarding insufficient data, lack of comparable city analysis, and the Councils fiscal responsibilities. He emphasized the value of institutional knowledge, questioned the timing of the proposal relative to ongoing consultant reviews, and requested the item be tabled for further analysis.

Mayor Meister supported the proposal, citing goals of reducing regulation and improving efficiency. He referenced existing use of consultants, raised concerns about information leaks, and noted that development fees have not been updated in over twenty years. He emphasized opportunities for affected employees through the meet and confer process and stated adjustments could be made if needed.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Council Member Rivas that the City Council approved the proposed reorganization consolidating the Community Development Department and the Engineering and Project Management Department into a single Planning and Engineering

Department, authorize staff to implement the organizational and staffing changes necessary to carry out the new departmental structure, and direct staff to complete the meet-and-confer process with the affected bargaining units and implement the reorganization consistent with the City’s personnel policies and applicable labor agreements.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 18-031726
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - March 4, 2026 Council Member Beltran reported on the March 4 LINC Committee meeting, noting approval of prior minutes, current budget status, and that the Navigation Center remains at capacity with ongoing housing placements. He provided updates on facility improvements, identified service gaps including legal assistance and volunteer barbers, and noted planning for upcoming fundraising efforts. The next meeting is scheduled for April 1.

2. Tule East Groundwater Sustainability Agency (TEGSA) Special Meeting - March 4, 2026
Public Works Director Robert Alvarez reported on the March 4 TEGSA meeting, including approval of prior minutes, authorization of an agreement with the City for services, and confirmation of TEGSA’s GSA status. He noted a public hearing scheduled for March 11, ongoing coordination with Tulare County on well permits, and legislative progress on AB 568.

3. Heritage Committee Meeting - March 9, 2026
reported on the Heritage Committee meeting, highlighting project updates including the Westfield Bridge banner concept, first responder’s mural, and potential historical mural. He noted planning efforts for the Washington Monument dedication and coordination with community groups for upcoming events.

4. Mighty 190 Meeting - March 9, 2026
City Manager Tree reported on a Highway 190 partnership meeting, noting collaboration among regional agencies and organizations to promote tourism. He shared data on tourism’s economic impact in Tulare County and highlighted ongoing promotional efforts and community event planning.

5. Tule East Groundwater Sustainability Agency (TEGSA) - March 11, 2026 Council Member Green reported on the March 11 Tule East GSA meeting, noting Porterville’s approval for inclusion, adoption of a resolution, and authorization of agreements, grant applications, and participation in monitoring programs. He also reported on staffing and budget direction and upcoming agenda items.

6. Tulare County Association of Governments (TCAG) - March 16, 2026 Mayor Meister, Council Member Rivas, and City Manager Tree reported on the March 16 TCAG meeting, noting funding allocations for streets and transit, updates on regional transportation projects, and an increase in year-to-date revenues. The next meeting is scheduled for April 20.

ORAL COMMUNICATIONS
• Jean Vafeades, Porterville, encouraged residents to read a local opinion article regarding the actions and intentions of certain council members.
• Richard Eckhoff, Porterville, provided historical perspective on the city’s engineering functions and argued that growth requires expanding city capacity, not reducing it. • Alexis Espinoza, Porterville, raised concerns about transparency for affected employees, referenced emotional reactions following the vote, noted recent project success under current staff, and offered volunteer support to the Navigation Center. • Diane Wagner, Porterville, called for accountability from council members, thanked the City Attorney for her service, and warned against further outsourcing of city functions. • Taha Saleh, Porterville, expressed disappointment with the outcome of the meeting, criticized the Council’s response to public testimony, and thanked the City Attorney for her service.
• Elizzian Rose, Porterville, argued that reducing staff while expecting improved performance was unreasonable and urged stronger advocacy from Council Member Green. • Brock Neeley, Porterville, argued that educational attainment is key to economic growth and criticized the Council’s approach to assigning credit and blame for city issues. • Korey Wells, Porterville, criticized Council Member Beltran’s conduct and alleged a pattern of using public office to target private citizens.
• Greg Shelton, Porterville, expressed support for the Council’s direction, stated that financial challenges require action, and criticized personal attacks against council members. • Grant Wagner, Porterville, opposed Item 15 and urged council members to speak independently if they disagreed with the majority.
• Scott Bowler, Porterville, announced his intent to run for city council and criticized the Council’s lack of outreach and handling of employees affected by Item 15. • Adrian Moraga, Porterville, commended the inclusion of language in the reorganization plan addressing potential reassignment of affected employees. • Lee Qualls, Porterville, described the emotional impact of the vote on employees and asked the mayor to personally address remarks that had caused hurt.

OTHER MATTERS
• Council Member Beltran announced upcoming community events, encouraged public participation, and promoted CDBG-related surveys. He addressed business license enforcement, expressed concerns about the City’s condition and administrative leadership, noted ongoing changes, and announced he will not seek reelection. • Vice Mayor McKervey acknowledged recent decisions, emphasized the need for organizational change, expressed confidence in staff and Council direction, and encouraged unity while discouraging politicization.
• Mayor Meister clarified that business license revocations will be heard at a future meeting, supported strengthening ordinances, and addressed prior remarks regarding employees.

He emphasized emergency preparedness, economic growth, and operational efficiency. • City Manager Tree recognized staff efforts in onboarding GSA personnel, commended public safety departments, and highlighted successful Parks and Leisure community events.

CLOSED SESSION
None.

ADJOURNMENT
The City Council adjourned at 10:10 p.m. to the meeting of April 7, 2026, at 5:30 p.m.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 18, 2026, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Councilmember AJ Rivas, Councilmember Raymond Beltran, Vice Mayor Edward L.

McKervey, Mayor Greg Meister

Absent: Councilmember Stan Green
The Pledge of Allegiance was led by Mayor Meister
Invocation – a member of the public gave an invocation.

ORAL COMMUNICATIONS
• Greg Shelton, Porterville, addressed the council, clarifying the proposed vacancies as a cost-saving measure, criticizing political narratives, attributing financial shortfalls to past mismanagement, and expressing support for the council.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957 - Public Employee Appointment/Employment: Title:

City Attorney

RECONVENE OPEN SESSION (AND REPORT ON ANY REPORTABLE ACTION

TAKEN IN CLOSED SESSION)
No reportable action had taken place during closed session.

ADJOURNMENT –
The City Council adjourned at 7:00 p.m. to the meeting of April 7, 2026, at 5:30 p.m.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 30, 2026, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member AJ Rivas, Council Member Stan Green, Council Member Raymond Beltran, Vice Mayor Edward L. McKervey, Mayor Greg Meister
The Pledge of Allegiance was led by Mayor Meister.

Invocation - Two members of the public came forward and gave an invocation.

ORAL COMMUNICATIONS
• Andrew Buzzelli, Porterville, stated the Council improperly placed a departmental consolidation on the consent calendar, limited public comment, and may have violated open meeting laws by discussing it in closed session. He urged the Council to withdraw and nullify the decision.
• Jean Vafeades, Porterville, opposed proposed charter amendments, saying they would shift power away from taxpayers. She also raised concerns about employee layoffs in favor of consultants, hiring an out-of-town city attorney, possible misuse of library funding, and criticized comments made by the Vice Mayor about public speakers. • Ann Marie Wagstaff, Porterville, criticized the department reorganization as rushed and based on insufficient information, noting it was placed on the consent calendar. She called for more transparency, discussion, and collaboration in decision-making. • Taha Saleh, Porterville, thanked certain Council members for community involvement and expressed appreciation for serving on the Charter Review Committee. He voiced concern that giving the Council authority over department heads could lead to micromanagement. • Brock Neeley, Porterville, warned that requiring Council approval for department head decisions would weaken the city manager’s role. He also highlighted the high costs of placing measures on the ballot, estimating significant expenses per item and for consolidated elections.

SCHEDULED MATTERS

1. REVIEW OF CHARTER AMENDMENT RECOMMENDATIONS
City Manager Tree introduced the item and presented the staff report.

City Manager Rich Tree reviewed the charter amendment process, noting it began with 41 potential amendments in October 2025, was reduced to seven items in January 2026, and narrowed

to four items presented to the Council: voter identification for local elections, local control of public works and contracting, Council authority over department head appointments and removals, and filling Council vacancies by election. He also noted the Charter Review Committee identified additional considerations, including general charter updates and unresolved issues related to atlarge versus district-based election language.

City Attorney Julia Lew explained that the City’s charter is more detailed than those of most modern charter cities, which typically use shorter, framework-style documents. She clarified that charter changes require voter-approved amendments, while ordinances may address issues not specified in the charter if consistent with applicable laws. She also discussed the option of modernizing the charter by removing overly specific provisions to allow greater flexibility through ordinances rather than frequent ballot measures.

Voter Identification for Local Elections
Mayor Meister expressed support for voter identification due to concerns about election integrity but questioned the timing of placing the measure on the ballot given associated costs and pending federal and state actions.

Vice Mayor McKervey agreed with delaying the measure, citing confidence that voter ID would be addressed at higher levels of government and noting the City’s significant financial challenges.

Council Member Green concurred with postponement, suggesting the issue be handled by the federal and state government.

Council Member Beltran voiced support for voter ID in principle and noted that proposed language may help avoid legal challenges experienced by other cities.

Council Member Rivas observed no significant voter fraud issues locally and supported a wait-and-see approach, while acknowledging the proposed amendment language.

The Council reached consensus not to advance the voter identification amendment at this time, with direction to postpone the item.

Local Control of Public Works and Contracting
Mayor Meister proposed simplifying the charter’s public works provisions by replacing the detailed Section 61 with a streamlined provision allowing the City to perform its own work or contract with other public agencies. He stated this would help address the road maintenance backlog more cost-effectively, noting the City’s ability to complete approximately one lane mile per $100,000 through self-performance.

City Attorney Lew confirmed that the simplified language proposed would eliminate the existing procurement threshold from the charter by removing detailed provisions in Section 61.

Vice Mayor McKervey supported the simplified approach, noting that dollar thresholds in the charter quickly become outdated and require repeated ballot measures to update.

Council Member Beltran expressed concern about the fiscal impact of broad selfperformance authority, particularly regarding Measure I funds and potential over-allocation of resources to roadwork. He also questioned the reliability of the existing 20% labor cost formula. City Attorney Lew clarified that Measure I cannot legally have restricted spending requirements without affecting its status.

Council Member Green supported simplifying the charter language and noted that the existing $5,000 procurement threshold is outdated.

Council Member Rivas expressed support for advancing the proposed item.

Public Works Director Robert Alvarez reported that a Pavement Condition Index (PCI) survey had not been conducted in approximately five years and that staff is currently assessing road conditions as part of the upcoming budget process.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve placing a charter amendment on the ballot to amend Section 61 to read, in substance, that the city shall have the power to perform any work of improvement, replacement, repair, or maintenance by use of its own forces and is not required to contract for such work, including the construction of such work, and may also contract with other public agencies for such work.

AYES: Rivas, Green, McKervey, Meister
NOES: Beltran
ABSTAIN: None
ABSENT: None
Documentation: M.O. 01-033026
Disposition: Approved.

Council Involvement in Department Head Appointments and Removals Mayor Meister recognized the intent to increase Council accountability over department directors but questioned whether the $30,000 cost of placing the measure on the ballot was justified, suggesting similar outcomes could be achieved through internal policy.

Vice Mayor McKervey expressed concern that the proposed amendment could make the Council overly involved and suggested using performance agreements between the city manager and department directors as an alternative accountability measure.

Council Member Rivas agreed with concerns about granting Council hiring and firing authority, noting it could lead to politically motivated decisions by future Councils.

Council Member Green opposed the amendment, stating it would significantly weaken the city manager’s role and supported maintaining the current structure.

Council Member Beltran noted recent turnover among department directors as evidence that change is already occurring without a charter amendment and cautioned that increased Council authority could hinder recruitment of qualified candidates.

COUNCIL ACTION:

MOVED by Vice Mayor Mckervey, SECONDED by Council Member Rivas that the City Council recommend that the city manager establish individual performance agreements with department directors as a means of providing accountability, without a charter amendment. The motion carried unanimously.

Documentation: M.O. 02-033026
Disposition: Approved.

Mayor Meister clarified that the motion was a recommendation to the city manager rather than a charter change, and therefore did not require a ballot measure.

Filling Council Vacancies by Election Rather Than Appointment Mayor Meister explained the intent to ensure voters select their representatives, citing a past vacancy where an appointed Councilmember served approximately two and a half years without an election. He emphasized returning that decision to the people.

City Attorney Lew described current charter provisions allowing vacancies to be filled by appointment until the next general municipal election. She summarized the proposed amendment requiring a special election within 30 to 180 days of a vacancy, with a temporary appointment allowed in the interim, and noted the estimated costs of approximately $100,000 for a special election and about $10,000 per district if consolidated with a general election.

Council Member Beltran proposed a time-based approach, suggesting appointments be used when the remaining term is one year or less, and a special election be required if the term exceeds one year.

Council Member Green supported the concept but emphasized the importance of clear and simple language for voters.

Council Member Rivas agreed that a time-based threshold is necessary and supported the one-year standard for determining whether to appoint or hold an election.

Vice Mayor McKervey shared personal experience with Council appointments and described a pattern of vacancies being filled without elections over several years. He supported the principle of increasing voter participation but expressed uncertainty whether the current draft language fully achieved the intended outcome.

COUNCIL ACTION: MOVED by Mayor Meister, SECONDED by Vice Mayor McKervey that the City Council approve placing a charter amendment on the ballot to require that Council vacancies be filled by special election when the remaining term exceeds one year, with the Council authorized to make a temporary appointment to fill the seat until that special election is held. The motion carried unanimously.

Documentation: M.O. 03-033026
Disposition: Approved.

