Loading...
HomeMy WebLinkAbout2023-01-05 Council Agenda PacketThursday, January 5, 2023 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers (In Person And/Or Electronic) City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Annalisa Perea, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Agenda - Final Regular Meeting 01-05-2023 LC / MA 7-0 Approved as Amended. January 5, 2023City Council Meeting Agenda - Final THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. You can participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to comment on agenda items and those comments will become part of the official record. eComments will be available as soon as the agenda is published and will close 24 hours prior to the start of the meeting. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: January 5, 2023, 9:00 AM Pacific Time (US and Canada) Topic: January 5, 2023, Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_x_fS0AG1SLCGKujUvZBKQQ After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. c) If you wish to address Council during the public comment portion of the agenda, click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. Page 2 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of Fresno, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. The City of Fresno’s goal is to comply with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least three business days prior to the meeting. Page 3 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Pastor DJ Criner from Saint Rest Baptist Church. Pledge of Allegiance to the Flag Performances By: Bagpiping Performance by Aaron Lipinski Mariachi Cachanilla Folklorico Performance by Los Niños de Aztlán (The Children of Aztlán) Hmong Culture and Art Performance by Viv Ncaus Koom Siab (Sisters in Harmony) APPROVE AGENDA UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING CEREMONIAL PRESENTATIONS Installation and Administration of Oaths of Office to Councilmembers-Elects & Statements by the Newly Sworn in Councilmembers Councilmember Annalisa Perea - District 1 Oath Administered by Former Fresno County Supervisor Henry R. Perea ID 23-02 Councilmember Miguel Arias - District 3 Oath Administered by Anaii Zamora-Arias and Diego Angel Zamora-Arias ID 23-03 Councilmember Luis Chavez - District 5 Oath Administered by Pablo Villagrana ID 23-04 Councilmember Nelson Esparza - District 7 Oath Administered by Sandra Garcia and Dania Michelle Esparza ID 23-05 Election of Chair and Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno ID 23-06 Page 4 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final Election of Council President and Vice PresidentID 23-07 Comments by Council President & Vice PresidentID 23-08 1:00 P.M. MEETING TO RESUME IN CHAMBERS CEREMONIAL PRESENTATIONS (CONTINUED) Proclamation for “Corin Hoggard Day”ID 23-41 Sponsors:Councilmember Karbassi and Councilmember Arias 1. CONSENT CALENDAR Approval of Minutes for December 15, 2022, Regular Meeting and December 22, 2022, Special Meeting. ID 23-011.-A. Sponsors:Office of the City Clerk Actions related to the One Fresno Housing Strategy to address the production of new housing and leveraging adaptive reuse opportunities: 1.***RESOLUTION - Adopting the 22nd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 Appropriating $175,000 for One Fresno Housing Strategy Related Activities (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2.Affirm the City Manager’s Finding that LeSar Support Services is Uniquely Qualified 3.Approve a Consultant Agreement with LeSar Support Services for $175,000 to Provide Consultant and Grant Writing Services ID 23-281.-B. Sponsors:Office of Mayor & City Manager Actions pertaining to American Rescue Plan Act (ARPA) funding to Community Based Organizations (CBOs) 1.Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15301/Class 1 for to proposed project pursuant to the California Environmental Quality Act (CEQA) 2.Approve an agreement with Helping Others Pursue Excellence (HOPE) allocating $500,000 in ARPA funding for small business assistance and to construct a commercial ID 23-101.-C. Page 5 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final kitchen at an existing space on the Vision View campus. Sponsors:Finance Department ***RESOLUTION - Approving the payoff of the Roeding Business Park Loan in the amount of $1,220,801.51 between the City of Fresno and the California Infrastructure and Economic Development Bank (Subject to Mayor’s Veto.) ID 23-271.-D. Sponsors:Finance Department ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) ID 23-091.-E. Sponsors:Fire Department Approve an agreement with DataProse, LLC., in the not-to-exceed amount of $206,874.40 annually, plus annual CPI adjustments, for three years with three one-year optional extensions for the Finance Department’s print and mail services for utilities, business tax, and animal license billings and authorize the City Controller/Finance Director to execute all related documents (Bid File 9641) ID 23-421.-F. Sponsors:General Services Department and Finance Department Approve the purchase of licensing for the Accela Cannabis Module for our on-premise Accela Civic Platform in the amount of $20,000. ID 23-481.-G. Sponsors:Information Services Department ***RESOLUTION - Adopt the 8th Amendment to the FY 2023 Salary Resolution No. 2022-152, amending Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes to decrease the E13 minimum salary range from $9,766 to $9,092 per month for the affected classification of Project Liaison/Program Administrator, effective January 2, 2023 (Subject to Mayor’s Veto) ID 23-321.-H. Sponsors:Personnel Services Department Actions pertaining to the summary vacation of a portion of the ID 23-151.-I. Page 6 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Council District 3) 1.Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01 for the Southeast corner of North Parkway Drive and West Shields Avenue 2.Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-02 for a portion of North Parkway Drive, north of West Weldon Avenue 3.Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-03 for a portion of North Marks Avenue, north of the Marks-Shields Connector 4.***RESOLUTION - Ordering the summary vacation of a portion of the Southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Subject to Mayor’s Veto) Sponsors:Public Works Department Approve the Fourth Amendment to the professional consultant services agreement with Carollo Engineers, Inc., to expand the scope of services and increase the contract amount by $111,810 for a total fee not to exceed $1,101,141 (Council District 3). ID 23-111.-J. Sponsors:Department of Public Utilities Page 7 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final Actions pertaining to Reclamation Well Power Poles Replacement (Bid File 12300454) (Council District 3): 1.Adopt a finding of Categorical Exemption per staff determination pursuant to Class 1, Section 15301(b)&(d) (Existing Facilities) and Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines; and 2.Award a construction contract to A-C Electric Company, in the amount of $176,700.00. ID 23-121.-K. Sponsors:Department of Public Utilities Approve consultant services agreement with Electrical Power Systems, Inc., for an amount not to exceed $87,362, to provide a required Arc Flash Review and Update Study at the Fresno-Clovis Regional Wastewater Reclamation Facility. (Council District 3) ID 23-131.-L. Sponsors:Department of Public Utilities Actions pertaining to roof repairs at the Department of Public Utilities Operations & Maintenance Facility located at 1626 E Street, Fresno, California ( Bid File 12300671) (Council District 3): 1.Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15302/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a contract in the amount of $248,315.43 to Nations Roof West, LLC of Fresno, California ID 23-261.-M. Sponsors:Department of Public Utilities Actions pertaining to the submission of grant applications for the California Department of Water Resources 2022 Urban Community Drought Relief Program: 1.***RESOLUTION - Authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources for the Critical Wells for Drought Relief Project, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno ID 23-301.-N. Page 8 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final (Council Districts 5, 6, and 7) (Subject to Mayor’s Veto) 2.***RESOLUTION - Authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources for the Leaky Acres Groundwater Recharge Improvements Project, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Council District 4) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities ***RESOLUTION - Authorize acceptance of funding in the amount of $100,000 from the Pacific Gas and Electric (PG&E) Foundation Better Together Nature Positive Program, approving the associated Community College Rides Free project, and authorizing execution of grant documents. (Subject to Mayor’s veto) ID 23-141.-O. Sponsors:Department of Transportation and Vice President Maxwell Declaring local state of emergency to address affordable housing and homelessness. ID 23-571.-P. Sponsors:Councilmember Chavez, Councilmember Arias and Councilmember Perea CONTESTED CONSENT 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 3. GENERAL ADMINISTRATION 4. CITY COUNCIL RESOLUTION of the City of Fresno, California Honoring Fresno State Athletics and Urging Admission to a Power Five Conference. ID 23-254.-A. Sponsors:Vice President Maxwell and Office of Mayor & City Manager 5. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 ID 23-175.-A. Page 9 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Page 10 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney Sponsors:Office of Mayor & City Manager CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code Section 54956.9, subdivision (d)(2); Case Name(s): Adventure Church, Inc. v. City of Fresno; Terance Frazier; Fresno Superior Court Case No. 22CECG04022 ID 23-445.-B. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code Section 54956.9, subdivision (d)(2); Case Name(s): PW Fund B, LP; Span Development, LLC; Robin W. Martella Trust v. City of Fresno ID 23-455.-C. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall. ID 23-465.-D. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) ID 23-435.-E. Page 11 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final Case Name: Nelson Esparza v. Garry Bredefeld; Fresno Superior Court Case No. 22CECG01469 Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS JANUARY 19, 2023 10:00 A.M. - Hearing to adopt resolutions and ordinances to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 135 (Final Tract Map No. 5388)(located along West San Jose Avenue north of North Salinas Avenue)(Council District 2) MARCH 30, 2023 10:05 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 17, Annexation LS003 (Final Tract Map No. 6299) (located at southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) UPCOMING EMPLOYEE CEREMONIES January 18, 2023 (Wednesday) - Employee of the Winter Quarter April 19, 2023 (Wednesday) - Employee of the Spring Quarter April 26, 2023 (Wednesday) - Employee Service Awards July 19, 2023 (Wednesday) - Employee of the Summer Quarter October 18, 2023 (Wednesday) - Employee of the Fall Quarter November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE JANUARY 12, 2023 - NO MEETING JANUARY 19, 2023 - 9:00 A.M. JANUARY 26, 2023 - NO MEETING FEBRUARY 02, 2023 - NO MEETING FEBRUARY 09, 2023 - 9:00 A.M. FEBRUARY 16, 2023 - NO MEETING FEBRUARY 23, 2023 - 9:00 A.M. Page 12 City of Fresno ***Subject to Mayoral Veto January 5, 2023City Council Meeting Agenda - Final MARCH 02, 2023 - NO MEETING MARCH 09, 2023 - 9:00 A.M. MARCH 16, 2023 - NO MEETING MARCH 23, 2023 - NO MEETING MARCH 30, 2023 - 9:00 A.M. APRIL 06, 2023 - NO MEETING APRIL 13, 2023 - NO MEETING APRIL 20, 2023 - 9:00 A.M. APRIL 27, 2023 - 9:00 A.M. Page 13 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-02 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Councilmember Annalisa Perea - District 1 Oath Administered by Former Fresno County Supervisor Henry R. Perea City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 Oaths Administered City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-03 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Councilmember Miguel Arias - District 3 Oath Administered by Anaii Zamora-Arias and Diego Angel Zamora-Arias City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 Oaths Administered City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-04 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Councilmember Luis Chavez - District 5 Oath Administered by Pablo Villagrana City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 Oaths Administered City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-05 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Councilmember Nelson Esparza - District 7 Oath Administered by Sandra Garcia and Dania Michelle Esparza City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 Oaths Administered City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-06 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Election of Chair and Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 NE / LC 7-0 Approved to appoint Miguel Arias as Chair and Annalisa Perea as Vice Chair City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-07 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Election of Council President and Vice President City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 MA / NE 7-0 Approved to appoint Tyler Maxwell as President and Annalisa Perea as Vice President City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-08 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL SUBJECT Comments by Council President & Vice President City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 No comments made City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-41 Agenda Date:1/5/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:MIKE KARBASSI, Councilmember District 2, City Council SUBJECT Proclamation for “Corin Hoggard Day” RECOMMENDATION Attachment: City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Removed / Continued to 1-19-2023. New File ID 23-101 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-01 Agenda Date:1/5/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for December 15, 2022, Regular Meeting and December 22, 2022, Special Meeting. Attachment: Draft of December 15, 2022, Regular Meeting Minutes Draft of December 22, 2022, Special Meeting Minutes City of Fresno Printed on 1/13/2023Page 1 of 1 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Annalisa Perea, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 9:00 AM Council Chambers (In Person And/Or Electronic) Thursday, December 15, 2022 Regular Meeting 9:02 A.M. ROLL CALL Council President Nelson Esparza Vice President Tyler Maxwell Councilmember Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Associate Pastor Brent Deffenbacher from CrossCity Christian Church Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Councilmember Arias was requesting and amendment to Consent Calendar item 1-R (ID 22-1876), regarding the Emergency Solutions-Coronavirus Grant Agreement for the operation of mobile showers. The amendment would change Section 2 of the agreement to include the following: City Council offices may modify the locations of the mobile shower trailers in City of Fresno ***Subject to Mayoral Veto Page 1 December 15, 2022City Council Meeting Minutes their respective districts. Consent Calendar item 1-J (ID 22-1871) regarding the resolution to accept the 2021 SAFER Grant was moved to the January 5, 2023, agenda by the administration. Consent Calendar item 1-HH (ID 22-1859) regarding the summary vacation of portions of certain streets was moved to the January 5, 2023, agenda by Councilmember Arias. 10:05 A.M. Scheduled Council Hearing (ID 22-1806) regarding Plan Amendment and Rezone Application No. P19-05950 was moved to the January 19, 2023, agenda at 10:05 A.M. by Councilmember Karbassi. Councilmember Bredefeld registered a "no" vote for Consent Calendar item 1-PP (ID 22-1377) concerning the confirmation of emergency conditions impacting the ability of legislative bodies to meet safely in person. THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 1-L (ID 22-1842) regarding Requirements Contract for Custodial Services - moved to Contested Consent by Councilmember Arias. 1-R (ID 22-1876) regarding the Emergency Solutions-Coronavirus Grant Agreement for the operation of mobile showers - moved to Contested Consent by Councilmember Perea. 1-S (ID 22-1754) regarding 2020 Environmental Protection Agency Brownfields Revolving Loan Fund Grant - moved to Contested Consent by Councilmember Arias. 1-Y (ID 22-1793) regarding consultant services agreement with CDM Smith, Inc - moved to Contested Consent by Councilmember Arias. 1-JJ (ID 22-1867) regarding contract to Witbro Inc. dba Seal Rite Paving & City of Fresno ***Subject to Mayoral Veto Page 2 December 15, 2022City Council Meeting Minutes Grading - moved to Contested Consent by Councilmember Arias. 1-OO (ID 22-1892) regarding grant applications to the California State Transportation Agency funding programs - moved to Contested Consent by Councilmember Arias. The agenda was first approved as amended with Consent Calendar item AA (ID 22-1843) tabled to January 5, 2023 by Council President Esparza. The motion was made by Councilmember Chavez. Councilmember Arias seconded the motion which PASSED 7-0 by unanimous vote. Subsequently, Council President Esparza motioned to reconsider approval of the agenda in order to hear the time sensitive Consent Calendar item AA (ID 22-1843) on the Contested Consent Calendar. Councilmember Arias seconded the motion to reconsider approval of the agenda which PASSED 7-0 by unanimous vote. Following the motion to reconsider, Council President Esparza motioned to move Consent Calendar item AA (ID 22-1843) to the Contested Consent Calendar and approve the agenda as amended. The motion was seconded by Vice President Maxwell and PASSED 7-0 by unanimous vote. On motion of Council President Esparza, seconded by Vice President Maxwell, the above agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - CEREMONIAL PRESENTATIONS COUNCILMEMBER REPORTS AND COMMENTS Councilmember Perea Reports and Comments. Thanked her fellow Councilmembers for selecting her to serve the remainder of Esmeralda Soria's term as the Councilmember for District 1. Recognized Gilbert Felix and the District 1 team for helping run the office during the transition between Councilmembers. Discussed the successful District 1 toy drive which collected approximately 200 toys for children in need. Declared she would always stand against hate and reaffirmed her commitment to the City of Fresno ***Subject to Mayoral Veto Page 3 December 15, 2022City Council Meeting Minutes LGBTQ community. Councilmember Karbassi Reports and Comments. Welcomed Councilmember Perea as the District 1 representative. Announced the warming center in Pinedale would be open for people and pets from 7 P.M. to 7 A.M. when temperatures were below 35 degrees Fahrenheit. Wished everyone a happy Christmas and Chanukah then gifted the Council and administration coaster sized rugs that were handmade in Armenia. Acknowledged City Manager White for being a great partner helping District 2 achieve its goals. Thanked District 2 staff for their hard work the past year. Discussed the progress of Safe Routes to School around Star Elementary. Thanked the PARCS Department for help with a recent community meeting. Acknowledged Mayor Dyer, the City Clerk's Office and the Office of the City Attorney. Councilmember Arias Reports and Comments. Reported 57 families had moved into the Monarch Building before Christmas due to the hard work of City staff. Announced an upcoming LuLu Foundation toy drive in the Chinatown Fresno Neighborhood. Requested a memo from the administration as to whether the Proud Boys were classified as a criminal gang under current definitions. Requested the Old Fresno Water Tower be lit in the LGBTQ colors for the week in recognition of the Respect for Marriage Act passing at the national level. Councilmember Chavez Reports and Comments. Welcomed Councilmember Perea to the dais. Acknowledged City staff and the Department of Public Works for helping with flooding issues caused by recent rains. Announced bike lanes had been added to First Street which now help connect Hazlewood Boulevard, Peach Avenue and the Fresno Pacific University area. Discussed the upcoming mid-year budget. Councilmember Bredefeld Reports and Comments. Welcomed Councilmember Perea and recalled working with her father, former City Councilmember Henry R. Perea. Vice President Maxwell Reports and Comments. Welcomed Councilmember Perea as the newest Councilmember. Recognized and City of Fresno ***Subject to Mayoral Veto Page 4 December 15, 2022City Council Meeting Minutes thanked his staff for helping to accomplish great things in Council District 4 over the past year. Acknowledged the hard work of staff in each of the City departments. Council President Esparza Reports and Comments. Thanked District 7 and PARCS Department staff for a successful community meeting about Radio Park and Proposition 68 funds. Discussed the recent opening of a City Hall time capsule from 1992. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments. Welcomed Councilmember Perea to the dais and recalled working with her father at City Hall. Noted that Council and administration cooperation accomplished a lot over the past year. Reported the administration was looking for additional items to place into the next time capsule. Recognized the Facilities team for keeping City Hall in great shape for the last thirty years. Acknowledged the hard work put in by each department to serve the people of Fresno. Discussed a memo distributed to Council which reported on potential California Public Utilities Commission changes to Net Energy Metering. UNSCHEDULED COMMUNICATION Upon call for unscheduled communication and public comment on Consent Calendar, Contested Consent Calendar and Closed Session items, the following members of the public addressed Council: John Brown, Fernando Paul Elizondo, Sr., Steve Diddy (1-J), Rosio, Isabel Ramos, Zayn Anthony, Alicia, Brandi N., Faith, Dez, Cesar Casamayor (1-V), Jackie Holmes (1-O), Rikki, Robert McCloskey, Shana Bender, Cynthia Piombino, Lisa Flores, Karla Martinez (1-O), Ruben Espinoza (1-V), Haley White, Laura Splotch and Paul Dictos. Following unscheduled communication, Councilmember Bredefeld provided a brief response to the speakers who were critical of his social media posts about a drag show held the previous weekend. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Vice President City of Fresno ***Subject to Mayoral Veto Page 5 December 15, 2022City Council Meeting Minutes Maxwell, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 1.-A.ID 22-1864 Approval of the minutes for December 1, 2022, Regular Meeting and December 9, 2022, Special Meeting. APPROVED ON CONSENT CALENDAR 1.-B.ID 22-1767 RESOLUTION - amending certain designated positions which shall be subject to the conflict of interest code and defining categories of disclosures for such positions RESOLUTION 2022-285 ADOPTED APPROVED ON CONSENT CALENDAR 1.-C.ID 22-1873 ***RESOLUTION-Adopt the 4th Amendment to the Position Authorization Resolution (PAR) No. 2022-153 adding (2) full-time positions of Community Coordinators in the General City Purpose Department, Animal Control Division (Subject to Mayor’s Veto) RESOLUTION 2022-286 ADOPTED APPROVED ON CONSENT CALENDAR 1.-D.ID 22-1894 Approve a Second Amendment to the Interfund Loan Agreement between the City of Fresno Sewer Operating Fund and the City of Fresno General Fund for the purchase, acquisition, and operation of the Valley Inn motel to extend repayment for up to three months APPROVED ON CONSENT CALENDAR 1.-E.ID 22-1891 ***RESOLUTION - Adopt the 7th Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 2, Unit 2 - Non-Represented Management and Confidential Classes, to create the new classification of Senior City Attorney Investigator (Subject to Mayor’s Veto) RESOLUTION 2022-287 ADOPTED APPROVED ON CONSENT CALENDAR 1.-F.ID 22-1734 Actions relating to the purchase and installation of License Plate Recognition System (LPR) as a part of the Parking and Control Revenue System equipment (PARCS) from SKIDATA, Inc., a Delaware Corporation, (SKIDATA) for the Surface Parking Lot project at Fresno Yosemite International Airport (Council District 4): City of Fresno ***Subject to Mayoral Veto Page 6 December 15, 2022City Council Meeting Minutes 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. RESOLUTION - Approving an Exception to Formal Bidding Requirements and Authorizing a Sole Source Contract for License Plate Recognition System. 3. Award a contract to SKIDATA Inc., for the purchase and installation of License Plate Recognition System (LPR) as a part of the Parking and Revenue Control System equipment (PARCS) for all entrances and exits of Airport Parking with Grant Funds in the amount of $350,340. RESOLUTION 2022-288 ADOPTED APPROVED ON CONSENT CALENDAR 1.-G.ID 22-1763 Actions related to the Lease Agreement with John Tomaino, an individual, d.b.a. American Helicopters, which is a Specialized Aviation Service Operation (SASO) that runs a helicopter and airplane flight training business at Fresno Chandler Executive Airport (FCH). (Council District 3) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Approve the revised Lease Agreement (Lease), which contains amended language (staff received direction from the City Council on September 29, 2022), with John Tomaino, an individual, d.b.a. American Helicopters, to continue operating a helicopter and airplane flight training business at FCH for a term of three (3) years. The amount of potential revenue generated by this Lease is $57,101.59, plus an annual CPI adjustment. (Council District 3) APPROVED ON CONSENT CALENDAR 1.-H.ID 22-1865 Actions related to the Baggage Cart Concession Agreement with Smarte Carte, Inc.: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve the Baggage Cart Concession Agreement between the City of Fresno and Smarte Carte, Inc., at Fresno Yosemite International Airport. The term of the agreement is 5 years plus a 5 -year option. Total annual revenue is estimated to be $5,700. Total anticipated revenue during the full term of the agreement is approximately $28,500. (Council District 4) City of Fresno ***Subject to Mayoral Veto Page 7 December 15, 2022City Council Meeting Minutes APPROVED ON CONSENT CALENDAR 1.-I.ID 22-1898 Submission and Acceptance of the City of Fresno Clean and Safe Neighborhood Parks Tax (Measure P) Report for Fiscal Year 2022. APPROVED ON CONSENT CALENDAR 1.-J.ID 22-1871 ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) The above item was tabled to January 5, 2023, by staff. TABLED 1.-K.ID 22-1834 Actions pertaining to the award of a sole source purchase agreement with Powerscreen of Dixon, California, for the purchase of one Chieftain 1400 tracked mobile inclined screener in the amount of $401,500: 1.RESOLUTION - Adopt a Resolution approving an exception to formal bidding procedures and award a sole source purchase agreement for one Chieftain 1400 tracked mobile inclined screener 2.Approve the award of a purchase agreement to Powerscreen of Dixon, California for the purchase of one Chieftain 1400 tracked mobile inclined screener in the amount of $401,500 for the Department of Public Works, Street Maintenance Division RESOLUTION 2022-289 ADOPTED APPROVED ON CONSENT CALENDAR 1.