Additional Charter Housekeeping Direction
Vice Mayor McKervey proposed reviewing the charter as a constitutional document and exploring a single, streamlined amendment to address multiple outdated provisions, including Council compensation and procurement thresholds, rather than separate ballot measures.

City Attorney Lew confirmed the approach was feasible and noted that the previously approved self-performance amendment would remove the procurement threshold in Section 61.

She cautioned that removing charter provisions without replacement would default to general law.

City Attorney Lew (Election Provisions) addressed the conflict between the charter’s at-large election language and the City’s ordinance establishing district-based elections, noting the charter had not yet been updated. She recommended a housekeeping amendment to allow the election method to be set by ordinance for greater flexibility.

Mayor Meister expressed support for eventually returning to at-large elections, citing increased competition and voter choice.

City Attorney Lew addressed the Airport Leases and reported that the Airport Committee requested consideration of a charter amendment related to the 90-day lease cancellation notice for airport property. The Council discussed the item briefly, with no formal action taken, and it was suggested the issue could be included in broader housekeeping amendments.

COUNCIL ACTION: MOVED by Vice Mayor McKervey, SECONDED by Mayor Meister that the City Council direct staff and legal counsel to work together to refine language for a streamlined charter amendment addressing outdated provisions, including those related to Council compensation and procurement thresholds, with the intent of allowing such matters to be set by ordinance rather than fixed in the charter, and to bring the refined

language back to the Council for a final vote. The motion carried unanimously.

Documentation: M.O. 04-033026
Disposition: Approved.

City Manager Rich Tree sought direction on whether the Charter Review Committee should continue its work or whether staff should complete remaining refinements. The Council directed staff, in coordination with legal counsel, to finalize ballot language and return it for approval without further formal Committee meetings due to time constraints.

Greg Shelton, Charter Review Committee Chair, offered to assist informally with refining language and advised against bundling too many changes into a single amendment, noting it could create vulnerabilities and reduce the likelihood of voter approval. He emphasized the importance of strong, clear measures.

Members of the council expressed appreciation to the Charter Review Committee for its service and directed that the Committee be formally disbanded, with a future agenda item to be brought forward for official action. Mayor Meister noted that a future Council could form a new Charter Review Committee after the next election cycle.

ADJOURNMENT
The Council adjourned at 7:34 p.m. to the meeting of April 7, 2026, at 5:30 p.m.

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

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Purchase Public Records Management Software and Services SOURCE: Administrative Services
COMMENT: The California Public Records Act (CPRA) requires the City to respond to public records requests in a timely and transparent manner. In recent years, both the volume and complexity of requests have increased, placing additional demands on staff and existing processes. The City’s current approach relies on email, spreadsheets, and manual tracking, which has become less efficient, particularly for requests involving multiple departments or large volumes of records.

Additionally, the City does not have a comprehensive tool to efficiently search and review large datasets, such as email communications. As a result, staff must review records individually to determine responsiveness and identify applicable exemptions, which can be time-consuming and may extend response times.

Implementing a centralized Public Records Request management system would streamline and modernize this process by providing a standardized intake portal, automated deadline tracking, and improved routing and oversight through the City Clerk’s Office. These tools would enhance interdepartmental coordination, improve efficiency, and support compliance with statutory timelines.

Modern public records management platforms also include features such as automated email deduplication, batch redaction capabilities, and standardized redaction logs, which reduce manual workload and improve consistency.

Additionally, these systems enhance transparency by providing a public-facing portal where users can submit requests, track progress, and access previously released records, reducing duplicate requests.

Staff solicited proposals from vendors offering public records management solutions, and the following quotes were received:

Vendor Start-Up Year Two
Granicus $18,563 $18,563+
Item No. 2.

CivicPlus $7,894 $12,788
justFOIA $9,835 $10,327
Costs shown reflect initial year and estimated second-year pricing, which may be subject to annual adjustments.

Although JustFOIA has a slightly lower ongoing cost, CivicPlus was determined to provide the best overall value due to its enhanced automation capabilities and compatibility with the City’s existing CivicPlus platform, including Agenda Management and Parks & Leisure modules. This integration will support a more efficient implementation and reduce long-term administrative overhead.

As request volume continues to grow, the City’s current manual approach is becoming less sustainable. A centralized system will improve efficiency, strengthen compliance, and enhance transparency.

Funding for this purchase is available in the City Clerk General Fund operating budget, and no additional appropriation is required.

RECOMMENDATION: That the City Council authorize the purchase of Public Records Management Software and services from CivicPlus in an amount of $7,894 for the initial term and $12,788 for the second year, subject to a potential annual increase of up to 5%.

ATTACHMENTS: 1. Granicus Quote

2. CivicPlus Quote

3. JustFOIA Quote
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk THIS IS NOT AN INVOICE Order Form
Prepared for
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

Granicus Proposal for Porterville, CA

ORDER DETAILS
Prepared By: Chloe Scheer
Phone:

Email: [email protected]
Order #: Q-532872
Prepared On: 25 Mar 2026
Expires On: 20 May 2026
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 12 months.

ORDER TERMS
Order Form
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Public Records Request Management
Annual 1 Each $10,390.00
Public Records Request Management
Annual Services and Maintenance Annual 1 Each $1,560.00 Hosted Data Storage (TB)
Annual 2 Each $0.00
Image-to-Text Conversion (OCR)
Annual 1 Each $3,195.00
PST Email Extractor
Annual 1 Each $2,556.00
Image-to-Text Conversion (OCR) Annual
Services and Maintenance Annual 1 Each $479.25
PST Email Extractor Annual Services and
Maintenance Annual 1 Each $383.40
SUBTOTAL: $18,563.65
• Once purchased data storage has been exceeded, data storage is billed in increments of 1TB over the purchased data storage amounts herein and will be assessed an additional annual fee of $1,200.00 and billed in arrears. Storage is reviewed annually and is adjusted at the next annual renewal. Throughout the term of the contract Porterville, CA is able to contact Granicus for a report on how much storage has been used.

Order Form
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

PRODUCT DESCRIPTIONS
Solution Description
Public Records Request
Management
Annual subscription to a centralized public records request management and tracking platform which includes:A branded public portal for request intake with a patented, request deflection technology optionAutomated date calculation that uses public records law and organization work schedules to calculate request due datesHighly configurable automated workflow rules to automate request processing and routine tasksRequest tracking with monitoring tools, configurable escalations, and a complete audit trailRedaction Tool with unlimited user licensesBilling features include configurable fee schedule, time and materials tracking, and the ability to generate and present estimates and invoices to requestersA robust reporting suiteHosting in Microsoft Azure Gov, a CJIS and HIPAA compliant environmentAudited annually by third party auditors for FISMA Moderate, CJIS, HIPAA, and SOC 2 Type 2 compliance.

Public Records Request
Management Annual Services
and Maintenance
Year 1 Services: The Granicus Services Team will conduct weekly requirements-gathering interviews with the customer over a period of 12-16 weeks during which the consultant will identify the system configuration needed for successful intake, analysis, and disposition of Public Record Requests in a manner that matches or enhances the customer’s existing Public Record Request business processes and aligns with industry best practices. The Services Team will configure up to 2 Public Record Request Types, up to 40 automated workflow rules, and will coach the customer’s project team on change management. Once GovQA is configured a designated Trainer will be assigned to perform live training sessions. In final preparation for software launch a transition session will be completed to the Granicus Support and Success Teams.

Year 2+ Services: In addition to Granicus Support and Success the Services team will be available upon request to provide the following GovQA Assistance for customers:
• New Staff Training (4 hours)
• Portal Updates
• Add/Update Retention Schedules
• Custom Field Updates
• Admin Task Updates: Adding Staff, Updating Workflows & Letterhead Templates
• Recommended System Cleanup and Refresh
• Report Creation
• If applicable: Redaction Code Updates
• If applicable: SSO Changes
• If applicable: Payment Vendor Changes
Hosted Data Storage (TB) A secure, cloud-based repository for storing documents related to records requests, designed to meet public sector compliance standards while ensuring dependable access and retention.

Order Form
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

Solution Description
Image-to-Text Conversion
(OCR)
Uses optical character recognition (OCR) to convert documents that contain text that is not natively machine-readable (i.e., flattened with nonselectable text) into machine-readable text allowing these documents to be located via search and more easily redacted.

PST Email Extractor Extract and deduplicate PST or MBOX files into component message files with their attachments, while retaining the original PST or MBOX file.

PST Email Extractor Annual
Services and Maintenance
Year 1: The Granicus Services Team (consultant and technical support engineer) will enable and test these features. The feature's functionality will be reviewed with the customer's project team during workshops.

Year 2+ Services: In addition to Granicus Support and Success the Services team will be available upon request to provide the following GovQA Assistance for customers:
• New Staff Training (2 hours)
• Recommended System Cleanup and Refresh
Order Form
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-532872 dated 25 Mar 2026 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.

It is the responsibility of Porterville, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.

Order Form
Porterville, CA
Order #: Q-532872
Prepared: 25 Mar 2026

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-532872 dated 25 Mar 2026 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Porterville, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-120773-1
CivicPlus Pricing
Approval Date:
3/26/2026 12:36 PM
Expires On: 4/24/2026
Client:

City of Porterville, CA
Bill To:

PORTERVILLE CITY, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Jessica Drummer [email protected] Net 30
Discount(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value

1.00 NextRequest Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount USD -6,394.00
One-time(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value

1.00 NextRequest PT Standard
Implementation
Standard Implementation (Virtual Only): Admin Users: 1
Kickoff Call, 1 Admin Training. Staff Users have Access to a monthly webinar for general training and questions USD 1,500.00
Recurring Service(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value

1.00 NextRequest PT Standard Plan NextRequest Standard Plan for local agencies; Unlimited Staff Users, Up to 10 Admin-Publisher Users, Up to 2TB
Storage. Core Features: Review & Redaction Features,
Payments, IT & Compliance Features
USD 12,788.00

List Price - Initial Term Total USD 14,288.00
Total Investment - Initial Term USD 7,894.00
Annual Recurring Services (Subject to Uplift) USD 12,788.00 Initial Term 24 Months, beginning at signature date.

Total Investment - Initial Term refers to
the first 12 months of the agreement.

Annual Recurring Services (subject to Uplift)
refers to the second 12 months of the agreement.

Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"). By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein.

Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms, the Agreement or this SOW.

Acceptance of Quote # Q-120773-1
The undersigned acknowledges having read, understood, and agreed to be bound by the binding terms and conditions incorporated into this SOW. This SOW shall become effective as of the date of the last signature below (“Effective Date”).

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________

Fernando Gabriel-Moraga
Deputy City Clerk
City of Porterville (“Client”)
Post Office Box 432
Porterville, CA 93258
(866) 761-5301
3717 Apalachee Parkway
Suite 201
Tallahassee, Florida 32311
[email protected]
www.justfoia.com
Dear Fernando Gabriel-Moraga,
Thank you for considering JustFOIA’s Proposal in your organization’s search for a Records Request Tracking Solution.

Please consider the following benefits included with your JustFOIA partnership and subscription:
▪ Long-Term Partnership Ensuring Client Success: We are with you every step of your JustFOIA Client Journey. Our Delivery Team conducts live trainings and partners with you to ensure the system is configured to your unique needs. Our partnership continues throughout your journey, supported by our Technical Support & dedicated Client Success Teams.
▪ Continuous Training: In addition to live training, JustFOIA provides a complimentary subscription to a Learning Management System (LMS) including on-demand continuing educational videos and content. ▪ Government Security & Compliance: All JustFOIA client sites are deployed exclusively on the Microsoft Azure Government Cloud, the Gold Standard in government-level security. As a certified SOC 2 organization, JustFOIA ensures the foundational principles of security, privacy, compliance, and transparency. ▪ Unlimited Administrators, Power Users & General Users: No matter the number of staff involved in records requests, JustFOIA allows unlimited users for all contracted modules at no additional charge. ▪ Configurability & Flexibility: JustFOIA is more than just FOIA. Receive a better return on investment by leveraging the solution for more than public records. Liens, Permits and Subpoenas are just a few client examples. With JustFOIA, you have more control over system settings and functionality than any other solution. Dynamic fields recognize keywords entered by citizens to point them to the right place. ▪ Having a Voice: JustFOIA was created based on client feedback, which continues to be the main source of product roadmap ideas. Clients play an essential role in our product feedback loop, collaborating with JustFOIA’s Product Development & Quality Assurance Teams to ensure powerful and easy-to-use releases.

If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your consideration and hope that we will have the pleasure of partnering with you.

Sincerely,
Chris Di Blasi
Account Executive
(850) 757-7251 | [email protected]

Proposal
Issued: March 20, 2026
City of Porterville

EXECUTIVE SUMMARY
Records request challenges continue to increase, and the call for transparency is at an all-time high. Organizations are selecting JustFOIA to bridge the transparency gap with their community to create an environment of trust and accountability. JustFOIA licenses a software-as-a-service solution (the “Solution”), which is the easiest-to-use records requests software that manages every step of the process from intake to delivery. Our Solution can help you save valuable time by automating repetitive tasks, such as redactions, assignments, reminders, and communication with requesters and responders. It is now essential to leverage technology to streamline your records requests process.

OUR COMPANY
Built by users, for users
JustFOIA, Inc. (“JustFOIA”) began as a product built for MCCi’s public sector clients from a deep understanding gained through 20+ years of servicing municipal clerks, records managers, and the public sector. From its founding roots as a Municode company, MCCi has accelerated more than 1,600 clients’ digital transformation journeys by adding intelligence to their processes.

Because many of these clients were searching for a way to better manage the rise in complexity and volume of their organizations’ records requests, MCCi’s development team and leadership worked hand-in-hand with these clients to simplify the process and provide a better user experience for records managers and the constituents they serve. In 2014, the JustFOIA Solution was launched. Fast forward to 2020, JustFOIA’s success sparked the need for its own brand and evolution into becoming a sister-company to MCCi. In 2022, we celebrated the milestone of over 1 MILLION records requests processed in JustFOIA, serving more than 500 clients in 44 states.