-M.ID 22-1779 ***RESOLUTION - Adopt the 6th Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 8, Unit 8, Non-Represented to increase the salary range for the Lifeguard, Services Aide and Intern classifications from $15.00 - $19.00 per hour to $15.50 - $19.50 per hour; increase the Police Cadet I classification salary range from $15.00 - $20.00 to $15.50 to $20.50 per hour; increase the Senior Lifeguard classification salary range from $15.50 - $20.00 to $16.00 - $20.50 per hour; increase the minimum salary range of Sports Official classification from $15.00 to $15.50 per game; and amend the Cashier Clerk classification salary range from Flat Rate to Hourly with a salary range of $15.50 - $19.50 per hour, effective January 1, 2023 (Subject to Mayor’s Veto) RESOLUTION 2022-290 ADOPTED APPROVED ON CONSENT CALENDAR 1.-N.ID 22-1874 ***RESOLUTION-Adopt the 5th Amendment to the Position Authorization City of Fresno ***Subject to Mayoral Veto Page 8 December 15, 2022City Council Meeting Minutes Resolution (PAR) No. 2022-153 adding one (1) permanent part time position of Senior HR/Risk Analyst in the Personnel Services Department (Subject to Mayor’s Veto) RESOLUTION 2022-291 ADOPTED APPROVED ON CONSENT CALENDAR 1.-O.ID 22-1872 ***RESOLUTION - Adopting Substantial Amendment 2022-01 to the Fiscal Year (FY) 2022-2023 Annual Action Plan and authorizing submission to the U.S. Department of Housing and Urban Development (HUD) to reprogram $3,840,768.21 in Community Development Block Grant (CDBG) funds from prior year CDBG project savings and repayment (Subject to Mayor’s Veto) RESOLUTION 2022-292 ADOPTED APPROVED ON CONSENT CALENDAR 1.-P.ID 22-1878 ***RESOLUTION - Adopting the 16th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $59,946,400 for Homekey Program related activities (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2022-293 ADOPTED APPROVED ON CONSENT CALENDAR 1.-Q.ID 22-1860 ***RESOLUTION - Adopting the 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $380,700 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2022-294 ADOPTED APPROVED ON CONSENT CALENDAR 1.-T.ID 22-1781 Approve a $2.5 million State and Local Fiscal Recovery Funds (part of the American Rescue Plan) Agreement with Fresno 1101 Parkway, LP for the proposed Sun Lodge project, which consists of the rehabilitation of the former Days Inn Motel and the introduction of new construction at the site to create 64 affordable permanent housing units in west central Fresno (District 3) APPROVED ON CONSENT CALENDAR 1.-U.ID 22-1863 Actions pertaining to the acquisition of three undeveloped properties by Assignment of Purchase and Sale Agreements for the development of affordable housing (District 3): City of Fresno ***Subject to Mayoral Veto Page 9 December 15, 2022City Council Meeting Minutes 1. Approve Assignment of Purchase and Sale Agreement for the amount $192,000 from the Fresno Housing Authority for 1.03 acres of undeveloped land (APNs 44934203, 44934204, & 44934205). 2. Approve Assignment of Purchase and Sale Agreement for the amount of $69,000 from the Fresno Housing Authority for 0.28 acres of undeveloped land (APN 44934202) 3. Approve Assignment of Purchase and Sale Agreement for the amount of $125,000 from the Fresno Housing Authority for 0.84 acres of undeveloped land (APN 44932118). APPROVED ON CONSENT CALENDAR 1.-V.ID 22-1877 Actions pertaining to the Proposition 64 Health and Safety Grant Cohort 2 (Prop. 64) Grant program 1. Authorize the Chief of Police to accept $1,958,057 in grant funding for the Proposition 64 Health and Safety Cohort 2 (Prop. 64) Grant awarded to the Fresno Police Department from the State of California, Board of State and Community Corrections (BSCC). 2. ***RESOLUTION - Adopt a Resolution authorizing acceptance of $1,958,057 in grant funding from the State of California Board of State and Community Corrections (BSCC) for the Fresno Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) grant (Subject to Mayor’s Veto) 3. ***RESOLUTION - Adopt the 6th Amendment to the Position Authorization Resolution (PAR) No. 2022-153 adding one full-time position of Community Services Officer to act as a liaison between Fresno Police Department and residents of the city of Fresno for the Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) grant (Subject to Mayor’s Veto) 4. ***RESOLUTION - Adopt the 20th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $604,400 for the Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 5. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with the City of Mendota to hire personnel, purchase equipment, attend training and conduct public outreach and events to raise awareness about the legalization of cannabis in the amount of $452,510 over the three-year performance period of the grant 6. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with the Fresno Economic Opportunities Commission (FEOC) for the hiring of personnel to provide therapy and counseling for youth referrals from project partners and conduct monthly City of Fresno ***Subject to Mayoral Veto Page 10 December 15, 2022City Council Meeting Minutes youth-focused activities in both the cities of Fresno and Mendota in the amount of $1,100,637 over the three-year performance period of the grant 7. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with the Boys & Girls Clubs of Fresno County for the implementation of youth prevention programs including drug prevention and intervention in the amount of $124,410 over the three-year performance period of the grant 8. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with California State University of Fresno, Foundation to prepare a pre-and post-Local Evaluation Report in the amount of $15,000 over the three-year performance period of the grant RESOLUTION 2022-296 ADOPTED RESOLUTION 2022-297 ADOPTED RESOLUTION 2022-298 ADOPTED APPROVED ON CONSENT CALENDAR 1.-W.ID 22-1890 Authorize the Chief of Police to enter an agreement with County of Fresno for the reimbursement of five Fresno Police Officers, one Police Sergeant, and one Crime Analyst which will be assigned to the Adult Compliance Team (ACT) in an amount not to exceed $1,660,661 for Fiscal Year 2022-23. APPROVED ON CONSENT CALENDAR 1.-X.ID 22-1792 Approve the Second Amendment to the consultant services agreement with Stearns, Conrad, and Schmidt Consulting Engineers, Inc., to expand the scope of services, to extend the agreement to December 31, 2023, and increase the previously amended contract amount of $84,540 by $65,024 for a total amended contract amount of $149,564, for professional consulting services for SB 1383 compliance planning. (Citywide) APPROVED ON CONSENT CALENDAR 1.-Z.ID 22-1855 Reject all bids received for Requirements Contract to Furnish and Install Concrete and Paving Repairs at the Fresno-Clovis Regional Wastewater Reclamation Facility. (Bid File 9642) (Council District 3) APPROVED ON CONSENT CALENDAR 1.-BB.ID 22-1844 Reject all bids for the BRT Corridor ATP Pedestrian Intersection Improvements Project - Bid File 3820 (All Council Districts) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 11 December 15, 2022City Council Meeting Minutes 1.-CC.ID 22-1845 Annual Review and Acceptance of the FY 2022 Summary of Impact Fee Waivers APPROVED ON CONSENT CALENDAR 1.-DD.ID 22-1846 Approve the Tenth Amendment to the California High Speed Rail Authority Reimbursement Agreement No. HSR 11-29, which extends the contract end date by 12 months to December 31, 2023 (Council District 1, 2, & 3) APPROVED ON CONSENT CALENDAR 1.-EE.ID 22-1847 Approve an agreement for Professional Engineering Services with Peters Engineering Group for $258,770, with a $30,000 contingency, for design and construction support services for the Clinton Avenue Widening Project from 600 feet west of Marks Avenue to 500 feet west of Valentine Avenue (Council District 3) APPROVED ON CONSENT CALENDAR 1.-FF.ID 22-1856 Actions pertaining to professional on-call civil engineering services for the Public Works Engineering Division on City of Fresno neighborhood infrastructure capital projects (Citywide) 1. Approve an On-Call Consultant Services Agreement with Mark Thomas & Company, Inc., in the amount of $1,500,000 2. Approve an On-Call Consultant Services Agreement with Peters Engineering Group, in the amount of $1,500,000 3. Approve an On-Call Consultant Services Agreement with Provost & Pritchard Consulting Group, in the amount of $1,500,000 APPROVED ON CONSENT CALENDAR 1.-GG.ID 22-1858 Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual Report (May 2022 through October 2022) (Citywide) APPROVED ON CONSENT CALENDAR 1.-HH.ID 22-1859 Actions pertaining to the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Council District 3) 1. Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01 for the Southeast corner of North Parkway Drive and West Shields Avenue 2. Adopt findings of Categorical Exemption per staff determinations, City of Fresno ***Subject to Mayoral Veto Page 12 December 15, 2022City Council Meeting Minutes pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW 00663-SR99-02 for a portion of North Parkway Drive, north of West Weldon Avenue 3.Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-03 for a portion of North Marks Avenue, north of the Marks -Shields Connector 4.***RESOLUTION - Ordering the summary vacation of a portion of the Southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Subject to Mayor’s Veto) The above item was tabled to January 5, 2023, by Councilmember Arias. 1.-II.ID 22-1862 RESOLUTION - Of Intention to Annex Final Tract Map No. 5388 as Annexation No. 135 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, January 19, 2023, at 10:00 am (located along West San Jose Avenue north of North Salinas Avenue) (Council District 2) RESOLUTION 2022-300 ADOPTED APPROVED ON CONSENT CALENDAR 1.-KK.ID 22-1868 Actions pertaining to on -call professional environmental assessment and technical study support services for the Public Works Engineering Division on City of Fresno capital improvement projects (Citywide) 1.Approve an On-Call Consultant Services Agreement with Harris & Associates, Inc., in the amount of $4,000,000 2.Approve an On-Call Consultant Services Agreement with LSA Associates, Inc., in the amount of $4,000,000 3.Approve an On-Call Consultant Services Agreement with SWCA Environmental Consultants, Inc., in the amount of $4,000,000 APPROVED ON CONSENT CALENDAR 1.-LL.ID 22-1869 Actions pertaining to Final Map of Tract No. 6238 RESOLUTION - Approving the Final Map of Tract No. 6238, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer City of Fresno ***Subject to Mayoral Veto Page 13 December 15, 2022City Council Meeting Minutes installed required improvements - located near the southeast corner of North Alicante Drive and North Crest View Drive (Council District 6) RESOLUTION 2022-301 ADOPTED APPROVED ON CONSENT CALENDAR 1. -MM. ID 22-1875 Approve Third Amendment to Reimbursement Agreement No. HSR 16-57 with the California High Speed Rail Authority for the Veterans Boulevard Grade Separation (Council District 2) APPROVED ON CONSENT CALENDAR 1.-NN.ID 22-1882 Actions pertaining to the Fink -White Park Splash Play Area Project - Bid File 12300706 (Council District 3) 1.Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301 (d)/Class 1 and 15302/Class 2 of the California Environmental Quality Act Guidelines 2.Award a construction contract in the amount of $1,271,280 to American Paving Company of Fresno, California, as the lowest responsive and responsible bidder APPROVED ON CONSENT CALENDAR 1.-PP.ID 22-1377 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto). Councilmember Bredefeld registered a "no" vote on the above item. As such, this item was APPROVED 5-1 by the following vote: Aye (5): Perea, Karbassi, Arias, Maxwell, Esparza No (1): Bredefeld Absent (1): Chavez RESOLUTION 2022-305 ADOPTED APPROVED ON CONSENT CALENDAR JOINT MEETING OF THE CITY COUNCIL, FRESNO REVITALIZATION CORPORATION, THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO City of Fresno ***Subject to Mayoral Veto Page 14 December 15, 2022City Council Meeting Minutes 1.-QQ.ID 22-1885 Actions pertaining to the affordable residential housing project at 1241-1263 Broadway Mall, commonly known as Hotel Fresno 1. ***RESOLUTION - Supporting Broadway Plaza Family Apartments, LP’s Hotel Fresno project and awarding $1.5 million in Permanent Local Housing Allocation funds for development of the Hotel Fresno Housing Project in downtown Fresno (District 3) (Subject to Mayor’s Veto) (City Action Only) 2. Approve a Fourth Amendment to the Amended and Restated Owner Participation Agreement with Broadway Plaza Family Apartments, LP RESOLUTION 2022-306 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-L.ID 22-1842 Actions Pertaining to a Requirements Contract for Custodial Services: 1. Approve the Award of a Requirements Contract to ScrubCan Inc. for Three Years with Two One-year Optional Extensions for Routine and Deep Clean Custodial Services at Parks, Afterschool, Recreation and Community Services (PARCS) Facilities (Bid File 9658) 2. Authorize Spending Authority for Custodial Services in an Amount Not to Exceed $700,000 Per Year with no Minimum Spending Guarantee Expressed or Implied Under Any Respective Requirements Contract 3. Authorize the PARCS Director or Designee to Execute all Related Documents on Behalf of the City Councilmember Arias moved this item to the Contested Consent Calendar to clarify which services would be provided under the contract. APPROVED On motion of Councilmember Arias, seconded by Vice President Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-R.ID 22-1876 Approve the Emergency Solutions-Coronavirus (ESG-CV) Grant agreement between the City of Fresno and Gracebound Inc. in the amount of $185,000 for the operation of mobile showers. Councilmember Perea moved this item to the Contested Consent Calendar City of Fresno ***Subject to Mayoral Veto Page 15 December 15, 2022City Council Meeting Minutes to determine how mobile shower site locations were determined and requested to work with staff to bring a location to the Tower District. Councilmember Arias noted he worked with the administration and requested Section 2 of the agreement be amended to indicate that City Council offices may work with the administration to modify the locations of movable shower trailers in their respective districts. The motion to approve this item included the amendment suggested by Councilmember Arias. Councilmember Arias stated, for the record, he was interested in finding a location for mobile showers in Downtown Fresno. APPROVED AS AMENDED On motion of Councilmember Perea, seconded by Councilmember Karbassi, that the above Action Item be APPROVED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-S.ID 22-1754 Actions pertaining to the 2020 Environmental Protection Agency Brownfields Revolving Loan Fund Grant and the 2019 Environmental Protection Agency Brownfields Coalition Assessment Grant: 1.***RESOLUTION - Adopting the 17th amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to appropriate $694,000 for the Environmental Protection Agency Brownfields Revolving Loan Fund Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2.Approve the Second Amendment to the consultant services agreement between the City of Fresno and Stantec Consulting Services, Inc., regarding planning services for the Brownfields Coalition Assessment Grant to increase the scope of work, extending the contract performance period to January 31, 2026, and authorizing additional compensation in the amount up to $100,000. Councilmember Arias moved this item to the Contested Consent Calendar for clarification on the status of the projects. RESOLUTION 2022-295 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be ADOPTED. The motion carried City of Fresno ***Subject to Mayoral Veto Page 16 December 15, 2022City Council Meeting Minutes by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-Y.ID 22-1793 Approve First Amendment to the consultant services agreement with CDM Smith, Inc., to expand the scope of services, extend the agreement to December 31, 2023, and increase the contract amount by $230,600 for a total contract amount of $660,450, for groundwater investigation and remedial action at the City of Fresno Sanitary Landfill. (Council District 3) Councilmember Arias moved this item to the Contested Consent Calendar to receive a summary update of the superfund landfill. APPROVED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-JJ.ID 22-1867 Award a requirements contract to Witbro Inc. dba Seal Rite Paving & Grading up to $411,611.55 per year to furnish and install pavement undulations on various streets (Bid File 9661) (Citywide) Councilmember Arias moved this item to the Contested Consent Calendar for the purposes of amending this item as a one year contract without extensions. APPROVED AS AMENDED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-OO.ID 22-1892 Actions pertaining to grant applications to the California State Transportation Agency funding programs 1.RESOLUTION - Approve a grant application for the Blackstone and McKinley BNSF Grade Separation Project for grant funds up to the City of Fresno ***Subject to Mayoral Veto Page 17 December 15, 2022City Council Meeting Minutes amount of $80,000,000 from the California State Transportation Agency Port and Freight Infrastructure Program (Council Districts 1 and 7) 2.RESOLUTION - Approve a grant application for the Blackstone and McKinley BNSF Grade Separation Project for grant funds up to the amount of $80,000,000 from the California State Transportation Agency Transit and Intercity Rail Capital Program (Council Districts 1 and 7) 3.RESOLUTION - Approve a grant application for the FAX Zero-Emissions Technology Investment Project for grant funds up to the amount of $37,500,000 from the California State Transportation Agency Transit and Intercity Rail Capital Program (All Council Districts) Councilmember Arias moved this item to Contested Consent to point out that the item was underfunded. He recommended utilizing Measure "C" funding allocated for interchange projects in District 3 to help complete this item. RESOLUTION 2022-302 ADOPTED RESOLUTION 2022-303 ADOPTED RESOLUTION 2022-304 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-AA.ID 22-1843 Actions pertaining to Final Map of Tract No. 6325 RESOLUTION - Approving the Final Map of Tract No. 6325, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northwest corner of North Armstrong Avenue and East Clinton Avenue (Council District 7) Council President Esparza moved this item to Contested Consent. City Clerk Stermer read the entire agenda title for the above item for the clarification of the public. Upon call for public comment, Lisa Flores addressed Council. City of Fresno ***Subject to Mayoral Veto Page 18 December 15, 2022City Council Meeting Minutes RESOLUTION 2022-299 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:05 A.M. ID 22-1806 HEARING to consider Plan Amendment and Rezone Application No. P19-05950 and related Environmental Assessment No. P19-05950, for approximately 1.73 acres of property located on the south side of West Nees Avenue, between North Blackstone and North Ingram Avenues (Council District 2) 1. ADOPT the Negative Declaration as prepared for Environmental Assessment No. P19-05950 dated July 29, 2022, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. RESOLUTION - Approving Plan Amendment Application No. P19- 05950 proposing to amend the Fresno General Plan to change the planned land use designation for the subject property from High Density Residential (±1.73 acres) to Regional Mixed Use (±1.73 acres). 3. BILL (for introduction and adoption) - Approving Rezone Application No. P19-05950 proposing to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RM-3/UGM/CZ (Multi-Family Residential, High Density/Urban Growth Management/conditions of zoning) zone district to the RMX (Regional Mixed Use) zone district in accordance with Plan Amendment Application No. P19-05950. The above item was tabled to January 19, 2023, at 10:05 A.M. by Councilmember Karbassi. 3. GENERAL ADMINISTRATION 3.-A.ID 22-1857 Update on State Center Community College District Projects by Chancellor Dr. Carole Goldsmith The above workshop was presented by Dr. Carole Goldsmith, Chancellor of State Center Community College District. Following the presentation, City of Fresno ***Subject to Mayoral Veto Page 19 December 15, 2022City Council Meeting Minutes Council discussion included the topics of TCC grant improvements to Church Avenue and water access to the First Responder Campus. PRESENTED 4. CITY COUNCIL 5. CLOSED SESSION During open session, Chief Assistant City Attorney Badhesha announced the items that would be discussed in closed session. Council President Esparza and Councilmember Bredefeld each announced they would be recused from closed session item 5-C (ID 22-1900) due to conflicts. Council withdrew from open session to hear closed session items at 11:30 A.M. 5.-A.ID 22-1883 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name(s): Desiree Martinez, et al. v. City of Fresno; Eastern District Court Case No. 1:22-cv-00307 The above item was discussed in closed session. There were no open session announcements following the discussion. DISCUSSED 5.-B.ID 22-1901 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating City of Fresno ***Subject to Mayoral Veto Page 20 December 15, 2022City Council Meeting Minutes Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney The above item was discussed in closed session. There were no open session announcements following the discussion. DISCUSSED 5.-C.ID 22-1900 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Nelson Esparza v. Garry Bredefeld; Fresno Superior Court Case No. 22CECG01469 The above item was discussed in closed session. Council President Esparza and Councilmember Bredefeld were recused from this item and City of Fresno ***Subject to Mayoral Veto Page 21 December 15, 2022City Council Meeting Minutes were not present for the discussion. There were no open session announcements following the discussion of this item. DISCUSSED ADJOURNMENT City Council adjourned at 12:14 P.M. City of Fresno ***Subject to Mayoral Veto Page 22 December 22, 2022, Draft Special Meeting Minutes 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Annalisa Perea, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 10:00 AM Council Chambers (In Person and/or Electronic) Thursday, December 22, 2022 Special Meeting The City Council met in special session in the Council Chamber, City Hall, on the date and time above written. 10:03 A.M. ROLL CALL Councilmember Chavez was absent during roll call but joined the meeting at 10:19 A.M. Council President Nelson Esparza Vice President Tyler Maxwell Councilmember Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Present:6 - Councilmember Garry BredefeldAbsent:1 - APPROVE AGENDA City Clerk Stermer announced that Councilmembers Perea, Arias and Council President Esparza were each co-sponsors of agenda item A (ID 22-1951). On motion of Vice President Maxwell, seconded by Councilmember Perea, the agenda was APPROVED AS AMENDED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 1 December 22, 2022City Council Meeting Minutes Aye:Esparza, Maxwell, Perea, Karbassi and Arias5 - Absent:Chavez and Bredefeld2 - ID 22-1950 Special Meeting Notice - Signed OPEN SESSION: A.ID 22-1951 ***RESOLUTION - Emergency Expansion of City of Fresno Warming Centers Councilmember Arias provided an overview of the item. Upon call for public comment, the following people addressed Council: Dez, Mary Mason, Brandi Nuse-Villegas, Davante, Cindy Piomino, Alex Sanchez, Robert McCloskey, Lisa Flores and Trisha B. Councilmember Arias motioned to approve the item with amendments to keep all four warming centers open for the next thirty days from 6 P.M. to 8: A.M. City Manager White clarified that City staff had already been given direction to open all four warming centers the previous night and to keep them open through January 31, 2023. She also noted the adjusted opening and closing times for warming centers would conflict with some recreational, senior and youth programming scheduled for the community centers. Councilmembers were in agreement that warming center functions would take priority but requested an assessment of impacted programs. In discussion with the Council President, City Manager White clarified the intent was for funding to come from existing appropriations in the PARCS Department. Council discussion included: the need to update criteria for triggering warming centers; how many possessions an unhoused individual would be allowed to bring to a warming center on a FAX bus; whether or not pets would be allowed to travel to warming centers on FAX busses, and; the possibility of rotating the mobile shower units at the warming centers. RESOLUTION 2022-307 ADOPTED AS AMENDED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED AS AMENDED. The City of Fresno ***Subject to Mayoral Veto Page 2 December 22, 2022City Council Meeting Minutes motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Chavez6 - Absent:Bredefeld1 - ADJOURNMENT The meeting was adjourned at 10:44 A.M. City of Fresno ***Subject to Mayoral Veto Page 3 Updated December 15, 2022, Draft Regular Meeting Minutes Added the following language to page 1 of 22: The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 2600 Fresno Street Fresno, CA 93721 www.fresno.gov City of Fresno Meeting Minutes City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Annalisa Perea, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC 9:00 AM Council Chambers (In Person And/Or Electronic) Thursday, December 15, 2022 Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:02 A.M. ROLL CALL Council President Nelson Esparza Vice President Tyler Maxwell Councilmember Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Present:7 - Invocation by Associate Pastor Brent Deffenbacher from CrossCity Christian Church Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Councilmember Arias was requesting and amendment to Consent Calendar item 1-R (ID 22-1876), regarding the Emergency Solutions-Coronavirus Grant Agreement for the operation of mobile showers. The amendment City of Fresno ***Subject to Mayoral Veto Page 1 December 15, 2022City Council Meeting Minutes would change Section 2 of the agreement to include the following: City Council offices may modify the locations of the mobile shower trailers in their respective districts. Consent Calendar item 1-J (ID 22-1871) regarding the resolution to accept the 2021 SAFER Grant was moved to the January 5, 2023, agenda by the administration. Consent Calendar item 1-HH (ID 22-1859) regarding the summary vacation of portions of certain streets was moved to the January 5, 2023, agenda by Councilmember Arias. 10:05 A.M. Scheduled Council Hearing (ID 22-1806) regarding Plan Amendment and Rezone Application No. P19-05950 was moved to the January 19, 2023, agenda at 10:05 A.M. by Councilmember Karbassi. Councilmember Bredefeld registered a "no" vote for Consent Calendar item 1-PP (ID 22-1377) concerning the confirmation of emergency conditions impacting the ability of legislative bodies to meet safely in person. THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 1-L (ID 22-1842) regarding Requirements Contract for Custodial Services - moved to Contested Consent by Councilmember Arias. 