WHAT MAKES US DIFFERENT
Development fueled by client ideas
Our clients continue to be a vital component of our product feedback loop with client success, implementation, and support teams all regularly contributing ideas to product management. With the launch of our Ideas Portal, we ensure clients have a voice, providing a direct line to submit ideas for development consideration, see the status of their development request, and actively vote for the most important features and improvements.

We believe ideas get better when you create an environment of sharing. We regularly organize specialized group discussions, where users with similar challenges engage with our team to make the system work better for them. In addition to testing done by our seasoned, in-house development and quality assurance testing teams, when large features are ready to be tested, we gather beta clients for focus groups and trial usage before releases make it to prime time.

Personalized, consultative services approach
When choosing a records request management solution partner, there are many things to consider. Features and functionality are certainly part of any software partner buying decision, but what will truly dictate your overall experience will be the support you receive during the initial implementation and beyond. We know records requests are only a part of your overall responsibilities, so we start by taking a personalized, consultative approach to the implementation. You’re not expected to figure this out on your own – we take the time to fully understand your unique needs and conduct multiple live trainings with your Administrators and Power Users, making sure the end result is the desired one.
2020 2022 2003 2014
1 MILLION+ records JustFOIA Named to
2024
+
requests processed! GovTech 100

Best-in-class technical support
Once your project is complete, you will have access to our stellar Technical Support Team, maintaining a documented 100% client satisfaction rate, for troubleshooting and supporting the Solution. We offer optional supplementary support packages as well, giving you more access to our staff based on your needs.

Proactive client success
We are fanatical about client success. Don’t just take our word for it—check out our G2 Reviews. Success starts with our eagerness to understand our clients’ needs and where they are headed on their journey to streamlining their records requests processes. We believe in a proactive support methodology, which begins with client education, excellent service, and communication. Your organization will have a dedicated Client Success Specialist that can:
▪ Identify any needs that could easily be addressed by the Solution ▪ Serve as a resource for questions and answers, best practices, how other clients are using the system with the use of documented case studies, support center, etc.
▪ Provide continued education for existing and new users through webinars, workshops, user groups, and more ▪ Coordinate with our sales operations team for pricing/renewals inquiries and budgetary information Easiest-to-use or we’ll retrain you free
We understand that software – no matter how many features it has – can’t be great unless it’s easy to use. We guarantee that JustFOIA is the easiest-to-use records request software, or we will train you again at no extra cost.

To back this up and to supplement our live trainings, we offer our industry-exclusive Learning Management Software platform – The Training Center for JustFOIA – to our clients for free. With unlimited, ondemand access to hundreds of help videos and product documentation, live monthly learning sessions, and peerbased user groups, training new departments and employees is a breeze. We leverage the platform as we roll out JustFOIA to new clients every day, using it to store custom training videos and designing courses for users that simplify training on new features and functionality. If you are as passionate about learning as we are about training, get JustFOIA certified. We offer certifications for Administrators, Power Users and General Users.

WHAT’S INCLUDED WITH JustFOIA PRO PLUS?
FEATURES & SERVICES Pro Plus
Security & Compliance
SOC 2 Certified Organization Partner
Annual Employee Certified CJIS & HIPAA Training
ADA/Section 508 Compliant
CJIS ACE Seal of Compliance
Secure Hosting on Microsoft Azure Government Cloud (FedRAMP Authorized at Level High) Texas Risk and Authorization Management Program (TX-RAMP) Certified Cloud Product System Updates
Single Sign-On (SSO) +
Data Storage & Users
Standard Data Storage Unlimited
Unlimited Administrators, Power Users, General Users, & Viewers Requester Experience
One (1) Configurable Public Portal for Requesters to Submit & Track Requests Search Archive to Allow Requesters to Search Previous Requests Dynamic Form Fields (e.g., conditional fields or messages) User Experience
Retention Schedules
Configurable Workflow for User(s)/Department(s) to Work Concurrently DirectRoute Workflow +
Notifications, Reminders & Alerts
In-App Internal & External (Requester) Communication Tools In-App Redaction with Auto-Redaction (Unlimited Users)
Unlimited File Size in Release to Requester
Any & All Document Management with .PST File Extraction, Response Doc Folder Organization, InApp Document Viewer & Batch Auto-Redaction Time & Materials Tracking
Invoicing Module
Payment Portal for Credit Card Processing (Global Payments, Authorize.net, PayPal, NIC, Catalis, Point And Pay, or Paymentus)
+
Laserfiche Integration for Importing/Exporting Files +
Reporting Dashboard
Standard & Custom Reports through Advanced Reporting
Training/Onboarding
Dedicated Project Lead
Live, Remote Administrator & Power User Training
Live, Onsite Administrator & Power User Training +
One-Week Hypercare Period after Go-Live
24/7/365 Training Center LMS with Client-Specific & General Trainings & Videos Client Service & Support
Live Technical Support from 8:00 AM to 5:00 PM local time within the continental United States Dedicated Client Success Specialist
Monthly Webinars
JustFOIA Supplemental Support Hours +
Included +Optional +Client choice of SSO or Payment Portal Included (Also available as an Optional Add-on)

PRICING
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
850.701.0725
850.564.7496 fax
Client Name: City of Porterville Quote Date: 3/20/2026
Client Address: Post Office Box 432 Porterville, CA 93258 Quote Number: 40851
Quote Type: New JustFOIA System
Product Description: Qty. Unit Cost Total
JustFOIA ANNUAL RECURRING SERVICES
 JustFOIA Pro Plus 1 $9,835.00 $9,835.00
 Single Sign-On (SSO) 1 Included Included
 Any & All Document Management 1 Included Included
 Unlimited Admins, Power Users & General Users 1 Included Included  Unlimited Storage 1 Included Included
SUBTOTAL - RECURRING ANNUAL SERVICES $9,835.00
Service Description: Qty. Unit Cost Total
JustFOIA SERVICE PACKAGES
 Pro Implementation 1 Included Included
 Configuration of 1 Request Form 1 Included Included
• Public Records Requests
 Single Sign-On Configuration 1 Included Included
 Any & All Document Management Configuration 1 Included Included SUBTOTAL - ONE-TIME SERVICES $0.00
YEAR 1 ORDER COST $9,835.00
All Quotes Expire 30 Days from Quote Date
This is NOT an invoice. Please use this confirmation to initiate Client’s purchasing process.

NOTE: The information presented in this document is based on the results of JustFOIA’s and Client’s collaborative preliminary discovery thus far. As planning and discovery continue, the project scope and costs may change to meet the specific needs of Client. JustFOIA will provide Master Services Agreement and Addendum with Assumptions, Terms & Conditions for review and approval prior to the start of any project.

RECURRING SERVICES
Client has elected to license the JustFOIA software provided as a service (the “Solution”).

An annual increase of 5% will be applied to the immediately preceding annual rates (excluding any initial or one-time discounts). The Recurring Services portion of this Order and/or applicable Addendum will renew upon payment of annual renewal invoice or will terminate as set forth below (“Termination” section).

SALES TAX
Sales tax will be invoiced where the Client is not exempt and/or has not communicated its tax status to JustFOIA. Sales tax is not included in the fee quote above.
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TECHNICAL SUPPORT
To support your journey, it’s important to have a plan in case issues or needs arise.

Technical Support
JustFOIA Technical Support is provided for all clients through the online support center, by email ([email protected]), or by telephone (800-342-2633), during business hours of 8:00 AM to 5:00 PM local time within the continental United States. Technical Support covers Solution break/fix support, version updates, and continued educational resources including the JustFOIA Training Center. *Current System Modifications includes Public Portal, Forms, Standard Workflows, Email Templates, Advanced Reports, Custom Dashboards, Dynamic Fields, Users, and Redaction settings.
**New System Configurations includes Users, Forms, Standard Workflows, Email Templates, Advanced Reports, Custom Dashboards, Dynamic Fields, Users, and Redaction settings. This will also include new additional features that are added to Client’s subscription in the future.

Note on Hours usage: JustFOIA allows clients to use their hours for a multitude of post-implementation services, as long as a request will not start a service that cannot be completed within the hours available. The creation of new DirectRoute Workflows is not included in Supplemental Support Services.

JustFOIA
Technical
Support
Services
JustFOIA
Managed
Support
Services
JustFOIA Process
Administration
Support Services
Description Technical JMSS JPASS
Easy access to JustFOIA’s team of support technicians for break/fix support issues (i.e., error codes, bug fixes, etc.) & basic Q&A support
Remote access support through web meeting
Access to version updates, security updates and hotfixes Customized JustFOIA Training Center Support
Access to high-level support technicians with enhanced
knowledge
Remote Training for New/Existing Users
Annual System Review (upon Client request)
System Settings Consultation
Assistance with Current System Modifications*
Assistance with New System Configurations**
Configuration Changes to Routing of Current DirectRoute Workflows
Dedicated Technical Support Professional
Institutional Knowledge of Client’s Solution
Proactive recurring consultation calls upon the Client’s request
Adjust Current SSO or Payment Portal Connections

HOW DOES IT WORK?
Receive Records Requests through Your Configurable Public Portal Direct requesters to an online experience to submit and track the status of their requests, search previous requests, pay invoices, and more. Requesters are automatically notified of receipt.

Reduce Response Times through Workflow
Streamline your process by automating repetitive tasks and communications through process mapping. Departments and users can be assigned and automatically notified of tasks and due dates. Reminders, escalations, reassignments, and approvals are configurable within each task.

Redact Sensitive Information
Automatically redact documents with one click or manually remove sensitive data.

Features include text search, proximity search, redact selected text and/or full page(s). There is no per-user fee, so any user can redact a document if they are permitted by your organization. An exemption log can be automatically generated to accompany each request to explain any redactions.

Import & Organize Response Documents
Easily upload documents from your computer, network or via our optional Laserfiche integration for the requestor to retrieve through your secure JustFOIA Public Portal. Using our optional Any & All Document Management module, extract .PST files and simplify managing hundreds of files.

Estimate & Log Time & Materials
Keep track of the labor, time, and materials costs of fulfilling requests. Configure individual user hourly rates and standard material fees, so invoicing is made simple.

Generate Invoices and Receive Payments
Issue invoices and receive payments inside the Public Portal. Accept all forms of payments including credit cards via our optional, PCI-Compliant Payment Portal, using third-party payment processors.

Analyze Comprehensive Reports
Custom reports are available, in addition to standard reports, such as:
▪ Processed Requests ▪ Fees Totals ▪ Correspondence
▪ Bottlenecks ▪ Time and Materials ▪ Open Requests
▪ User Activity ▪ Deleted Requests ▪ Request Retention
▪ Paused Requests ▪ User Task Activity ▪ Payment Details Centralize All Communications – With the Requester and Internal Create transparency and simplify your communications both internally and externally. Design and automate common communications with templated messages and workflows.

Create Custom Request Forms
Modernize paper forms and emailed PDF requests with as many configurable, web-based forms as you want. Digital forms allow you to quickly collect all the information you need from the start!

WORLD-CLASS, STANDARD SECURITY & COMPLIANCE
JustFOIA is committed to providing a secure platform for our clients that meets or exceeds industry standards.

JustFOIA’s SOC 2 Type 2 certification, as defined by the American Institute of Certified Public Accountants (AICPA) demonstrates that an external auditing firm has verified the implementation of strict information security and risk management policies and procedures. JustFOIA’s CIO is CISSP certified. All JustFOIA client sites are deployed exclusively on the Azure Government Cloud, which was built upon the foundational principles of security, privacy and control, compliance, and transparency. JustFOIA is also the only TX-RAMP Certified records request management cloud product.

SOC 2 COMPLIANCE
The official SOC 2 audit report provides a thorough review of processes relating to risk management, including:
▪ Internal Controls ▪ Access Management Policies ▪ Subservice Due Diligence ▪ IT Infrastructure ▪ Software Development Lifecycle ▪ Change Management Procedures ▪ Logical Security ▪ Network Security ▪ Physical Security ▪ Environmental Security ▪ Computer Operations ▪ Business Continuity ▪ Disaster Recovery Plans ▪ Acceptable Use Policies ▪ Corporate Ethics

MICROSOFT AZURE GOVERNMENT CLOUD
Microsoft Azure Government Cloud is FedRAMP Authorized at Level High and designed to handle data subject to certain government regulations and requirements, such as NIST800.171 (DIB), ITAR, IRS 1075, DoD L4, and CJIS. Azure Government uses physically isolated datacenters and networks (located in U.S. only).

ENCRYPTED DATA
The Solution is a web-based application, and all HTTP communications are secured in transit by TLS 1.2 (aka HTTPS).

Your data is encrypted at rest transparently using 256-bit AES encryption, one of the strongest block ciphers available, and is FIPS 140-2 compliant.

WEB APPLICATION FIREWALL
Azure Web Application Firewall (WAF) provides protection of your web applications from common exploits and vulnerabilities. SQL injection and cross-site scripting are among the most common attacks. WAF on Application Gateway is based on Core Rule Set (CRS) 3.1, 3.0, or 2.2.9 from the Open Web Application Security Project (OWASP).

With no additional configuration required, the WAF automatically updates to protect against new vulnerabilities.

LAYER 7 LOAD BALANCING & NETWORK SECURITY GROUPS
Load Balancing distributes traffic across multiple servers to improve availability and performance. Azure Application Gateway serves as a web traffic load balancer that directs traffic to web applications. While traditional load balancers operate at the transport layer (OSI layer 4), Azure Application Gateway makes routing decisions based on additional attributes of an HTTP request, such as URI path or host headers. Application layer (OSI layer 7) load balancing gives the JustFOIA team greater control in managing the Solution’s infrastructure. As a second layer of protection, Network Security Groups applied will only allow traffic that is explicitly defined as allowed.