1-R (ID 22-1876) regarding the Emergency Solutions-Coronavirus Grant Agreement for the operation of mobile showers - moved to Contested Consent by Councilmember Perea. 1-S (ID 22-1754) regarding 2020 Environmental Protection Agency Brownfields Revolving Loan Fund Grant - moved to Contested Consent by Councilmember Arias. 1-Y (ID 22-1793) regarding consultant services agreement with CDM Smith, Inc - moved to Contested Consent by Councilmember Arias. City of Fresno ***Subject to Mayoral Veto Page 2 December 15, 2022City Council Meeting Minutes 1-JJ (ID 22-1867) regarding contract to Witbro Inc. dba Seal Rite Paving & Grading - moved to Contested Consent by Councilmember Arias. 1-OO (ID 22-1892) regarding grant applications to the California State Transportation Agency funding programs - moved to Contested Consent by Councilmember Arias. The agenda was first approved as amended with Consent Calendar item AA (ID 22-1843) tabled to January 5, 2023 by Council President Esparza. The motion was made by Councilmember Chavez. Councilmember Arias seconded the motion which PASSED 7-0 by unanimous vote. Subsequently, Council President Esparza motioned to reconsider approval of the agenda in order to hear the time sensitive Consent Calendar item AA (ID 22-1843) on the Contested Consent Calendar. Councilmember Arias seconded the motion to reconsider approval of the agenda which PASSED 7-0 by unanimous vote. Following the motion to reconsider, Council President Esparza motioned to move Consent Calendar item AA (ID 22-1843) to the Contested Consent Calendar and approve the agenda as amended. The motion was seconded by Vice President Maxwell and PASSED 7-0 by unanimous vote. On motion of Council President Esparza, seconded by Vice President Maxwell, the above agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - CEREMONIAL PRESENTATIONS COUNCILMEMBER REPORTS AND COMMENTS Councilmember Perea Reports and Comments. Thanked her fellow Councilmembers for selecting her to serve the remainder of Esmeralda Soria's term as the Councilmember for District 1. Recognized Gilbert Felix and the District 1 team for helping run the office during the transition between Councilmembers. Discussed the successful District 1 toy drive City of Fresno ***Subject to Mayoral Veto Page 3 December 15, 2022City Council Meeting Minutes which collected approximately 200 toys for children in need. Declared she would always stand against hate and reaffirmed her commitment to the LGBTQ community. Councilmember Karbassi Reports and Comments. Welcomed Councilmember Perea as the District 1 representative. Announced the warming center in Pinedale would be open for people and pets from 7 P.M. to 7 A.M. when temperatures were below 35 degrees Fahrenheit. Wished everyone a happy Christmas and Chanukah then gifted the Council and administration coaster sized rugs that were handmade in Armenia. Acknowledged City Manager White for being a great partner helping District 2 achieve its goals. Thanked District 2 staff for their hard work the past year. Discussed the progress of Safe Routes to School around Star Elementary. Thanked the PARCS Department for help with a recent community meeting. Acknowledged Mayor Dyer, the City Clerk's Office and the Office of the City Attorney. Councilmember Arias Reports and Comments. Reported 57 families had moved into the Monarch Building before Christmas due to the hard work of City staff. Announced an upcoming LuLu Foundation toy drive in the Chinatown Fresno Neighborhood. Requested a memo from the administration as to whether the Proud Boys were classified as a criminal gang under current definitions. Requested the Old Fresno Water Tower be lit in the LGBTQ colors for the week in recognition of the Respect for Marriage Act passing at the national level. Councilmember Chavez Reports and Comments. Welcomed Councilmember Perea to the dais. Acknowledged City staff and the Department of Public Works for helping with flooding issues caused by recent rains. Announced bike lanes had been added to First Street which now help connect Hazlewood Boulevard, Peach Avenue and the Fresno Pacific University area. Discussed the upcoming mid-year budget. Councilmember Bredefeld Reports and Comments. Welcomed Councilmember Perea and recalled working with her father, former City Councilmember Henry R. Perea. City of Fresno ***Subject to Mayoral Veto Page 4 December 15, 2022City Council Meeting Minutes Vice President Maxwell Reports and Comments. Welcomed Councilmember Perea as the newest Councilmember. Recognized and thanked his staff for helping to accomplish great things in Council District 4 over the past year. Acknowledged the hard work of staff in each of the City departments. Council President Esparza Reports and Comments. Thanked District 7 and PARCS Department staff for a successful community meeting about Radio Park and Proposition 68 funds. Discussed the recent opening of a City Hall time capsule from 1992. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments. Welcomed Councilmember Perea to the dais and recalled working with her father at City Hall. Noted that Council and administration cooperation accomplished a lot over the past year. Reported the administration was looking for additional items to place into the next time capsule. Recognized the Facilities team for keeping City Hall in great shape for the last thirty years. Acknowledged the hard work put in by each department to serve the people of Fresno. Discussed a memo distributed to Council which reported on potential California Public Utilities Commission changes to Net Energy Metering. UNSCHEDULED COMMUNICATION Upon call for unscheduled communication and public comment on Consent Calendar, Contested Consent Calendar and Closed Session items, the following members of the public addressed Council: John Brown, Fernando Paul Elizondo, Sr., Steve Diddy (1-J), Rosio, Isabel Ramos, Zayn Anthony, Alicia, Brandi N., Faith, Dez, Cesar Casamayor (1-V), Jackie Holmes (1-O), Rikki, Robert McCloskey, Shana Bender, Cynthia Piombino, Lisa Flores, Karla Martinez (1-O), Ruben Espinoza (1-V), Haley White, Laura Splotch and Paul Dictos. Following unscheduled communication, Councilmember Bredefeld provided a brief response to the speakers who were critical of his social media posts about a drag show held the previous weekend. 1. CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 5 December 15, 2022City Council Meeting Minutes APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Vice President Maxwell, the CONSENT CALENDAR was hereby adopted by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 1.-A.ID 22-1864 Approval of the minutes for December 1, 2022, Regular Meeting and December 9, 2022, Special Meeting. APPROVED ON CONSENT CALENDAR 1.-B.ID 22-1767 RESOLUTION - amending certain designated positions which shall be subject to the conflict of interest code and defining categories of disclosures for such positions RESOLUTION 2022-285 ADOPTED APPROVED ON CONSENT CALENDAR 1.-C.ID 22-1873 ***RESOLUTION-Adopt the 4th Amendment to the Position Authorization Resolution (PAR) No. 2022-153 adding (2) full-time positions of Community Coordinators in the General City Purpose Department, Animal Control Division (Subject to Mayor’s Veto) RESOLUTION 2022-286 ADOPTED APPROVED ON CONSENT CALENDAR 1.-D.ID 22-1894 Approve a Second Amendment to the Interfund Loan Agreement between the City of Fresno Sewer Operating Fund and the City of Fresno General Fund for the purchase, acquisition, and operation of the Valley Inn motel to extend repayment for up to three months APPROVED ON CONSENT CALENDAR 1.-E.ID 22-1891 ***RESOLUTION - Adopt the 7th Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 2, Unit 2 - Non-Represented Management and Confidential Classes, to create the new classification of Senior City Attorney Investigator (Subject to Mayor’s Veto) RESOLUTION 2022-287 ADOPTED APPROVED ON CONSENT CALENDAR 1.-F.ID 22-1734 Actions relating to the purchase and installation of License Plate City of Fresno ***Subject to Mayoral Veto Page 6 December 15, 2022City Council Meeting Minutes Recognition System (LPR) as a part of the Parking and Control Revenue System equipment (PARCS) from SKIDATA, Inc., a Delaware Corporation, (SKIDATA) for the Surface Parking Lot project at Fresno Yosemite International Airport (Council District 4): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines. 2.RESOLUTION - Approving an Exception to Formal Bidding Requirements and Authorizing a Sole Source Contract for License Plate Recognition System. 3.Award a contract to SKIDATA Inc., for the purchase and installation of License Plate Recognition System (LPR) as a part of the Parking and Revenue Control System equipment (PARCS) for all entrances and exits of Airport Parking with Grant Funds in the amount of $350,340. RESOLUTION 2022-288 ADOPTED APPROVED ON CONSENT CALENDAR 1.-G.ID 22-1763 Actions related to the Lease Agreement with John Tomaino, an individual, d.b.a. American Helicopters, which is a Specialized Aviation Service Operation (SASO) that runs a helicopter and airplane flight training business at Fresno Chandler Executive Airport (FCH). (Council District 3) 1.Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve the revised Lease Agreement (Lease), which contains amended language (staff received direction from the City Council on September 29, 2022), with John Tomaino, an individual, d.b.a. American Helicopters, to continue operating a helicopter and airplane flight training business at FCH for a term of three (3) years. The amount of potential revenue generated by this Lease is $57,101.59, plus an annual CPI adjustment. (Council District 3) APPROVED ON CONSENT CALENDAR 1.-H.ID 22-1865 Actions related to the Baggage Cart Concession Agreement with Smarte Carte, Inc.: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.Approve the Baggage Cart Concession Agreement between the City of Fresno and Smarte Carte, Inc ., at Fresno Yosemite International Airport. The term of the agreement is 5 years plus a 5 City of Fresno ***Subject to Mayoral Veto Page 7 December 15, 2022City Council Meeting Minutes -year option. Total annual revenue is estimated to be $5,700. Total anticipated revenue during the full term of the agreement is approximately $28,500. (Council District 4) APPROVED ON CONSENT CALENDAR 1.-I.ID 22-1898 Submission and Acceptance of the City of Fresno Clean and Safe Neighborhood Parks Tax (Measure P) Report for Fiscal Year 2022. APPROVED ON CONSENT CALENDAR 1.-J.ID 22-1871 ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) The above item was tabled to January 5, 2023, by staff. TABLED 1.-K.ID 22-1834 Actions pertaining to the award of a sole source purchase agreement with Powerscreen of Dixon, California, for the purchase of one Chieftain 1400 tracked mobile inclined screener in the amount of $401,500: 1. RESOLUTION - Adopt a Resolution approving an exception to formal bidding procedures and award a sole source purchase agreement for one Chieftain 1400 tracked mobile inclined screener 2. Approve the award of a purchase agreement to Powerscreen of Dixon, California for the purchase of one Chieftain 1400 tracked mobile inclined screener in the amount of $401,500 for the Department of Public Works, Street Maintenance Division RESOLUTION 2022-289 ADOPTED APPROVED ON CONSENT CALENDAR 1.-M.ID 22-1779 ***RESOLUTION - Adopt the 6th Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 8, Unit 8, Non-Represented to increase the salary range for the Lifeguard, Services Aide and Intern classifications from $15.00 - $19.00 per hour to $15.50 - $19.50 per hour; increase the Police Cadet I classification salary range from $15.00 - $20.00 to $15.50 to $20.50 per hour; increase the Senior Lifeguard classification salary range from $15.50 - $20.00 to $16.00 - $20.50 per hour; increase the minimum salary range of Sports Official classification from $15.00 to $15.50 per game; and amend the Cashier Clerk classification salary range from Flat Rate to Hourly with a salary range of $15.50 - $19.50 per hour, effective January 1, 2023 (Subject to Mayor’s Veto) RESOLUTION 2022-290 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 8 December 15, 2022City Council Meeting Minutes APPROVED ON CONSENT CALENDAR 1.-N.ID 22-1874 ***RESOLUTION-Adopt the 5th Amendment to the Position Authorization Resolution (PAR) No. 2022-153 adding one (1) permanent part time position of Senior HR/Risk Analyst in the Personnel Services Department (Subject to Mayor’s Veto) RESOLUTION 2022-291 ADOPTED APPROVED ON CONSENT CALENDAR 1.-O.ID 22-1872 ***RESOLUTION - Adopting Substantial Amendment 2022-01 to the Fiscal Year (FY) 2022-2023 Annual Action Plan and authorizing submission to the U.S. Department of Housing and Urban Development (HUD) to reprogram $3,840,768.21 in Community Development Block Grant (CDBG) funds from prior year CDBG project savings and repayment (Subject to Mayor’s Veto) RESOLUTION 2022-292 ADOPTED APPROVED ON CONSENT CALENDAR 1.-P.ID 22-1878 ***RESOLUTION - Adopting the 16th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $59,946,400 for Homekey Program related activities (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2022-293 ADOPTED APPROVED ON CONSENT CALENDAR 1.-Q.ID 22-1860 ***RESOLUTION - Adopting the 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $380,700 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2022-294 ADOPTED APPROVED ON CONSENT CALENDAR 1.-T.ID 22-1781 Approve a $2.5 million State and Local Fiscal Recovery Funds (part of the American Rescue Plan) Agreement with Fresno 1101 Parkway, LP for the proposed Sun Lodge project, which consists of the rehabilitation of the former Days Inn Motel and the introduction of new construction at the site to create 64 affordable permanent housing units in west central Fresno (District 3) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 9 December 15, 2022City Council Meeting Minutes 1.-U.ID 22-1863 Actions pertaining to the acquisition of three undeveloped properties by Assignment of Purchase and Sale Agreements for the development of affordable housing (District 3): 1. Approve Assignment of Purchase and Sale Agreement for the amount $192,000 from the Fresno Housing Authority for 1.03 acres of undeveloped land (APNs 44934203, 44934204, & 44934205). 2. Approve Assignment of Purchase and Sale Agreement for the amount of $69,000 from the Fresno Housing Authority for 0.28 acres of undeveloped land (APN 44934202) 3. Approve Assignment of Purchase and Sale Agreement for the amount of $125,000 from the Fresno Housing Authority for 0.84 acres of undeveloped land (APN 44932118). APPROVED ON CONSENT CALENDAR 1.-V.ID 22-1877 Actions pertaining to the Proposition 64 Health and Safety Grant Cohort 2 (Prop. 64) Grant program 1. Authorize the Chief of Police to accept $1,958,057 in grant funding for the Proposition 64 Health and Safety Cohort 2 (Prop. 64) Grant awarded to the Fresno Police Department from the State of California, Board of State and Community Corrections (BSCC). 2. ***RESOLUTION - Adopt a Resolution authorizing acceptance of $1,958,057 in grant funding from the State of California Board of State and Community Corrections (BSCC) for the Fresno Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) grant (Subject to Mayor’s Veto) 3. ***RESOLUTION - Adopt the 6th Amendment to the Position Authorization Resolution (PAR) No. 2022-153 adding one full-time position of Community Services Officer to act as a liaison between Fresno Police Department and residents of the city of Fresno for the Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) grant (Subject to Mayor’s Veto) 4. ***RESOLUTION - Adopt the 20th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $604,400 for the Police Department’s Proposition 64 Public Health and Safety Cohort 2 (Prop. 64) Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 5. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with the City of Mendota to hire personnel, purchase equipment, attend training and conduct public outreach and events to raise awareness about the legalization of cannabis in the amount of $452,510 over the three-year performance period of the grant 6. Authorize the Chief of Police to enter into a Memorandum of City of Fresno ***Subject to Mayoral Veto Page 10 December 15, 2022City Council Meeting Minutes Understanding (MOU) with the Fresno Economic Opportunities Commission (FEOC) for the hiring of personnel to provide therapy and counseling for youth referrals from project partners and conduct monthly youth-focused activities in both the cities of Fresno and Mendota in the amount of $1,100,637 over the three-year performance period of the grant 7. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with the Boys & Girls Clubs of Fresno County for the implementation of youth prevention programs including drug prevention and intervention in the amount of $124,410 over the three-year performance period of the grant 8. Authorize the Chief of Police to enter into a Memorandum of Understanding (MOU) with California State University of Fresno, Foundation to prepare a pre-and post-Local Evaluation Report in the amount of $15,000 over the three-year performance period of the grant RESOLUTION 2022-296 ADOPTED RESOLUTION 2022-297 ADOPTED RESOLUTION 2022-298 ADOPTED APPROVED ON CONSENT CALENDAR 1.-W.ID 22-1890 Authorize the Chief of Police to enter an agreement with County of Fresno for the reimbursement of five Fresno Police Officers, one Police Sergeant, and one Crime Analyst which will be assigned to the Adult Compliance Team (ACT) in an amount not to exceed $1,660,661 for Fiscal Year 2022-23. APPROVED ON CONSENT CALENDAR 1.-X.ID 22-1792 Approve the Second Amendment to the consultant services agreement with Stearns, Conrad, and Schmidt Consulting Engineers, Inc., to expand the scope of services, to extend the agreement to December 31, 2023, and increase the previously amended contract amount of $84,540 by $65,024 for a total amended contract amount of $149,564, for professional consulting services for SB 1383 compliance planning. (Citywide) APPROVED ON CONSENT CALENDAR 1.-Z.ID 22-1855 Reject all bids received for Requirements Contract to Furnish and Install Concrete and Paving Repairs at the Fresno-Clovis Regional Wastewater Reclamation Facility. (Bid File 9642) (Council District 3) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 11 December 15, 2022City Council Meeting Minutes 1.-BB.ID 22-1844 Reject all bids for the BRT Corridor ATP Pedestrian Intersection Improvements Project - Bid File 3820 (All Council Districts) APPROVED ON CONSENT CALENDAR 1.-CC.ID 22-1845 Annual Review and Acceptance of the FY 2022 Summary of Impact Fee Waivers APPROVED ON CONSENT CALENDAR 1.-DD.ID 22-1846 Approve the Tenth Amendment to the California High Speed Rail Authority Reimbursement Agreement No. HSR 11-29, which extends the contract end date by 12 months to December 31, 2023 (Council District 1, 2, & 3) APPROVED ON CONSENT CALENDAR 1.-EE.ID 22-1847 Approve an agreement for Professional Engineering Services with Peters Engineering Group for $258,770, with a $30,000 contingency, for design and construction support services for the Clinton Avenue Widening Project from 600 feet west of Marks Avenue to 500 feet west of Valentine Avenue (Council District 3) APPROVED ON CONSENT CALENDAR 1.-FF.ID 22-1856 Actions pertaining to professional on-call civil engineering services for the Public Works Engineering Division on City of Fresno neighborhood infrastructure capital projects (Citywide) 1. Approve an On-Call Consultant Services Agreement with Mark Thomas & Company, Inc., in the amount of $1,500,000 2. Approve an On-Call Consultant Services Agreement with Peters Engineering Group, in the amount of $1,500,000 3. Approve an On-Call Consultant Services Agreement with Provost & Pritchard Consulting Group, in the amount of $1,500,000 APPROVED ON CONSENT CALENDAR 1.-GG.ID 22-1858 Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual Report (May 2022 through October 2022) (Citywide) APPROVED ON CONSENT CALENDAR 1.-HH.ID 22-1859 Actions pertaining to the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Council District 3) 1. Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, City of Fresno ***Subject to Mayoral Veto Page 12 December 15, 2022City Council Meeting Minutes Environmental Assessment Number PW 00663-SR99-01 for the Southeast corner of North Parkway Drive and West Shields Avenue 2.Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW 00663-SR99-02 for a portion of North Parkway Drive, north of West Weldon Avenue 3.Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-03 for a portion of North Marks Avenue, north of the Marks -Shields Connector 4.***RESOLUTION - Ordering the summary vacation of a portion of the Southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Subject to Mayor’s Veto) The above item was tabled to January 5, 2023, by Councilmember Arias. 1.-II.ID 22-1862 RESOLUTION - Of Intention to Annex Final Tract Map No. 5388 as Annexation No. 135 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, January 19, 2023, at 10:00 am (located along West San Jose Avenue north of North Salinas Avenue) (Council District 2) RESOLUTION 2022-300 ADOPTED APPROVED ON CONSENT CALENDAR 1.-KK.ID 22-1868 Actions pertaining to on -call professional environmental assessment and technical study support services for the Public Works Engineering Division on City of Fresno capital improvement projects (Citywide) 1.Approve an On-Call Consultant Services Agreement with Harris & Associates, Inc., in the amount of $4,000,000 2.Approve an On-Call Consultant Services Agreement with LSA Associates, Inc., in the amount of $4,000,000 3.Approve an On-Call Consultant Services Agreement with SWCA Environmental Consultants, Inc., in the amount of $4,000,000 APPROVED ON CONSENT CALENDAR 1.-LL.ID 22-1869 Actions pertaining to Final Map of Tract No. 6238 City of Fresno ***Subject to Mayoral Veto Page 13 December 15, 2022City Council Meeting Minutes RESOLUTION - Approving the Final Map of Tract No. 6238, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the southeast corner of North Alicante Drive and North Crest View Drive (Council District 6) RESOLUTION 2022-301 ADOPTED APPROVED ON CONSENT CALENDAR 1. -MM. ID 22-1875 Approve Third Amendment to Reimbursement Agreement No. HSR 16-57 with the California High Speed Rail Authority for the Veterans Boulevard Grade Separation (Council District 2) APPROVED ON CONSENT CALENDAR 1.-NN.ID 22-1882 Actions pertaining to the Fink -White Park Splash Play Area Project - Bid File 12300706 (Council District 3) 1.Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301 (d)/Class 1 and 15302/Class 2 of the California Environmental Quality Act Guidelines 2.Award a construction contract in the amount of $1,271,280 to American Paving Company of Fresno, California, as the lowest responsive and responsible bidder APPROVED ON CONSENT CALENDAR 1.-PP.ID 22-1377 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto). Councilmember Bredefeld registered a "no" vote on the above item. As such, this item was APPROVED 5-1 by the following vote: Aye (5): Perea, Karbassi, Arias, Maxwell, Esparza No (1): Bredefeld Absent (1): Chavez RESOLUTION 2022-305 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 14 December 15, 2022City Council Meeting Minutes JOINT MEETING OF THE CITY COUNCIL, FRESNO REVITALIZATION CORPORATION, THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO 1.-QQ.ID 22-1885 Actions pertaining to the affordable residential housing project at 1241-1263 Broadway Mall, commonly known as Hotel Fresno 1. ***RESOLUTION - Supporting Broadway Plaza Family Apartments, LP’s Hotel Fresno project and awarding $1.5 million in Permanent Local Housing Allocation funds for development of the Hotel Fresno Housing Project in downtown Fresno (District 3) (Subject to Mayor’s Veto) (City Action Only) 2. Approve a Fourth Amendment to the Amended and Restated Owner Participation Agreement with Broadway Plaza Family Apartments, LP RESOLUTION 2022-306 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-L.ID 22-1842 Actions Pertaining to a Requirements Contract for Custodial Services: 1. Approve the Award of a Requirements Contract to ScrubCan Inc. for Three Years with Two One-year Optional Extensions for Routine and Deep Clean Custodial Services at Parks, Afterschool, Recreation and Community Services (PARCS) Facilities (Bid File 9658) 2. Authorize Spending Authority for Custodial Services in an Amount Not to Exceed $700,000 Per Year with no Minimum Spending Guarantee Expressed or Implied Under Any Respective Requirements Contract 3. Authorize the PARCS Director or Designee to Execute all Related Documents on Behalf of the City Councilmember Arias moved this item to the Contested Consent Calendar to clarify which services would be provided under the contract. APPROVED On motion of Councilmember Arias, seconded by Vice President Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 15 December 15, 2022City Council Meeting Minutes Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-R.ID 22-1876 Approve the Emergency Solutions-Coronavirus (ESG-CV) Grant agreement between the City of Fresno and Gracebound Inc. in the amount of $185,000 for the operation of mobile showers. Councilmember Perea moved this item to the Contested Consent Calendar to determine how mobile shower site locations were determined and requested to work with staff to bring a location to the Tower District. Councilmember Arias noted he worked with the administration and requested Section 2 of the agreement be amended to indicate that City Council offices may work with the administration to modify the locations of movable shower trailers in their respective districts. The motion to approve this item included the amendment suggested by Councilmember Arias. Councilmember Arias stated, for the record, he was interested in finding a location for mobile showers in Downtown Fresno. APPROVED AS AMENDED On motion of Councilmember Perea, seconded by Councilmember Karbassi, that the above Action Item be APPROVED AS AMENDED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-S.ID 22-1754 Actions pertaining to the 2020 Environmental Protection Agency Brownfields Revolving Loan Fund Grant and the 2019 Environmental Protection Agency Brownfields Coalition Assessment Grant: 1. ***RESOLUTION - Adopting the 17th amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 to appropriate $694,000 for the Environmental Protection Agency Brownfields Revolving Loan Fund Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Approve the Second Amendment to the consultant services agreement between the City of Fresno and Stantec Consulting Services, Inc., regarding planning services for the Brownfields Coalition Assessment Grant to increase the scope of work, extending the contract performance period to January 31, 2026, and authorizing additional compensation in the amount up to $100,000. City of Fresno ***Subject to Mayoral Veto Page 16 December 15, 2022City Council Meeting Minutes Councilmember Arias moved this item to the Contested Consent Calendar for clarification on the status of the projects. RESOLUTION 2022-295 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-Y.ID 22-1793 Approve First Amendment to the consultant services agreement with CDM Smith, Inc., to expand the scope of services, extend the agreement to December 31, 2023, and increase the contract amount by $230,600 for a total contract amount of $660,450, for groundwater investigation and remedial action at the City of Fresno Sanitary Landfill. (Council District 3) Councilmember Arias moved this item to the Contested Consent Calendar to receive a summary update of the superfund landfill. APPROVED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-JJ.ID 22-1867 Award a requirements contract to Witbro Inc. dba Seal Rite Paving & Grading up to $411,611.55 per year to furnish and install pavement undulations on various streets (Bid File 9661) (Citywide) Councilmember Arias moved this item to the Contested Consent Calendar for the purposes of amending this item as a one year contract without extensions. APPROVED AS AMENDED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 17 December 15, 2022City Council Meeting Minutes Aye:Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld6 - Absent:Karbassi1 - 1.