MONITORING & PERFORMANCE ANALYSIS
Our monitoring and alerting systems notify our Network Operations Center (NOC) of any issues with availability or performance. Our engineers are available 24/7 to address any cloud infrastructure issues.

P2S = POINT TO SITE VPN
Support & administrative personnel access the Solution’s backend infrastructure via secure VPN connections only.

UPDATE MANAGEMENT
Updates for Windows Server OS and SQL Server are managed through Azure Automation Update Management, deploying critical and security updates monthly and classification updates quarterly.

AZURE BACKUP & SITE RECOVERY SERVICES
Azure’s backup service provides independent and isolated backups to guard against accidental destruction of original data. Backups are encrypted and stored in a Recovery Services Vault with built-in management of recovery points.

The Solution’s Disaster Recovery is built upon Azure Site Recovery (ASR), a native disaster recovery as a service that replicates all Virtual Machine disks (OS and Data for all web, application, and database servers) from the Azure Region hosting your production environment to a geographically disparate Azure Region. Replicas are kept up to date within five (5) minutes.

ONGOING SECURITY INNOVATION
As you can see, we take numerous measures to secure your data. While we're confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate, maintain state of the art security measures, and thoroughly investigate any reported security issues concerning JustFOIA's services or software.
508/ADA COMPLIANCE
As part of our ongoing commitment to providing the easiest-to-use records requests software, we are dedicated to providing a web application that is accessible to the widest possible audience, regardless of technology or ability. As such, we strive to remove barriers that might prevent a person with disabilities from using our products by adhering to the Revised Section 508 Standards published by the United States Access Board.

The WCAG level of compliance is approved by the ADA for websites and provides recommendations for making content accessible. JustFOIA’s citizen-facing pages perform at a Level AA (or level two) conformance to these guidelines, including:
▪ Text Equivalents: Alternative text for appropriate images and other non-text elements ▪ Full Keyboard Access: Built so that it can be accessed using a keyboard ▪ Site Consistency: Feature and functions perform the same way every time ▪ Site Structure: Appropriate headings, lists, paragraphs, style sheets, and other format features to enable easy use with assistive technology
▪ Links: Descriptive link titles, unless the link text already fully describes the target JustFOIA routinely completes a Voluntary Product Accessibility Template (VPAT) and engages with external consultants certified by the International Association of Accessibility Professionals to ensure our Solution conforms with required standards. Our VPAT Report allows us to provide the data needed for your procurement team to verify that the JustFOIA Solution complies with Section 508 technical requirements.

CLIENT JOURNEY TO EMPOWERMENT
We’re going to walk with you hand-in-hand throughout your JustFOIA Client Journey, actively supporting and guiding your team as they interact and engage with the Solution – thus, empowering your team to manage the system postimplementation. This journey is not viewed as a one-time transaction but as an ongoing partnership, where we remain committed to client success and satisfaction at every stage.

DELIVERY TEAM
Once you have selected your “destination” of JustFOIA, our Delivery Team will guide you through four phases of implementation, ensuring a smooth path to Go-Live:

Phase 1: Pre-Implementation
We think it’s important that we get to know each other first – building upon the knowledge gained during the decisionmaking process to configure the Solution to your specific needs. Your Project Coordinator will gather configuration data and outline expectations for the upcoming implementation phases. During our “Implementation Launch Session,” your assigned Project Coordinator will discuss training, confirm the timeline and key milestone dates, and introduce you to the public-facing side of your JustFOIA site and request form(s).

Phase 2: System Training & Configuration
This phase will consist of two remote/live “System Training Sessions” for Administrators and Power Users, focusing on the practical application of the Solution through a hands-on experience submitting and working with mock requests to create a deep practical understanding of requests and administration settings. Clients are introduced to form configurations, retention options, redaction capabilities, communication tools, and more.

Phase 3: Request Training, Processing & Testing
Administrators and Power Users will be guided through the designed request form workflow, creating a collaborative, problem solving experience that results in a more intimate understanding of the process.

As Administrators and Power Users become experts in the Solution, the JustFOIA Delivery Team will collaborate with you to assist in onboarding general users. With numerous resources to onboard and introduce your staff to the Solution including custom training outlines, workflow maps, and guides for long-term reference, JustFOIA empowers you to create an internal training program while reinforcing your own knowledgebase.

Following training, a designated testing window reinforces training principles while preparing to launch the JustFOIA Solution to the public. Your assigned Project Coordinator will be on stand-by to make necessary system modifications.

Phase 4: Launching JustFOIA
Now, the moment we’ve been waiting for – it’s time to Go-Live with JustFOIA! The Delivery Team is invested in your success and will be with you every step of the way. We will remove test data from your JustFOIA site and provide a press kit to spread the word about your efforts to promote transparency. High-level priority is given to inquiries and adjustments during our Hypercare Check-in Service period until you are transitioned to your long-term Client Success and Technical Support Teams.

CLIENT SUCCESS
Once you have launched JustFOIA to the public, your journey is only just beginning. Every JustFOIA client is assigned a dedicated Client Success Specialist to ensure they are getting the most out of their investment. Your Client Success Specialist can consult with you to recommend best practices and solutions to common records request issues. We invite clients to participate in periodic user webinars, training opportunities, user communities, and focus groups.

Regardless of user type, there is something for everyone.

In addition to ensuring your satisfaction with JustFOIA, your Client Success Specialist will recommend resources found in the Training Center for JustFOIA, our complimentary learning management system with unlimited, on-demand access to hundreds of help videos and product documentation.

JUSTFOIA DEFINITIONS
To determine which modules are applicable, please refer to the Pricing section. Your specific implementation may not include all modules described below.

REDACTION MODULE
Our powerful in-App Redaction Module allows you to upload and redact documents automatically with one click or manually remove sensitive data. Features include text search, pattern matching, proximity search, redact selected text and/or full page(s). Easily apply exemption codes to cite redaction reasons. Once applied, redacted areas are burnt into the document and cannot be recovered or removed so only the redacted version can be released. There is no per-user fee, so any permitted user can redact a document.

JUSTFOIA TRAINING CENTER
The JustFOIA Training Center is a robust Learning Management System that offers remote learning, ongoing training and certification. This complimentary subscription provides an easy solution for new users and refresher training.

Benefits include:
▪ 24/7 access to on-demand JustFOIA training videos, certification courses and other resources ▪ Reduction in training time and expenses
▪ Catered learning for all skill levels from Basic Users to System Administrators ▪ Unlimited access for Client’s entire organization
▪ Reduction in internal support and increased user productivity ▪ Increased efficiency through improved internal usage/adoption of JustFOIA ▪ Customized with fully indexed, recorded training sessions

ADVANCED REPORTING
The Advanced Reporting module will allow Client to select data points to create custom reports and includes the following:
▪ User-selectable data points
▪ User-defined date ranges
▪ Saving created reports
▪ Ability to export data

SINGLE SIGN-ON (SSO)
The JustFOIA authentication system enables Single Sign-On (“SSO”) integration by allowing connection to one of many supported identity providers. This allows users to login to JustFOIA via trusted connections established with their IT infrastructure (e.g., Microsoft Entra ID (formerly known as Azure Active Directory) login) instead of using username and password authentication within JustFOIA. This feature eliminates the need for users to maintain two sets of credentials, is easier for Client’s IT organization to maintain security protocols and gives Client better control over managing user access.

The following types of enterprise connections can be made:
▪ Microsoft Entra ID (formerly known as
Azure Active Directory)
▪ ADFS
▪ Open ID Connect
▪ Active Directory
▪ PingFederate
▪ Google Workspace (formerly G Suite, formerly Google Apps) ▪ SAML
▪ Duo

PAYMENT PORTAL
JustFOIA integrates with Global Payments, Authorize.net, PayPal, NIC, Catalis, Point And Pay, and Paymentus payments to collect payments from requestors online. These third-party payment processors handle all monetary transactions and sensitive credit card data. The requestor enters the request number/security key to see any fees that they owe. If they owe fees, they can pay through a secure Global Payments, Authorize.net, PayPal, NIC, Catalis, or Paymentus payments site. Once they pay, users are able to make the request documents available for immediate release.

LASERFICHE INTEGRATION
Our exclusive Laserfiche integration is a seamless bridge, allowing your organization to leverage Laserfiche to fulfill records requests more quickly and efficiently. From inside the JustFOIA Solution, users can securely connect to their Laserfiche repository to search and browse for responsive documents, sending selected documents to a specific request in the same file format as they are in the repository. As part of your Laserfiche Integration, you can export custom system reports directly into your Laserfiche repository, as well as all parts of a request including communications, response documents, invoices, and a full timeline history of activity on the request. This integration requires each user to have a full Laserfiche license. Please see the Laserfiche Integration User & Configuration Guide.

ANY & ALL DOCUMENT MANAGEMENT
For clients who receive requests for “Any and All” communications, the effort to determine the responsive documents can be overwhelming. Built for clients who need to work with a large number of files, JustFOIA’s Any & All Document Management tool helps simplify and speed up this process with a variety of features, including:
▪ Extract .PST files (emails and attachments)
▪ Bulk redact and sort all files with one-click
▪ Detect duplicate emails
▪ Combine files into one PDF
▪ Create custom folders and review documents in the document viewer

DIRECTROUTE WORKFLOWS
DirectRoute Workflows enhance your organization’s efficiency by automating the initial routing of requests. This empowers requestors to pinpoint the exact department responsible for receiving and addressing their submission.

This leads to a significant reduction in processing time, a streamlined user experience, and assurance that requests are routed accurately.

Like JustFOIA’s standard workflow capabilities, DirectRoute Workflows can include due dates, reminders, escalations, approvals and trigger the dispatch of system and customized emails.

DYNAMIC FORM FIELDS
For clients looking for a more advanced form experience, Dynamic Form Fields provides a way to create highly interactive and user-centric request forms. These fields adapt the form’s behavior to requestor input and predefined conditions, specifically enhance the requestor experience. Dynamic Form Fields can be especially valuable in complex forms where all fields are not relevant to every requestor. The use of Dynamic Form Fields ensures all data necessary to process a request is collected at the initial submission.

A JustFOIA Dynamic Form Field is defined as a single form field (Dropdown, Checkbox, Text Area, Test Input, Date or Label) that becomes visible and/or required based on form selections or requestor input.

SANDBOX
For clients that prefer to test proposed changes before making updates to their live system, JustFOIA offers a Sandbox environment. JustFOIA will provide a sandbox/testing environment based on a snapshot of the configuration and database on the day requests begin being processed via the JustFOIA Public Portal. An update can be requested at any time, for an additional cost.

INSTANCE
For agencies that prefer to have multiple instances of JustFOIA, there are options available. Ideal for shared services environments with centralized IT administration and billing needs, an additional instance can be used for an additional agency, division or even a sandbox environment. An additional instance includes:
▪ Per-instance administration interface ▪ Same add-ons as initial system ▪ A separate, unique URL ▪ Unique set of system email templates ▪ Independent branding and separate Public Portal ▪ Independent reporting ▪ A different SSO domain and/or payment account

SERVICE PACKAGES

GENERAL ASSUMPTIONS
The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not described below is not included in the scope of services to be provided. Variations to the following may impact the Service Package’s cost and/or schedule, justifying a change order. ▪ JustFOIA‘s completion of a Deliverable to Client shall constitute that JustFOIA has conducted its own review and believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after JustFOIA’s submission to give written notice to JustFOIA specifying the deficiencies in reasonable detail.

JustFOIA shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, JustFOIA shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted.
▪ If either party identifies a business issue during the project, JustFOIA and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request.
▪ Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by JustFOIA on retraining, reeducating, or changes in direction. ▪ Any deviations from the contract will be documented in a Change Order that Client must execute. ▪ All rates are based on normal business hours, Monday through Friday from 8:00 AM to 5:00 PM local time within the continental United States. If scheduling needs to occur after business hours, additional rates may apply.
▪ For JustFOIA to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all JustFOIA installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. ▪ Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist JustFOIA personnel by answering business, technical and operational questions and providing requested documents, guidelines, and procedures in a timely manner; (ii) participate in the services as reasonably necessary for performance under this Order; and (iii) be available to assist JustFOIA with any other activities or tasks required to complete the services in accordance with this Order.
▪ Note that all services contracted for must be done as part of the initial implementation. For the avoidance of doubt, if there are services or portions thereof that the Client does not elect to implement as part of the initial implementation, such services are forfeited.
▪ All services, unless otherwise noted, will be performed remotely.

PRO IMPLEMENTATION

CLIENT TASKS & DELIVERABLES
▪ Provide a visual flow chart and/or narrative of current records request process(es) and requirements ▪ Attend all scheduled implementation sessions and respond promptly to requests for information ▪ Complete necessary configuration assignments in a timely manner, including but not limited to:
▪ Create General User and Viewer accounts and respective departments ▪ Create user-created email templates
▪ Conduct internal end-user (General User) trainings
▪ Perform user acceptance testing
▪ Complete JustFOIA Training Center trainings and certification ▪ Configure Deflection/Dynamic Fields, unless Dynamic Fields Configuration Package is quoted

JustFOIA TASKS & DELIVERABLES
▪ Deploy site in the Microsoft Azure Government Cloud
▪ Set up Client with Training Center accounts
▪ Conduct Pre-Implementation Session (1 hour) to collect necessary configuration data and outline expectations ▪ Lead Implementation Launch Session (1 hour) to identify implementation milestones and introduce Client to public facing JustFOIA site and request form(s)
▪ Establish and configure initial Administrator and Power User security credentials and respective departments ▪ Personalize Public Portal with Client branding
▪ Configure number of request forms defined in Order and necessary request statuses and workflow task lists ▪ Complete initial configuration of observed holidays
▪ Complete initial configuration of system email templates ▪ Conduct two (2) Remote System Trainings (1.5 hours and 1 hour respectively); recordings made available in Training Center
▪ Conduct one (1) Remote Workflow Training (1 hour per form process); recording made available in Training Center ▪ Provide training support and resources to Administrator and Power User Team for end-user trainings ▪ Provide technical support through user testing before going live ▪ Assist with transition to Client Success and Support Teams ▪ Provide Go-Live Marketing Press Kit

ANY & ALL DOCUMENT MANAGEMENT CONFIGURATION

CLIENT TASKS & DELIVERABLES
▪ Attend remote Document Management training and respond promptly to requests for information JustFOIA TASKS & DELIVERABLES
▪ Configure and implement Any & All Document Management module ▪ Conduct one (1) remote Document Management training session (30 minutes); recording uploaded to Training Center

SINGLE SIGN-ON (SSO) CONFIGURATION

CLIENT TASKS & DELIVERABLES
▪ Review Single Sign-on Guide
▪ Follow the Single Sign-on Guide and best practices documentation for your Identity Provider of choice ▪ Choose a protocol to connect with (e.g.: SAML, Open ID Connect) ▪ Attend an Integration Call with JustFOIA to walk through any outstanding setup and Q&A, within the scope of JustFOIA responsibilities
▪ Work with JustFOIA to determine what pieces of information will be needed ▪ Participate in testing
JustFOIA TASKS & DELIVERABLES
▪ Conduct requirements gathering
▪ Configure JustFOIA SSO:
▪ Deliver any relevant documentation for connection type to the client ▪ Integration call with Client to walk through any outstanding setup and Q&A, within the scope of JustFOIA responsibilities
▪ Information gathered by client is provided to JustFOIA ▪ Enterprise Connection is created and established in the JustFOIA system ▪ Client tests the connection to validate it is configured and working correctly ▪ Complete testing

READY TO PARTNER?
If you’re ready to take the next step with JustFOIA, what happens next? Checklist Step/Activity Responsible Party
Client notifies JustFOIA Solution Consultant (SC) of Vendor Selection Client Client reviews the What’s Included and Pricing pages to confirm all necessary components are included and requests any necessary updates.

Client
JustFOIA SC requests information below to provide official Contract/Order with Assumptions, Terms & Conditions:
▪ Legal Name
▪ Bill to Contact(s)/Email(s)
▪ Ship to Contact(s)/Email(s)
▪ Accounts Payable Email (if applicable)
▪ Desired Request Forms
▪ Desired URL (Example: bryantx.justfoia.com)
JustFOIA SC
Ensure your IT Department has reviewed and agreed to the prerequisites for:
▪ Single Sign-on
▪ Determine enterprise connection (i.e., Microsoft Entra ID (formerly known as Azure Active Directory), ADFS, SAML)
▪ Laserfiche Integration
▪ Must be on version 11 or higher
▪ What type of Laserfiche environment do you have (i.e., On-prem, Laserfiche Cloud, MCCi Managed Cloud, etc.)?
Client IT
Ensure your Finance Department has reviewed and agreed to the supported payment gateways for the Payment Portal (Global Payments, Authorize.net, PayPal, NIC, Catalis, Point And Pay, or Paymentus payments) ▪ Determine desired payment gateway
▪ Determine/setup merchant account compatible with payment gateway Client Finance
Client/JustFOIA Legal Review Client & JustFOIA SC
Client executes Contract and becomes part of the JustFOIA family! Client Item No. 3.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Purchase and Install SCADA Equipment at Rocky Hill and Martin Hill Reservoirs
SOURCE: Public Works
COMMENT: The City is upgrading its Water Division SCADA system as part of the City Well 34 project. This project includes installation of the main SCADA system at the Corporation Yard, integration of Well 34, development of a communications repeater site, and full system programming with reporting, alarms, historian functionality, and secure remote access. However, upgrades to individual remote sites are not included in the Well 34 project and must be completed under separate contracts.

The existing SCADA equipment at the Rocky Hill and Martin Hill tank sites is obsolete and no longer supported. The City previously contracted with Primex to perform repairs; however, due to the age of the system and the lack of available replacement components, the equipment could not be restored. As a result, tank levels are currently being monitored manually.

These tank sites are critical components of the City’s water distribution system. Integration into the new SCADA system will restore automated, realtime tank level monitoring, improve system reliability and operational efficiency, support coordination of well production and storage, and enhance the City’s ability to manage peak summer water demands. Without these upgrades, the City would continue to incur overtime costs for manual monitoring and experience reduced responsiveness during high-demand periods.

Staff solicited quotes from multiple SCADA integrators and received the following quotes:

Company Quote
Telstar Instruments $37,238
Tesco Controls $39,780
Bogie's Pump Systems $46,247
Telstar Instruments, a local company based in Hanford, provided the lowest Item No. 3.
responsive quote for the purchase and installation of SCADA equipment for both tank sites, including integration into the new system, plus a 10% contingency, for a total project cost not to exceed $40,962.

The purchase is consistent with the City’s purchasing policy for informal procurement based on competitive quotes.

The project will be funded through the Water Operating Budget.

RECOMMENDATION: That the City Council authorize the purchase and installation of SCADA equipment and associated system upgrades for the Rocky Hill and Martin Hill Reservoirs by Telstar Instruments in an amount not to exceed $40,962, inclusive of all parts, taxes, labor, and a 10% contingency.

ATTACHMENTS: 1. Telstar Instruments Quote

2. Tesco Controls Quote

3. Bogies Pump System Quote

4. Rocky Hill Locator Map

5. Martin Hill Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

ROCKY HILL TANK

ENGINEERING DIVISION

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

ROCKY HILL TANK TULSA ST

PUTNAM AVE

GRANITE HILLS

HIGH SCHOOL

MARTIN HILL TANK

ENGINEERING DIVISION

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

MARTIN HILL TANK PAUL STWORTH AVE

GOLDEN HILLS PLANO ST
Item No. 4.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Purchase and Install Transit Bus Wraps SOURCE: Transportation
COMMENT: The City recently acquired nine new transit buses as part of its ongoing fleet replacement and service improvement program. As part of the procurement, funding for bus wraps is included through the Federal Transit Administration (FTA), which allows for branding, route identification, and public information displays on transit vehicles.

Wrapping the new buses will provide a consistent and updated visual identity for the City’s transit system, improving visibility and rider awareness. Bus wraps can include system branding, service information, and promotional messaging to enhance community engagement and ridership. The bus wrap design will continue with the Americana-themed branding previously approved by the City Council. The use of high-quality vinyl wraps also protects the underlying bus paint, extending the lifespan of the vehicle exterior and reducing long-term maintenance costs.

Staff obtained three (3) quotes for the bus wraps to ensure competitive pricing and compliance with procurement requirements. The following quotes were received:

Vendor Price
Transit-Media $101,640.83
2 Market Visuals $114,991.09
Idea Printing & Graphics $132,351.55
All proposals were reviewed to ensure consistency in scope, including materials, installation, and associated services. Transit-Media was determined to be the lowest responsive and responsible bidder at an estimated cost of $101,640.83.

The purchase is consistent with the City’s purchasing policy for informal procurement based on competitive quotes. Including parts, labor, applicable taxes, and a 10% contingency, the total authorization requested is $111,804.91. Funding for the transit vehicle wraps is available through the Item No. 4.

Transit Division’s Operating Budget, in which the Federal Transit Administration (FTA) funds 50% and the City’s local match of 50% is funded by Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council authorize the purchase and installation of vinyl bus wraps from Transit-Media in an amount not to exceed $111,804.91.

ATTACHMENTS: 1. 2 Market Visuals Estimate

2. Transit-Media Estimate

3. Idea Printing & Graphics Estimate
Appropriated/Funded:

Review By:

Department Director:

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

2Market Visuals Estimate #: 16526
903 East Douglas St.

Suite B
Visalia, CA 93292
Ph: (559) 625-5230
Email: [email protected]
Email:

Salesperson: House Account
Created Date: 3/9/2026 10:41:03AM Prepared For: City of Porterville Transportation Contact: Clay Landis, Operations and ADA Coordi
Email:

Address:

N/A [email protected]
N/A
Fax:

Phone: Office Fax:

Office Phone: (559) 586-5092
(559) 483-0904
555 N. Prospect St.

Porterville, CA 93257
Entered by: Tony Koster
Description: Full Wraps on 2026 New Flyer Buses
Product: 9
Subtotal
$11,695.00
Unit Price
$105,255.00 1 Full wraps - 35' New Flyer - NEW BUSES (No existing graphics) Full Color prints - on Cast vinyl - Glossy laminate

INSTALLATION INCLUDED - DOES NOT INCLUDE REMOVAL
Quantity
Description:

Vehicle Wraps
• 9- Full Wrap on a 35' New Flyer/2026
• Artwork On File
• Printed on Black Label 2mil Cast 10yr Wrap Film 54" (Kit) stock material with HP 560 at Normal Mode • Laminated with Black Label 1.2mil Cast Gloss Laminate (Kit) • Drivers Side, Passenger Side, Hood, Rear,
Notes This estimate will be valid for 30 days from the date it is presented. A 50% deposit is due before work is begun, and the remaining balance in full is due upon completion of the project.

Subtotal: $105,255.00
Taxes: $9,736.09
Total: $114,991.09
Client Reply Request
Estimate Accepted "As Is". Please proceed with Order.

Changes required, please contact me.

Other:

SIGN: Date: / /
Print Date: 3/9/2026 3:23:20PM
\\CathysOffice24\cyrious$\Control\Reports\2mark-Estimate01.rpt ...helping you 2Market your business, organization, or event.

TRANSIT MEDIA, INC.

PO Box 6260
Arnold, CA 95223
(559) 783-9545
[email protected]
www.transit-media.co
Estimate

ADDRESS
City of Porterville, Porterville Transit
City of Porterville
291 N Main St
Porterville, CA 93257
ESTIMATE 1094
DATE 02/25/2026

ACTIVITY DESCRIPTION QTY RATE AMOUNT
CUSTWR Custom fleet wraps. Orajet 3951 RA+ ProSlide with Oraguard 290g. City of Porterville Fleet. Model No. XN35
9 6,930.00 62,370.00T
inCUSTWR Installation of custom fleet wrap. Model No. XN35 9 3,722.40 33,501.60 SUBTOTAL 95,871.60
TAX 5,769.23
TOTAL $101,640.83
Accepted By
Accepted Date

Item No. 5.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Replace Digester PLC #6 at the Wastewater Treatment Facility SOURCE: Public Works
COMMENT:

In July 2024, Telstar Instruments was approved by the Council to upgrade the Wastewater Treatment Facility (WWTF) Supervisory Control and Data Acquisition (SCADA) servers. As the system integrator for the facility’s SCADA system upgrade, Telstar is highly familiar with the installed equipment, sitespecific configurations, and field adjustments made over time. In addition to performing the original retrofit, Telstar has continued to assist staff with troubleshooting and resolving SCADA system issues as they arise. This ongoing involvement and institutional knowledge uniquely position Telstar to efficiently complete this work with minimal disruption to current operations.

The WWTF is requesting authorization to replace Digester PLC #6, which is a critical component used to monitor and control digester levels, pumps, and operational temperatures. Telstar Instruments has provided a quote of $26,518 to replace, configure, and fully integrate PLC #6 into the SCADA system they originally installed and continue to support.

Replacement of the aging PLC is necessary to maintain compliance with the WWTF’s Water Discharge Requirements. Failure of this equipment could result in digester overflows, loss of temperature control, and reduced treatment efficiency, which could lead to regulatory violations and impact overall plant performance.

Utilizing another vendor would require additional time and expense to evaluate, reverse engineer, and adapt to the existing system. This approach would introduce unnecessary risk, increase costs, and potentially impact system functionality. In contrast, Telstar’s familiarity with the system allows for a seamless transition by leveraging existing infrastructure without requiring modifications to systems that staff are already trained to operate. Due to Telstar’s role as the original system integrator and the need for system compatibility and continuity, this purchase is considered a sole source Item No. 5.
procurement in accordance with the City’s purchasing policy.

The total project cost is not to exceed $29,170, including a ten percent (10%) contingency, and will be funded from the Wastewater Treatment Facility Capital Reserve Fund.

RECOMMENDATION: That the City Council authorize the replacement of Digester PLC #6 at the Wastewater Treatment Facility by Telstar Instruments in an amount not to exceed $29,170, inclusive of all parts, labor, taxes, and a 10% contingency.

ATTACHMENTS: 1. Telstar Quote Letter – PLC 6 Digester Replacement Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

February 5, 2026
City of Porterville WWTP
291 N Main Street
Porterville CA 93227
Sent via Email : [email protected]
Attn: Daniel Harris
Subject: Digester PLC 6 Replacement
Reference: 20-44573
Drawings: N/A
Specifications: N/A
Dear Daniel,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).

By accepting this proposal from Telstar you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES

1. Telstar will Removed and replace RTU6 digester.

2. RTU 6 will be replaced with one (1) Micrologix 1400 PLC, one (1) Digital input card and three (3) analog input cards.

3. Tesco HMI will be replaced with one (1) 7” C-more touch screen display.

4. Telstar will Program PLC and HMI.

5. Telstar will Program SCADA to communicate to the new PLC. Note: Existing radio will be used to communicate back to SCADA.

6. Start up and training is included for RTU 6.

Lump Sum Price for this Scope ............................................................................................. $26,518.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
Contractor License #422364
Contractor DIR #1000000899

a. Material price is valid for seven (7) days from date referenced on this quote (Refer to Industry Material Pricing and Delivery clause under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Please reference the above stated quote number in all correspondence and purchase orders. f. A fee of 2% will be applied to all invoices paid by credit card.

TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation.

Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party.

The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote.

Overtime and premium labor hours are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4-hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall be deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pandemic, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, Contractor License #422364
Contractor DIR #1000000899

embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Agreement constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll Reports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.

Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S. Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.

Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers can experience delays due to labor shortages, shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Material price fluctuations due to tariffs are not included in the quotation and may not be known until time of material shipment. Additional material costs associated with tariffs will be paid by the customer. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Insurance: Telstar’s standard insurance limits will apply.

Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.

Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.

Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the remaining portions of this Purchase Order shall remain in full force and effect.

Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such Contractor License #422364
Contractor DIR #1000000899

mediation equally. If the parties are unsuccessful in resolving their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Felipe Martinez
Electrical Engineer / IC&E Specialist
Telstar Instruments
P: (559) 584-7116
Item No. 6.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Repair City Well No.6
SOURCE: Public Works
COMMENT: City Well No. 6, located at 437 W. Kanai, has experienced a failure of the pump and bowl assembly, rendering the well inoperable. This well is a critical component of the City’s water system and contributes to maintaining adequate system pressure and meeting daily water demands.

With increased demand anticipated during the upcoming summer months, it is essential that Well No. 6 be repaired and returned to service as soon as possible to ensure system reliability and operational efficiency.

City staff solicited quotes from three qualified pump service providers for the installation of a new pump, bowl assembly, and replacement of associated electrical wiring. The scope of work includes furnishing all labor, materials, and equipment necessary to complete the repair and restore the well to full operation.

The following quotes were received:

Valley Pump & Dairy Systems $23,875
Carver Pump Service $24,914
CTL Water Well & Pump Service $37,156
Valley Pump & Dairy Systems submitted the lowest responsive quote and has confirmed that all required parts are readily available. This availability is critical to minimizing downtime and ensuring the well is returned to service quickly.

Selecting Valley Pump & Dairy Systems will allow the City to expedite repairs and maintain adequate water production capacity, system pressure, and service reliability during peak demand periods.

The purchase is consistent with the City’s purchasing policy for informal procurement based on competitive quotes. Funding for this project is available in the Water Operating Fund. The total project cost is not expected to exceed $26,263, which includes all labor, materials, applicable taxes, and a 10% contingency to address any unforeseen conditions.

Item No. 6.

RECOMMENDATION: That the City Council authorize the repair of City Well No. 6 by Valley Pump & Dairy Systems in an amount not to exceed
$26,263, inclusive of parts, labor, taxes, and a 10% contingency.

ATTACHMENTS: 1. CITY WELL 6 Location Map

2. Valley Pump Quote

3. Carver Pump Quote

4. CTL Pump Quote
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk CITY WELL 6

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 CITY WELL 6
437 W KANAI AVE PEARSON DR

W BELLEVIEW AVE

W MORTON AVE

W KANAI AVE N PALM ST LIHU ST

W SCHOOL AVE

W GRAND AVE
Customer:

Description:

Location:

Amount Each Cost
8240 8,240.00
8655 8,655.00

9.85 2,758.00
300 300.00
-
-
285 2,280.00
-
-
-
-
-
-
-
-
-
-
-
-
22,233.00
1,642.06
23,875.06
Presented By:

This Quote is good for 15 Days: 3/26/26
Accepted By
Company:

Sub Total
Tax
Total
Cody Wilson
Description

1.00 60HP HITACHI SUB MOTOR 480V 3PH

1.00 8RJLC 5-STAGE GOULDS PUMP END
280.00 #4/3 SUBCABLE FJ

1.00 INSTALL 60HP SUBMERSIBLE PUMP W/ NEW MOTOR & PUMP, NEW SUB CABLE SET AT 273' QUOTE

CITY OF PORTERVILLE
MISC. PARTS (TAPE, GREASE, BOLTS ETC)

8.00 LABOR, 2-MAN RIG
Estimate #
Date
Customer
Address
1-855-6CARVER

CALIFORNIA CONTRACTOR'S
LICENSE - C61 D21 #547257 Telephone
AMOUNT
$ 24,913.72

CARVER PUMP SERVICE CUSTOMER
Salesman Purchaser
Jeffrey Demacabalin
Approved by Address
misc- spice kit, tapes and bolts

DESCRIPTION
1-new 3stg sub turbine bowl
1-new 60hp Hitachi 480v sub motor
280ft #4 flat jacket sub cable
Acceptance of this proposal is an agreement by the customer to pay in full for all services within 30 days of the date invoiced. Carver pump will charge, and customer agrees to pay, finance charges of 2 percent per month on the unpaid balance.

Prevailing Wage labor to install pump & motor start & check LABOR
TOTAL

SUB TOTAL

SALES TAX
437 W. Kanai
City of Porterville
3/26/2026
John 559-756 3515
CARVER

PUMP SERVICE
139 North Cain Street
Visalia, California 93292
(559) 622-0622
From: Manny Gonzalez <[email protected]>
Date: March 27, 2026 at 7:31:20 AM PDT
To: Jonathan Pruitt <[email protected]>
Cc: David Payne <[email protected]>, Gordon Trott <[email protected]> Subject: RE: Well 6 quote
Morning guys
Hey our lady at the office called in sick. So this is what I can send you for now. We can send a formal proposal on Monday.

1. 60HP Hitachi Motor 460-480 volt 3 phase $13,750.00

1. 4Stg sub turbine pump Goulds $9,875.00
280 ft 4 gauge 3wire full jacketed $7,700.00

1. 4 gauge splice kit $27.50
2 – Rolls of 10 mil tape $54.00
PW Labor for 3 man crew w/ well service & support truck $5,750.00 Please let me know if you have any questions. Thanks
From: Jonathan Pruitt <[email protected]>
Sent: Thursday, March 26, 2026 11:22 AM
To: Manny Gonzalez <[email protected]>
Cc: David Payne <[email protected]>; Gordon Trott <[email protected]> Subject: Well 6 quote
Caution! This message was sent from outside your organization. Allow sender | Block sender Fwd: Well 6 quote
 Delete   Archive  Move to   Reply  Reply all  Forward  Share to Teams  3/27/26, 8:15 AM Fwd: Well 6 quote - David Payne - Outlook about:blank 1/1
Item No. 7.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Distribute a Request for Qualifications for On-Call Escrow and Title Services
SOURCE: Community Development
COMMENT: The Community Development Department is responsible for overseeing the acquisition of right-of-way, easements, and property interests on behalf of all City departments. Escrow and title services are a critical component of these activities and require specialized expertise that is not currently available within City staff.

Since 2021, the City has maintained a service agreement with First American for these services; however, staff is recommending issuance of a new Request for Qualifications (RFQ) to ensure continued competitive procurement and service availability.

Issuing an RFQ will allow the City to establish a qualified pool of firms to provide escrow and title services on an as-needed basis for right-of-way and property acquisition projects. These services are necessary to support the timely and efficient delivery of capital improvement and development projects.

Staff is requesting authorization to issue the attached RFQ for On-Call Escrow and Title Services.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Qualifications for on-call escrow and title services.

ATTACHMENTS: 1. Draft RFQ for On-Call Escrow and Title Services Appropriated/Funded:

Review By:

Department Director:

Item No. 7.

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

REQUEST FOR QUALIFICATIONS FOR ESCROW AND TITLE
SERVICES. RFQ No. 25/26-SR___
The City of Porterville, (hereinafter “City”) is initiating this Request for Qualifications (RFQ) to solicit responses from qualified firms interested in providing preliminary and other title reports, escrow services, title insurance and other title related services as required to assist staff in the purchase of properties. The required services described in the attached RFQ will be performed upon request by the City as projects are initiated.

Submittal: One PDF version must be received by:
5:00 p.m., Friday, May 29, 2026
Addressed to: Community Development Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
Attention: Claudia Calderon
Email Subject: RFQ No. 25/26-SR____ Escrow and Title Services Late or incomplete submittals will not be accepted and will be automatically disqualified from further consideration. All response packages and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

RFQ documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Questions regarding this project are due no later than Tuesday, May 26, 2026.

The City of Porterville is an Equal Opportunity Employer.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR

ON-CALL ESCROW AND TITLE SERVICES
I. INTRODUCTION
The City of Porterville has need of a consultant or firm to provide escrow and title services when right-of- way or property acquisition is necessary to complete certain projects. These tasks are a specialty that are not within the current capacity of City staff. Subject projects may be privately initiated by a seller approaching the City, or in response to a need for right-of-way to complete a public improvement project. Although the consultant’s work will include involvement by the Community Development Director or designated staff, independent initiative and responsiveness are integral to the success of the contract and each project addressed under the contract. Other services typically rendered by the selected firm may also be utilized during the course of this agreement.

II. SCOPE OF ESCROW AND TITLE SERVICES
The consultant will respond directly to the Community Development Director or his designee on a particular project. The selected consultant will perform, but not be limited to, the following tasks:

1. Preliminary and Other Title Reports - Use of e-Pre is preferred, with a supplemental pdf or hard copy of a preliminary title report. Cost per report will be set for the term of the contract, and where title insurance is required, the cost of the preliminary title report will be credited towards the policy premium.

2. Escrow Services

3. Property Profiles

4. Document Preparation and Recordation

5. For complicated projects, coordinate regularly with City staff and other parties as needed.

6. Title Production

7. Title Guarantees

8. Provide other consulting services as available through the selected firm.

9. Other Requirements:
a) The selected firm will be required to carry and provide certificates of insurance for general and automobile liability insurance as follows:

General Liability (bodily injury and property damage)*
Professional Liability (errors and omissions)*
Automobile Liability*
Workers Compensation Statutory Limits
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

The General Liability is to contain or be endorsed to name the City, its officers, officials, employees and agents as Additional Insured as respects liability arising out of the activities performed in connection with this contract. The coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful firm.
b) The selected consultant/firm shall indemnify and hold harmless the City, its officers, employees and agents from and against all claims, damages, losses and expenses caused in whole or in part by any negligent act or omission of the firm, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, or willful misconduct by the City. c) Labor and material proposals submitted on this form shall be subject to the provisions of Section 1700, California Labor Code, as specified by Section 3700, California Labor Code, which requires Workers’ Compensation insurance to be provided by the selected consultant/firm.
d) Workers’ Compensation policy(ies) are to be endorsed to include a waiver of subrogation against the City, its officers, officials, employees and agents. e) The firm and its employees are independent contractors and not employees of the City of Porterville. The firm and/or its insurers are responsible for payment of any liability arising out of workers’ compensation, unemployment, or employee benefits offered to its employees.
f) Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
g) Endorsements are to be received and approved by the City before work commences. h) The successful consultant/firm shall obtain a City of Porterville business license.

Fee is based on gross receipts for all business transactions in the city of Porterville.

For information, contact the Business License clerk at (559) 782-7457. i) A service contract will be provided by the City to the selected contractor. j) All work performed by the consultant under this contract shall be under the ownership of the City of Porterville.
k) All work performed under this contract shall be researched, prepared and executed in a professional and competent manner for which the consultant will be responsible.
l) In accordance with City of Porterville and Caltrans policy, disadvantaged business enterprises (DBE), including qualified small minority and woman-owned firms, are encouraged to submit a proposal or otherwise participate in the completion of the work covered by this request. No DBE participation goals have been established for this project.
m) The employee(s) identified in the response as performing the duties under this contract shall not be replaced without the prior written approval of the Community Development Director of the City of Porterville.

III. PERIOD OF PERFORMANCE
If selected, the City will provide a Service Contract for five (5) years following the date of the signed service agreement. Failure of a respondent to accept this obligation will result in the cancellation of the contract award. The contract may be extended by mutual agreement. Upon contract renewal, the cost for services must be agreed upon by both parties. Due to the volume of work needed, the City of Porterville reserves the right to place services, in addition to the services being performed by the selected firm, with other qualified firms.

IV. DESIRABLE QUALIFICATIONS OF THE CONSULTANT
The City is seeking a qualified consultant to provide on-call escrow and title services. The desired consultant shall have the following qualifications:

1. Extensive (a minimum of five years) experience in residential and commercial title and escrow services for governmental agencies in the State of California.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. Knowledge of the City of Porterville property acquisition process is highly desirable.

4. The consultant must possess strong writing skills and be proficient using Microsoft Word and other standard software programs.

V. ADDENDA
It is the responsibility of respondents to check the Purchasing Webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFQ.

VI. RESPONSE DATE
All proposals shall be received by the City of Porterville by 5:00 p.m. on the Public Purchase website by Friday, May 29, 2026.

VII. CONTENTS OF STATEMENTS OF QUALIFICATIONS TO BE SUBMITTED

TO CITY
Submissions to this RFQ must be in the form of a “response package” containing the response and all required supporting information and documents. Respondents are required to provide all information requested below. In your response, please indicate “N.A.” if the statement is not applicable to you.

1. A cover letter, signed by a person authorized to enter into a contract with the City, identifying the contact person and any key personnel. If a joint venture, identify the roles of the partnering organizations.

2. A copy of the firm’s State of California license.

3. A list stating the names and addresses of the Underwriters who will provide Title Insurance Commitments and Title Insurance Policies.

4. Provide a resumé of your firm’s experience and other factors relevant to the services described in this RFQ. Provide resumes of key staff or job descriptions/minimum requirements for key positions.

5. Provide a statement listing similar contracts (both public and private) relevant to services solicited that have been completed during the last three (3) years, including the firm’s previous experience with the City of Porterville and familiarity with the community. The statement must also list any failure or refusal to complete a contract, including details and dates.

6. Prospective consultants shall designate by name the project manager to be employed in this effort. The selected consultant shall not substitute the project manager without prior approval by the Community Development Director of the City of Porterville.

7. Two (2) letters of verifiable reference (with contact information); and

8. Any relevant addenda which the respondent wishes to submit.

Additionally, the response package shall contain the fees the firm proposes to charge for the services to be provided. Time will be of the essence in completing the services described in relation to this project. It is anticipated that this effort may require significant staff resources at times, particularly for large construction projects requiring acquisition of several properties or easements.

To be considered, providers must submit a complete response to this RFQ using the format required on the Public Purchase website https://www.publicpurchase.com. One original response must be submitted to the City of Porterville’s Community Development Department via Public Purchase’s website.

VIII. EVALUATION
The selection process will include an initial screening of the responses by City staff. All qualified written responses will then be evaluated by a selection panel using the attached Exhibit “A” Consultant Selection Rating Form.

The City has the option of conducting oral interviews as part of the evaluation process. If the City opts to conduct interviews to assess respondents’ ability to provide the services, the City may elect to interview only the most qualified respondents (based on the qualifications), if the number of responses is high.

The City may also contact and evaluate respondent references; contact any respondent to clarify any response; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

The selection panel’s recommendation will be transmitted to the City Council for consideration of award based on the following:

1. Completeness of the response;

2. Qualifications met by the firm;

3. Ability to provide an appropriate level of service;

4. References; and

5. Costs
IX. SELECTION
Final selection, based upon the written response (and possibly an interview), is anticipated to be made by the City Council at its meeting on July 21, 2026.

Once the City has selected a firm, contract negotiations will be initiated. If a satisfactory contract (Exhibit B), including fees, cannot be negotiated with any firm, the City may, at its sole discretion, terminate negotiations and begin contract negotiations with another firm qualified through the selection process.

X. INQUIRIES REGARDING THIS RFQ
Any inquiries regarding this RFQ or the project described herein should be submitted through the Public Purchase website by no later than May 26, 2026.

Item No. 8.

CITY COUNCIL AGENDA – APRIL 7, 2026
SUBJECT: Authorization to Award Contract for Solar Operations & Maintenance Services SOURCE: Transportation
COMMENT: On January 20, 2026, the City Council authorized staff to advertise a Request for Proposals (RFP No. 25/26-SR1984) for Solar Operations & Maintenance Services to support the ongoing operation, monitoring, and maintenance of the City’s solar infrastructure. The City’s solar assets play a critical role in offsetting energy consumption associated with municipal operations, including the charging of the City’s electric fleet. Ensuring proper maintenance and system performance is essential to maximizing energy production, protecting public investment, and maintaining long-term operational efficiency.

The RFP was issued on January 29, 2026, and proposals were due on February 26, 2026. In response, the City received proposals from three (3) firms. Staff conducted a comprehensive evaluation of each proposal for completeness, responsiveness, qualifications, and consistency with the Engineer’s Estimate of $163,443.28.

The following proposals were received:

Contractor Bid Amount
Bright House Energy Construction,
Inc.
$149,400
Opterra Energy $163,389
Product Development Solutions, Inc. Non-responsive
Although Product Development Solutions submitted the lowest bid, staff determined the proposal to be non-responsive to the RFP requirements.

Specifically, the proposal did not include costs for the required initial system assessment and diagnostic testing, did not adequately account for the level of effort necessary for initial panel cleaning based on current system conditions, and reflected a pricing structure with significantly lower first-year costs compared to subsequent years, raising concerns regarding completeness and long-term cost reliability.

Based on this evaluation, staff determined that Bright House Energy Item No. 8.

Construction, Inc. submitted the lowest responsive and responsible proposal.

The proposal includes comprehensive services consistent with the scope of work, including preventative maintenance, corrective repairs, system monitoring, and ongoing operational support.

The proposed agreement includes an initial five (5) year term, with the option for annual renewals for up to an additional five (5) years, subject to mutual agreement and satisfactory performance, and a total compensation amount not to exceed $149,400. This total reflects the full five-year term of the agreement, including higher initial costs in the first year associated with system assessment and cleaning, followed by lower ongoing annual maintenance costs.

This project is eligible for federal financial participation through the Federal Transit Administration (FTA), which may fund up to eighty percent (80%) of the total project cost. Based on the proposed contract amount, the estimated FTA share is $119,520, with the required local match of $29,880 to be funded through Local Transportation Funds (LTF). Funding for this project has been appropriated in the Fiscal Year 2025–2026 budget, and no additional appropriation is required.

Awarding this contract will ensure continued monitoring, maintenance, and performance of the City’s solar assets, supporting long-term energy efficiency, system reliability, and cost savings.

RECOMMENDATION: That the City Council award the Solar Operations & Maintenance Services contract to Bright House Energy Construction, Inc., in an amount not to exceed $149,400, and authorize the City Manager to execute the agreement.

ATTACHMENTS: 1. Draft Agreement

2. Exhibit A - FTA Terms & Conditions

3. Exhibit B - RFP No. 25-26-SR1984 - Solar Maintenance Services

4. Exhibit C - Contractor Proposal Bright House RFP Complete

5. Exhibit D - Contractor Price Sheet
Appropriated/Funded:

Review By:

Department Director:

Russell Isom, Director of Transportation
Item No. 8.

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

Professional Services Agreement
Solar Operations & Maintenance Services

CITY OF PORTERVILLE

PROFESSIONAL SERVICES AGREEMENT WITH

SOLAR MAINTENANCE SERVICES
This Professional Services Agreement (Agreement) is entered into between the City of Porterville, a charter city and municipal corporation (City), and Bright House Energy Construction, Inc. City and Contractor are referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. The City of Porterville, a charter city, desires to retain Contractor to perform Solar Operations & Maintenance Services (Project) in accordance with its specific requirements as outlined in the Request for Proposals (RFP); and
B. On January 27, 2026, the City issued Request No. 25/26-SR1984 for Proposals (RFP) for Solar Operations & Maintenance Services.

C. Contractor, Bright House Energy Construction, Inc., submitted its proposal on February 20, 2026, outlining its qualifications, local resources, and technical capabilities, which align with the City’s requirements for maintaining its solar infrastructure, including preventative maintenance, corrective repairs, and 24/7 remote monitoring services; and D. Following the City's review of Contractor’s proposal and subsequent negotiations between the Parties, the City has determined that Contractor possesses the necessary skills, experience, and certifications to successfully provide the required services.

E. The Parties have now reached an agreement for the performance of services in accordance with the terms set forth in this Agreement, including any additional terms outlined in the RFP and the Contractor’s proposal.

F. This Agreement is subject to the terms and conditions set forth by the Federal Transit Administration (FTA), as the project is partially funded by the United States Department of Transportation (USDOT) Federal Transit Administration. The Parties agree to comply with all FTA Terms and Conditions outlined in Exhibit "A."
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Scope of Work. Contractorshall perform the Services and complete the Project in accordance with the terms outlined in Exhibit "B” and “C", including full compliance with all applicable Federal Transit Administration (FTA) regulations, guidelines, and conditions as outlined in Exhibit "A."

Professional Services Agreement
Solar Operations & Maintenance Services

2. Time of Performance. Time is of the essence in the performance of services under this Agreement. The Contractor shall begin performance promptly upon the mutual execution of this Agreement. The term of this Agreement shall be for an initial period of five (5) years from the date of execution, unless earlier terminated in accordance with the provisions of this Agreement.

Upon mutual written agreement of the Parties, this Agreement may be renewed for up to five (5) additional one-year terms following the expiration of the initial five-year term. Each renewal shall be subject to the same terms and conditions set forth in this Agreement, unless otherwise amended in writing by the Parties at the time of renewal.

Contractor shall submit any requests for time extensions or renewal no later than ninety (90) days prior to the expiration of the current term. Monthly inspections and other services shall be coordinated with City personnel.

The total compensation set forth in this Agreement reflects the full cost of services for the initial five (5) year term.

3. Compensation. All compensation paid to Contractor shall be in accordance with the billing rates set forth in Exhibit "D." Contractor shall comply with any applicable Federal Transit Administration (FTA) requirements regarding cost documentation, billing, and reporting as specified in Exhibit "A."

3.1. Not to Exceed Amount. The total compensation payable to Contractor under this Agreement shall not exceed One Hundred Forty-Nine Thousand Four Hundred Dollars ($149,400) for the initial five (5) year term, inclusive of all routine services and any authorized additional services. Contractor shall not perform any work that would cause the total compensation to exceed this amount without prior written authorization from the City.

Any additional services, including corrective repairs or emergency services, shall require prior written authorization by the City. Such services shall be billed in accordance with the rates set forth in Exhibit “D” and shall be included within the total not-to-exceed amount unless otherwise authorized in writing by the City.

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

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.

Professional Services Agreement
Solar Operations & Maintenance Services

3.3. Payment. Within thirty (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), provided, however, such services are in accordance with this Agreement and are not disputed by City.

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.

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 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 and hold harmless the City from and against any claims to the extent caused by Contractor’s negligent acts, errors, or omissions in its performance of its services under this Agreement, or failure to comply with its obligations under this Agreement, except to the extent caused by the 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, and its 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.”

Professional Services Agreement
Solar Operations & Maintenance Services
(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.

5. Insurance.

5.1. General Requirements. Prior to the commencement of any services under this Agreement, the Contractor shall, at its sole expense, maintain in full force and effect, insurance coverage to protect against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees, or subcontractors. Such insurance shall comply with the following requirements:

5.2. Minimum Scope of Insurance. Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance covering the Contractor’s operations, including premises and operations, independent contractors, personal injury, products and completed operations, and contractual liability. • Automobile Liability Insurance: Insurance for all owned, non-owned, hired, and borrowed vehicles used by the Contractor in connection with the work performed under this Agreement.
• Workers’ Compensation and Employers’ Liability Insurance: As required by the State of California, covering all employees of the Contractor, and to include Waiver of Subrogation in favor of the City.
• Environmental/Pollution Liability Insurance: Due to the nature of the work involving solar energy systems and associated electrical infrastructure, Contractor shall maintain Environmental/Pollution Liability Insurance covering liability arising from pollution conditions, including but not limited to the release, discharge, or escape of pollutants resulting from Contractor’s operations.

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• Umbrella or Excess Liability Insurance: To meet the required limits, if necessary, this coverage shall apply on a follow-form basis for all underlying policies, including CGL, Auto, and Employers' Liability.

5.3. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
• Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage, and $2,000,000 general aggregate. Coverage shall be on a per project basis.
• Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
• Workers’ Compensation and Employers’ Liability: Workers' compensation insurance as required by the State of California and Employers’ Liability Insurance limits of at least $1,000,000 per accident for bodily injury or disease. • Environmental/Pollution Liability: $1,000,000 per claim or occurrence and $2,000,000 aggregate for pollution incidents, including the handling of materials associated with solar system maintenance, if applicable • Umbrella/Excess Liability: $5,000,000 per occurrence, with limits sufficient to meet all underlying liability coverages.

5.4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

5.5. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

5.5.1. Additional Insured: The City, its officers, officials, employees, agents, and volunteers shall be named as additional insureds on all insurance policies except workers' compensation, using ISO endorsement CG 20 10 11 85 or equivalent. The coverage shall be primary and non-contributory with any insurance maintained by the City.

5.5.2. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers,

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officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

5.5.3. Waiver of Subrogation: The insurance policies shall include a waiver of subrogation in favor of the City for all insurance coverages maintained by the Contractor, where permitted by law.

5.5.4. Notice of Cancellation: Each insurance policy shall state that coverage shall not be canceled, reduced, or allowed to expire except after thirty (30) days prior written notice has been provided to the City, or ten (10) days for non-payment of premiums.

5.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A, licensed to conduct business in California, and approved by the City.

5.7. Verification of Coverage. Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.

5.8. Subcontractors.

5.8.1. Subcontractor Insurance Requirements. Contractor shall require all subcontractors performing any work under this Agreement to maintain insurance coverage that meets or exceeds the requirements set forth in the "Insurance Requirements" section of this Agreement. This includes, but is not limited to:
• Commercial General Liability (CGL) Insurance.
• Automobile Liability Insurance
• Workers' Compensation and Employers' Liability Insurance • Environmental/Pollution Liability Insurance (if applicable)

5.8.2. Additional Insured Status. Contractor shall ensure that the City, its officers, officials, employees, agents, and volunteers are named as additional insureds on all subcontractors' insurance policies, except Workers’ Compensation, using ISO endorsement CG 20 10 11 85 or its equivalent. The subcontractors' insurance coverage shall be primary and non-contributory to any insurance maintained by the City.

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5.8.3. Waiver of Subrogation. Contractor shall require that each subcontractor’s insurance policies include a waiver of subrogation in favor of the City, where permitted by law, to the same extent as required of the Contractor under this Agreement.

5.8.4. Verification of Subcontractor Insurance. Prior to the commencement of any work by a subcontractor, Contractorshall obtain and verify certificates of insurance and endorsements from each subcontractor evidencing compliance with the insurance requirements stated herein. Contractor shall provide these certificates and endorsements to the City upon request. The City reserves the right to require complete, certified copies of all required insurance policies from subcontractors at any time.

5.8.5. Liability for Subcontractor Non-Compliance. Contractor acknowledges that failure by a subcontractor to comply with the insurance requirements of this Agreement shall be considered a breach of this Agreement by the Contractor.

Contractorshall remain fully responsible for the performance of all subcontractors and any failure by a subcontractor to meet the insurance or other contractual obligations under this Agreement.

6. Termination.

6.1. Termination for Convenience. The City may terminate this Agreement, in whole or in part, at any time for its convenience and without cause by providing the Contractor with thirty (30) days’ written notice. In the event of such termination, the City shall be liable only for payment for services satisfactorily rendered and expenses incurred up to the effective date of termination. The Contractor shall not be entitled to any other form of compensation, including for anticipated profits or unperformed services.

6.2. Termination for Cause. The City may terminate this Agreement, in whole or in part, immediately upon written notice to the Contractor if:
• The Contractor fails to perform any of its obligations under this Agreement, including but not limited to failure to comply with the project schedule or failure to comply with applicable local, state, or federal laws or regulations. • The Contractor becomes insolvent, files for bankruptcy, or assigns its rights or obligations under this Agreement without the City’s prior written consent. • The Contractor fails to correct any material deficiency in performance within ten (10) days after receiving written notice of such deficiency from the City.

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In the event of termination for cause, the City may withhold any payments due to the Contractor until the work is completed by a replacement contractor, at which time the City will assess any additional costs incurred and adjust the final payment accordingly.

6.3. Federal Transit Administration (FTA) Termination Rights. This Agreement is subject to termination as required by the Federal Transit Administration (FTA). The City may terminate this Agreement, in whole or in part, if the Contractor fails to comply with any FTA terms, conditions, or applicable federal regulations. The termination rights under this clause are in addition to and in no way limit the Federal Government’s right to terminate this Agreement as described in 2 CFR § 200.340 and other applicable FTA guidelines.

6.4. Effect of Termination. Upon receipt of a notice of termination, the Contractor shall immediately cease all work, unless otherwise directed by the City. The Contractor shall deliver to the City all documents, data, reports, supplies, and other materials accumulated or generated under this Agreement, whether complete or in progress, upon termination.

6.5. Payment Upon Termination.

6.5.1. Final Payment Upon Termination. In the event of any termination of this Agreement, the City shall pay the Contractor for all services satisfactorily performed and reimbursable expenses incurred up to the effective date of termination, subject to the provisions below. The Contractor shall submit an itemized invoice to the City detailing the services performed and expenses incurred through the termination date.

6.5.2. Withholding of Payment. If the City disputes any portion of an invoice or finds any portion of the Contractor's services unsatisfactory, the City may withhold payment of the disputed amount. The City will promptly notify the Contractor in writing of any disputed amounts and provide the Contractor with an opportunity to address and resolve the dispute. The undisputed portion of the invoice shall be paid in accordance with the terms of this Agreement.

6.5.3. Non-Cancellable Expenses. In the event of termination for convenience by the City, the City shall reimburse the Contractor for any documented non-cancellable expenses that were incurred prior to the effective date of termination, provided such expenses were reasonably incurred in the performance of the Contractor's obligations under this Agreement and are consistent with the approved scope of

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work. The Contractor shall make every reasonable effort to mitigate or avoid incurring additional non-cancellable expenses after receiving notice of termination.

6.5.4. No Further Payments After Termination. Except for payment of services satisfactorily performed, reimbursable expenses incurred, and documented noncancellable expenses as provided herein, no further payments shall be made to the Contractor after the effective date of termination.

6.5.5. Offset for Additional Costs. In the event of termination for cause, the City may withhold any payments due to the Contractor until the work is completed by a replacement contractor. Upon completion of the project, the City shall assess any additional costs incurred as a result of completing the work through a replacement contractor. Any additional costs shall be deducted from the payments due to the Contractor, and if the City's costs exceed the amounts owed to the Contractor, the City may seek recovery of the excess costs from the Contractor.

6.5.6. Final Release of Claims. The acceptance by the Contractor of final payment upon termination shall constitute a release of all claims against the City for payment under this Agreement, except for those amounts specifically withheld or disputed by the City. The Contractor acknowledges that no further claims for compensation shall be made after receipt of the final payment.

7. Dispute Resolution.

7.1. Good Faith Negotiations. If any dispute arises between the City and the Contractor concerning the interpretation or performance of this Agreement, the Parties shall engage in good faith negotiations to resolve the dispute. Each Party shall designate a senior management or executive-level representative to meet and confer in an effort to resolve the dispute through informal discussions.

7.2. Mediation. If the dispute is not resolved within fifteen (15) calendar days of the commencement of good faith negotiations, either Party may request that the matter be submitted to non-binding mediation. The Parties shall mutually select a neutral mediator within fifteen (15) calendar days of such request, and the mediation shall be conducted within thirty (30) days of the mediator’s selection, unless otherwise agreed by the Parties. The costs of the mediator shall be shared equally by the Parties, and each Party shall bear its own costs and expenses, including attorney’s fees, related to the mediation.

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7.3. Injunctive Relief. Notwithstanding the above, either Party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or remedy an immediate threat of irreparable harm or to enforce its rights under this Agreement, without first engaging in good faith negotiations or mediation.

7.4. Litigation. If the Parties are unable to resolve the dispute through mediation, either Party may pursue legal action in a court of competent jurisdiction within the State of California.

Any litigation arising out of or relating to this Agreement shall be filed in the Superior Court of Tulare County, California. The prevailing Party in any such litigation shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses, including expert witness fees, incurred in connection with the litigation.

7.5. Obligation Pending Resolution. Pending the final resolution of any dispute under this Agreement, the Contractor shall continue to perform all obligations under this Agreement unless otherwise directed by the City in writing. The City shall continue to make payments in accordance with this Agreement for any undisputed amounts.

7.6. Waiver of Jury Trial. The City and Contractor mutually waive their respective rights to trial by jury in any action or proceeding arising out of or relating to this Agreement. This waiver is knowingly, voluntarily, and intentionally made by both Parties.

7.7. Time Limit for Dispute Resolution. Any dispute arising out of or related to this Agreement must be brought within the applicable statute of limitations or within one (1) year from the date the cause of action accrues, whichever is shorter, unless otherwise agreed in writing by the Parties.

8. Ownership of Work.

8.1. City Ownership of Work Product. All reports, documents, drawings, specifications, data, software, digital files, maintenance logs, and other materials, whether complete or in progress, prepared by the Contractor in the performance of this Agreement (collectively, "Work Product") shall be the property of the City. The City shall have ownership of all rights, title, and interest in and to the Work Product, including all intellectual property rights, and the Contractor shall not claim or assert any ownership interest therein.

8.2. Delivery of Work Product. Upon completion of services, termination of this Agreement, or at any time upon the City’s request, the Contractor shall promptly deliver to the City all Work Product, whether complete or in progress, including all digital records, data generated from the remote monitoring system, reports, files, and any other materials

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related to the performance of services under this Agreement. No additional compensation shall be provided for the delivery of such Work Product.

8.3. Use of Work Product by Contractor. The Contractor shall not use, disclose, or make available the Work Product to any third party without the prior written consent of the City. The Contractor agrees that the City may use, distribute, or modify the Work Product for any purpose related to the City’s operations or future projects without the Contractor’s approval and without further compensation to the Contractor.

8.4. Contractor’s Rights to Pre-Existing Materials. The Contractor may retain ownership of materials, methodologies, or proprietary tools that were developed by the Contractor independently of this Agreement and which are used in the performance of services under this Agreement (collectively, "Pre-Existing Materials"). However, any modifications or enhancements to such Pre-Existing Materials made under this Agreement shall be the property of the City. The Contractor grants the City a nonexclusive, royalty-free, perpetual license to use, modify, and distribute any Pre-Existing Materials incorporated into the Work Product.

8.5. Protection of Confidential Information. The Contractorshall maintain the confidentiality of any Work Product or other information related to the City’s operations that is marked or designated as confidential, and shall not disclose such information to any third party without the City’s prior written consent, except as required by law. This obligation shall survive the termination of this Agreement.

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. Contractor shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Contractor’s employees, agents, and subcontractors, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations. The City reserves the right to contract with other firms and/or Contractors during the term of this Agreement to provide the City the same or similar services that Contractor is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Contractor a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Contractor so as to satisfy the City’s needs.

10. Subcontractors.

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10.1. Approval of Subcontractors. Contractor shall not subcontract any portion of the work under this Agreement without the prior written consent of the City. Contractor shall be responsible for ensuring that any approved subcontractors comply with the terms and conditions of this Agreement, including but not limited to the requirements set forth in this section.

10.2. Responsibility of Subcontractor Compliance. Contractor shall include the Federal Transit Administration (FTA) Terms and Conditions in all subcontracts, as required by FTA regulations. Each subcontract shall include all required federal clauses.

10.3. Insurance Requirements for Subcontractors. Contractor shall require that all subcontractors maintain insurance coverage that meets or exceeds the insurance requirements outlined in the "Insurance Requirements" section of this Agreement.

Contractor shall obtain and verify certificates of insurance and endorsements from each subcontractor, naming the City as an additional insured where applicable, and shall provide these documents to the City upon request. Contractor shall ensure that all subcontractors include a waiver of subrogation in favor of the City in their insurance policies where permitted by law.

10.4. Indemnification for Subcontractors. Contractor agrees to indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, and volunteers, from and against any claims arising out of or related to the actions, errors, omissions, or negligence of any subcontractor, to the same extent as Contractor is required to do so under the indemnification provisions of this Agreement.

10.5. Termination of Subcontractors. If the City determines that any subcontractor is not complying with the terms of this Agreement or the applicable laws and regulations, the City may require the Contractor to terminate the subcontractor’s participation in the project and replace them with another subcontractor, subject to the City's approval.

11. 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.

12. Rebates, Kickbacks, or Other Unlawful Consideration. Contractor warrants that 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

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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.

13. 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 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 Michael Clower
Transportation Department President
291 N. Main Street 312 E. Grand Avenue
Porterville, CA 93257 Porterville, CA 93257

14. Miscellaneous

14.1. 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 exercised by professionals performing similar services in the same or similar time and locality, and under the same or similar circumstances.

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

14.3. 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.

14.4. 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.

14.5. 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.

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14.6. Compliance with Law. Contractor shall comply with all applicable local, state, and federal laws, including but not limited to the Federal Transit Administration (FTA) requirements as set forth in Exhibit "A" and all applicable USDOT and federal transit laws, regulations, and guidelines.

14.7. 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, 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.)

14.8. 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.

14.9. 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.

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

14.11. 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.

14.12. 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.

14.13. 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.

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

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

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

14.16. 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.

15. Force Majeure.

15.1. Definition of Force Majeure. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond the reasonable control of the affected Party, including, but not limited to:
• Acts of God (e.g., floods, earthquakes, hurricanes).
• Fires, explosions, or other natural disasters.
• War, terrorism, civil unrest, or acts of public enemies. • Government orders or regulations, including embargoes or other trade restrictions.
• Epidemics, pandemics, or quarantine restrictions.
• Labor strikes, lockouts, or industrial disturbances (provided such actions are not caused by the affected Party).
• Power failures or interruptions in telecommunications or utilities that are not due to the fault of the affected Party.

These events shall collectively be referred to as “Force Majeure Events.”

15.2. Notice of Force Majeure. In the event of a Force Majeure Event, the affected Party shall provide written notice to the other Party as soon as reasonably practicable, but in no event later than five (5) business days after the occurrence of the Force Majeure Event. Such notice shall include a description of the Force Majeure Event, the anticipated duration of the delay or failure, and the steps being taken to mitigate the effects of the Force Majeure Event.

15.3. Suspension of Performance. The obligations of the affected Party shall be suspended for the duration of the Force Majeure Event. The affected Party shall make reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance of its obligations as soon as reasonably practicable.

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15.4. Extended Force Majeure. If the Force Majeure Event continues for more than sixty (60) consecutive days, either Party may terminate this Agreement by providing written notice to the other Party. Upon such termination, the Contractor shall be entitled to payment for services satisfactorily performed and expenses incurred up to the effective date of the Force Majeure Event, in accordance with the provisions of this Agreement.

15.5. Exclusions from Force Majeure. Force Majeure shall not include:
• The financial inability of either Party to perform its obligations under this Agreement.
• Changes in market conditions, including increases in costs or unavailability of labor, materials, or equipment, except when such unavailability is caused by a Force Majeure Event.
• Delays caused by the negligence or willful misconduct of the affected Party.

15.6. Non-Waiver. The failure of either Party to provide timely notice of a Force Majeure Event shall not constitute a waiver of the affected Party’s right to claim force majeure, except to the extent that such failure materially prejudices the other Party.

16. Incorporation of FTA Terms. The preceding provisions include in part certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT) Federal Transit Administration (FTA), whether or not expressly set forth in this Agreement. All contractual provisions required by FTA are hereby incorporated by reference, and any conflicts between FTA requirements and other contract provisions shall be resolved in favor of FTA requirements. Contractor shall not perform any act or fail to perform any act that would cause the City to be in violation of FTA requirements.

17. 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.
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The Parties agree to the full performance of these terms set forth here.

City of Porterville Bright House Energy Construction, Inc. 291 N. Main Street 312 E. Grand Avenue
Porterville, CA 93257 Porterville, CA 93257
By: Greg Meister, Mayor By: Michael Clower, President

Date: __________________ Date: ___________________

Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk
Approved as to form:
_____________________________

, City Attorney
Exhibits:

A. FTA Terms & Conditions
B. RFP No. 25/26-SR1984
C. Contractor Proposal
D. Compensation

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

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

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

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

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

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

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

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

AGENCY,

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

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

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

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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.

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,

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FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.

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

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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.

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.

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

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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:

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

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

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

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

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

A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within

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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 continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an 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.

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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-oflading 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.

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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]:
_____________________________________________
(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

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[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 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.]

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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.

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.

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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 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

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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 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

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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 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.

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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.

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

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

B. Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. Contractor is encouraged to adopt and enforce policies that ban text messaging while driving company-owned/rented vehicles, Government-owned vehicles, and privately-owned

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

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

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

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

27. BUY AMERICA
[These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.]
A. Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that federal funds may not be obligated unless all steel, iron, and manufactured products

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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.”

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.]

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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.

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

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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 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

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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).

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

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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 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

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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 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

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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. § 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.

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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.

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

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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
REQUEST FOR PROPOSAL RFP No. 25/26-SR1984

SOLAR OPERATIONS & MAINTENANCE SERVICES
January 29, 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.

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CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 25/26-SR1984

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 29, 2026