-OO.ID 22-1892 Actions pertaining to grant applications to the California State Transportation Agency funding programs 1.RESOLUTION - Approve a grant application for the Blackstone and McKinley BNSF Grade Separation Project for grant funds up to the amount of $80,000,000 from the California State Transportation Agency Port and Freight Infrastructure Program (Council Districts 1 and 7) 2.RESOLUTION - Approve a grant application for the Blackstone and McKinley BNSF Grade Separation Project for grant funds up to the amount of $80,000,000 from the California State Transportation Agency Transit and Intercity Rail Capital Program (Council Districts 1 and 7) 3.RESOLUTION - Approve a grant application for the FAX Zero-Emissions Technology Investment Project for grant funds up to the amount of $37,500,000 from the California State Transportation Agency Transit and Intercity Rail Capital Program (All Council Districts) Councilmember Arias moved this item to Contested Consent to point out that the item was underfunded. He recommended utilizing Measure "C" funding allocated for interchange projects in District 3 to help complete this item. RESOLUTION 2022-302 ADOPTED RESOLUTION 2022-303 ADOPTED RESOLUTION 2022-304 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 7 - 1.-AA.ID 22-1843 Actions pertaining to Final Map of Tract No. 6325 RESOLUTION - Approving the Final Map of Tract No. 6325, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northwest corner of City of Fresno ***Subject to Mayoral Veto Page 18 December 15, 2022City Council Meeting Minutes North Armstrong Avenue and East Clinton Avenue (Council District 7) Council President Esparza moved this item to Contested Consent. City Clerk Stermer read the entire agenda title for the above item for the clarification of the public. Upon call for public comment, Lisa Flores addressed Council. RESOLUTION 2022-299 ADOPTED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 - Absent:Chavez1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:05 A.M. ID 22-1806 HEARING to consider Plan Amendment and Rezone Application No . P19-05950 and related Environmental Assessment No. P19-05950, for approximately 1.73 acres of property located on the south side of West Nees Avenue, between North Blackstone and North Ingram Avenues (Council District 2) 1.ADOPT the Negative Declaration as prepared for Environmental Assessment No. P19-05950 dated July 29, 2022, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2.RESOLUTION - Approving Plan Amendment Application No. P19- 05950 proposing to amend the Fresno General Plan to change the planned land use designation for the subject property from High Density Residential (±1.73 acres) to Regional Mixed Use (±1.73 acres). 3.BILL (for introduction and adoption) - Approving Rezone Application No. P19-05950 proposing to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RM -3/UGM/CZ (Multi-Family Residential, High Density/Urban Growth Management/conditions of zoning) zone district to the RMX (Regional Mixed Use) zone district in accordance with Plan Amendment Application No. P19-05950. The above item was tabled to January 19, 2023, at 10:05 A.M. by Councilmember Karbassi. City of Fresno ***Subject to Mayoral Veto Page 19 December 15, 2022City Council Meeting Minutes 3. GENERAL ADMINISTRATION 3.-A.ID 22-1857 Update on State Center Community College District Projects by Chancellor Dr. Carole Goldsmith The above workshop was presented by Dr. Carole Goldsmith, Chancellor of State Center Community College District. Following the presentation, Council discussion included the topics of TCC grant improvements to Church Avenue and water access to the First Responder Campus. PRESENTED 4. CITY COUNCIL 5. CLOSED SESSION During open session, Chief Assistant City Attorney Badhesha announced the items that would be discussed in closed session. Council President Esparza and Councilmember Bredefeld each announced they would be recused from closed session item 5-C (ID 22-1900) due to conflicts. Council withdrew from open session to hear closed session items at 11:30 A.M. 5.-A.ID 22-1883 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name(s): Desiree Martinez, et al. v. City of Fresno; Eastern District Court Case No. 1:22-cv-00307 The above item was discussed in closed session. There were no open session announcements following the discussion. DISCUSSED 5.-B.ID 22-1901 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International City of Fresno ***Subject to Mayoral Veto Page 20 December 15, 2022City Council Meeting Minutes Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney The above item was discussed in closed session. There were no open session announcements following the discussion. DISCUSSED 5.-C.ID 22-1900 City of Fresno ***Subject to Mayoral Veto Page 21 December 15, 2022City Council Meeting Minutes CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Nelson Esparza v. Garry Bredefeld; Fresno Superior Court Case No. 22CECG01469 The above item was discussed in closed session. Council President Esparza and Councilmember Bredefeld were recused from this item and were not present for the discussion. There were no open session announcements following the discussion of this item. DISCUSSED ADJOURNMENT City Council adjourned at 12:14 P.M. City of Fresno ***Subject to Mayoral Veto Page 22 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-28 Agenda Date:1/5/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BY:KELLI FURTADO, Chief of Staff Office of the Mayor & City Manager SUBJECT Actions related to the One Fresno Housing Strategy to address the production of new housing and leveraging adaptive reuse opportunities: 1. ***RESOLUTION - Adopting the 22 nd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 Appropriating $175,000 for One Fresno Housing Strategy Related Activities (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Affirm the City Manager’s Finding that LeSar Support Services is Uniquely Qualified 3. Approve a Consultant Agreement with LeSar Support Services for $175,000 to Provide Consultant and Grant Writing Services RECOMMENDATION Staff recommends the City Council approve a consultant agreement with LeSar Support Services for an amount not to exceed $175,000 for the term of the agreement through June 30, 2023, for consulting and grant writing technical assistance services. EXECUTIVE SUMMARY The Office of the Mayor and City Manager seeks City Council approval of a professional services agreement with LeSar Support Services, a firm specializing in housing policy and grant writing services. The proposed agreement will allow the City of Fresno (City) to apply for a highly competitive funding source announced by the Department of Housing and Community Development (HCD) in December 2022, focused on strategic investments that can quickly provide housing at scale and catalyze economic opportunity. In addition to grant writing services, LeSar Support Services (LeSar) will also provide technical assistance and interface with HCD to ensure Fresno meets the many density, unit-count, unit-mixture, and other eligibility requirements. LeSar is uniquely qualified to provide these services in a timely fashion and ensure the City’s applications are competitive as part of HCD’s expedited two-stage process, with deadlines of January 31, 2023, and March 2023. BACKGROUND City of Fresno Printed on 1/13/2023Page 1 of 3 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent RES. 2023-001 File #:ID 23-28 Agenda Date:1/5/2023 Agenda #: 1.-B. Beginning in 2021, the LeSar Support Services team worked with the Governor’s housing team, and three regions of California to craft a conceptual funding program to implement LeSar’s Affordable Housing Scaling Strategy, a scalable approach to achieving housing affordability utilizing a five-point strategy to control cost and leverage resources. The conceptual program was moved forward exclusively by the Governor’s office through negotiations with the state legislature. In early December 2022, HCD issued a memo to potential applicants, announced the IIGC funding opportunity, which provides Fresno with the opportunity to apply for funding in 2023; funds must be used by 2027. HCD will open a grant portal on December 29, 2022, announcing the Catalytic Qualifying Infill Area Program guidelines for Phase I. Qualified jurisdictions will develop and submit Concept Proposals by no later than January 31, 2023, an approximate 30-day window. Next, HCD will release a Notice of Funding Availability in February 2023, detailing programmatic requirements and specific scoring criteria. Only applicants deemed eligible in Phase I will be invited to submit an application for Phase II. Again, HCD’s published timeline indicates that there will be an approximate 30-day timeline to submit Phase II applications. On December 16, 2022, HCD provided a webinar with additional information related to the funding opportunity. It was announced that over 200 individuals were in attendance, underlining the high interest in the IIGC. Staff participated in the webinar and learned more about the threshold guidelines, eligible use of funds, selection criteria, and much more. Large jurisdictions such as Fresno, can apply for up to $45 million of the Infill Infrastructure Grant Catalytic Qualifying Infill Area (IIGC). If awarded, grant funds are to be used as gap funding for infrastructure and adaptive reuse improvements necessary for specific residential or mixed-use infill developments. The Administration plans to evaluate and focus on infrastructure and adaptive reuse improvements in Downtown Fresno to scale from 3,000 to 10,000 residents. Downtown Fresno meets the IIGC threshold requirements, has streamlined zoning and land use regulations, encourages the acceleration of housing production by allowing housing development to occur ministerially, and has significant potential for developing housing at scale. A successful grant award would support the infrastructure needed for higher density residential development. A total of $105 million is available for the State of California’s 2022-23 fiscal year, $90 million of which is dedicated to large jurisdictions. HCD estimates the maximum award for large jurisdictions will be $45 million and the minimum is $15 million, based on this information there are expected to be between two to six large jurisdiction awardees, respectively. The maximum grant amount will be determined through a calculation of the total number of housing units proposed within the identified Catalytic Qualifying Infill Area, the room count of these units, and the density and affordability of the proposed housing. LeSar Support Services proposes to work in phases mirroring the HCD phases. Phase I is dedicated to preparing and submitting a Concept Proposal, inventorying available land, and identifying eligible and strategic plots in Downtown Fresno. Submitting the Concept Proposal by January 31, 2023, is included in Phase I. Phase II will include implemented should Fresno be invited by HCD to submit a Phase II grant proposal. Notification of this determination by HCD is expected in February 2023, with a 30-day timeframe to submit a full proposal in March 2023. According to HCD, many former commercial and underutilized areas have significant potential for City of Fresno Printed on 1/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-28 Agenda Date:1/5/2023 Agenda #: 1.-B. developing housing at scale but lack the infrastructure necessary to support higher density residential development. In addition to vacant infill parcels, the IIGC proposals may include industrial, vacant or underutilized structures. If awarded, HCD grant funds are to be used as gap funding for infrastructure and adaptive reuse improvements necessary for specific residential or mixed-use infill developments. ENVIRONMENTAL FINDINGS This item is not a project as defined by CEQA. LOCAL PREFERENCE Local Preference was not implemented because LeSar Support Services is uniquely qualified. FISCAL IMPACT The source of funding for the agreement is American Rescue Plan (ARPA) funding. An appropriation of $40 million dollars in ARPA funds was made as part of the adoption of the fiscal year 2023 City Budget. The General Fund is not impacted. Attachments: Annual Appropriation Resolution Uniquely Qualified Memo Consultant Agreement - LeSar Support Services City of Fresno Printed on 1/13/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO APPROVING THE REALLOCATION OF $175,000 FROM THE FINANCE DEPARTMENT TO THE GENERAL CITY PURPOSE DEPARTMENT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT $175,000 within the appropriations set forth in PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby approved to be reallocated from the Finance Department to the General City Purpose Department. Increase/(Decrease) TO: FINANCE DEPARTMENT American Rescue Plan Act-ARPA $ (175,000) TO: GENERAL CITY PURPOSE DEPARTMENT American Rescue Plan Act-ARPA $ 175,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: American Rescue Plan Act-ARPA Appropriations: Account String: 2000-2041-9994-000-658004-32-1-0000-0000- $ (175,000) Total Appropriations $ (175,000) American Rescue Plan Act-ARPA Appropriations: Account String: 2000-2041-9994-000-658004-11-1-0000-0000- $ 175,000 Total Appropriations $ 175,000 THAT the purpose is to reallocate $175,000 from the Finance Department to the General City Purpose (GCP) Department. The appropriation transfer into the GCP Department will provide funding for consultant and grant writing services. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy ALL-B Generic CSA Not to Exceed (05-2022) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effect on _______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and LeSar Support Services, S Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional consulting and strategic services for the Infill Infrastructure Grant - Catalytic Qualifying Infill Areas Funding Opportunity (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a project planning and grant writing firm, specializing in housing devel opment and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its City Manager (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1.Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2.Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through 06/30/2023, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreem ent and in accordance with any performance schedule set forth in Exhibit A. 3.Compensation. (a)The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $175,000, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -2- (b)Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c)The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4.Termination, Remedies, and Force Majeure. (a)This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b)Immediately upon any termination or expiration of th is Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c)In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d)Upon any breach of this Agreement by the Consultant, the City may (i)exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -3- consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prep ared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -4- Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7.Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8.Insurance. (a)Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b)If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -5- and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c)The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9.Conflict of Interest and Non-Solicitation. (a)Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b)The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -6- California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c)In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d)The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e)Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing . The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f)If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g)This Section 9 shall survive expiration or termination of this Agreement. 10.Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a)Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -7- each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b)Immediately contact the City’s Solid Waste Management Division at (559)621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c)Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11.General Terms. (a)Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b)Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c)Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12.Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -8- a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a)The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b)The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, wit hout regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c)The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d)The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13.Independent Contractor. DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -9- (a)In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b)This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c)Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co - employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14.Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15.Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -10- parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16.Assignment. (a)This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b)The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17.Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18.Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19.Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20.Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21.Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22.Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any pro vision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) -11- 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respec t to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By:------------Georgeane A. White, City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By:. __________ -=-_Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: ___________ _ Deputy Addresses: CITY: City of Fresno Attention: Toni Machado, Executive Assistant 2600 Fresno Street Fresno, CA 93721 Phone: (559) 621-8000 E-mail: Toni.Machado@fresno.gov Attachments: 1 . Exhibit A -Scope of Services 2.Exhibit B -Insurance Requirements LESAR SUPPORT SERVICES, S Corporation ·,. l .I� By: �,t,,, J..v. .wi.-- ..J Name: Jennifer LeSar Title: President and CEO (If corporation or LLC., Board Chair, Pre Title: Vice President of Finance (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable � Professional License: Number: � _ Name: : Date of lssuace: .....;�-+4-+¥1+----- CONSUL TANT: LeSar Support Services Attention: Maureen Richey, Director of Programs 404 Euclid Avenue, Suite 212 San Diego, CA 92114 Phone: (619) 236-0612 E-mail: Maureen@lesarsupport.co 3.Exhibit C -Conflict of Interest Disclosure Form ALL-B Ger , �SA Not to Exceed (05-2022) -12- DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 12/28/2022 ALL-B Generic CSA Not to Exceed (05-2022) Page 1 of 2 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and LESAR SUPPORT SERVICES (Consultant) Infill Infrastructure Grant - Catalytic Qualifying Infill Areas Funding Opportunity [Describe Scope of Service] DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) Page 2 of 2 SCHEDULE OF FEES AND EXPENSES [Schedule of Fees and Expenses] DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 1 SCOPE OF WORK For City of Fresno Adaptive Use/Catalytic Qualifying Infill Program – Project Planning and Grant Writing December 8, 2022 Company Overview This scope of work (SOW) will be led by LeSar Support Services (LSS) and will be overseen by Jennifer LeSar, CEO of LSS, and Maureen Richey, Director of Programs. LSS will sub-contract internally to its affiliate, LeSar Development Consultants (LDC) in order to have subject matter and strategic assistance from Craig Adelman, Helmi Hisserich, and the LDC Housing Team. Background Jennifer LeSar and Helmi Hisserich of LeSar Development Consultants worked with Governor Newsom’s housing team, and three regions of California to craft a conceptual funding program to implement LeSar’s Affordable Housing Scaling Strategy, a scalable approach to achieving housing affordability utilizing a five-point strategy to control cost and leverage resources. The conceptual program was moved forward exclusively by the Governor’s office through negotiations with the state legislature. The Infill Infrastructure Grant Catalytic Qualifying Infill Area funding opportunity (IIGC) provides the Fresno region with the opportunity to apply for funding in 2023; funds must be used by 2027. A total of $105M is available for the 2022-23 fiscal year, $90M of which is dedicated to large jurisdictions (which includes Fresno). HCD estimates the maximum award for large jurisdictions is $45M and the minimum is $15M. The maximum grant amount will be determined by the total number of housing units proposed within the identified Catalytic Qualifying Infill Area (CQIA), the bedroom count of these units, and the density and affordability of the proposed housing. Grant funds are to be used as gap funding for infrastructure and adaptive reuse improvements necessary for specific residential or mixed-use infill developments. Sites and parcels that make up CQIAs must be previously developed or be largely surrounded by sites developed with Urban Uses, as defined by HCD. Eligible improvements include development of open space, utility service improvements, roads, parking structures, transit linkages, traffic mitigation features, site preparation or demolition, streetscape improvements and construction and rehabilitation expenses relating to repurposing non-residential buildings for residential uses. Scope of Work DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 2 This scope of work is comprised of tasks to enable the City of Fresno and selected partners to complete the Catalytic Qualifying Infill Development preliminary proposal submission and subsequent full application upon invitation from HCD. Activities will include: •Ongoing project management throughout the application and submission process, including regular and ad hoc meetings, reports, and communications. •Inventory and ranking of potentially eligible parcels of land. •Land use, zoning, and regulatory analysis to determine readiness of identified priority parcels. •Financial analysis and budget development for project proposal, including identification of potential gap financing within a full financing plan. •Draft anti-displacement strategy and community engagement strategy in alignment with NOFA requirements. •Complete and submit project proposal in cooperation with the City of Fresno. •Upon invitation from HCD, complete and submit full application materials. The LSS/LDC team will work with a coalition of staff from city government, the local housing authority, and philanthropic partners to identify key priority parcels of land with the greatest likelihood of CQID scaling strategy funding and develop comprehensive planning and analysis for inclusion in the submission to HCD. Project planning will include the necessary financial analysis, a review of actions needed to demonstrate shovel readiness, and comprehensive analysis of relevant local land use, planning, and zoning regulations affecting the proposed project. The team will also work with the city to develop appropriate community engagement and anti-displacement strategies aligned with the NOFA requirements. Timeframe: December 2022—March 2023, with follow-up work as needed Total Cost: Phase 1—preparation and submission of concept proposal •Project kick-off and ongoing project management: $23,000 •Inventory available land and identify potentially eligible and most strategic plots: $35,000 •Preparation and submission of Project Concept Proposal: $60,000 Phase 2—completion of full application upon invitation from HCD •Anti-displacement and community engagement strategy development: $11,000 •Final draft and submission full application to HCD: $46,000 •Follow-up activities: no charge Total: $175,000 Contact Maureen Richey Director of Programs, LeSar Support Services maureen@lesarsupport.co; 773-505-1715 DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 3 Team Members Jennifer LeSar, President and CEO Jennifer LeSar is the founding CEO of LeSar Development Consultants and LeSar Support Services, as well as the founder of the Global Policy Leadership Academy, three firms working together to grow thriving, healthy and vibrant communities. Ms. LeSar combines a background of more than three decades in community development, real estate development, and investment banking with a deep working knowledge of eco-system change management and organizational strategy. Her work supports clients in achieving impactful and scalable solutions to today’s most vexing policy challenges including addressing our global housing affordability crisis and ending homelessness in the United States. Ms. LeSar received both her M.B.A. in real estate and finance and an M.A. in Urban Planning from UCLA and she received her B.A. from Bryn Mawr College in political science and economics. She also completed an Executive Program in Social Entrepreneurship at Stanford Graduate School of Business. She is a Fellow at The Billions Institute and has taught on the California housing crisis as a lecturer at Stanford University. Helmi Hisserich, Senior Principal Helmi Hisserich is a distinguished leader in affordable housing policy, finance, and development who brings deep commitment to ensuring public sector investments in housing directly address the problems of poverty and discrimination. During a 20-year career at the City of Los Angeles, Helmi held several senior level positions in housing and community development. Helmi served as Assistant General Manager and Director of Housing Strategies at the Los Angeles Housing Department, and under her leadership, the department financed over 8,000 units of affordable housing, made over 500 loans to first time homebuyers, and managed a $1.9 billion loan portfolio. Prior to her work at LAHD, Helmi served as the Deputy Mayor for Housing & Homelessness in the Administration of Los Angeles Mayor Antonio Villaraigosa, Director of Redevelopment in Hollywood and Central region of Los Angeles, and as a Senior Business Development Representative on Mayor Richard Riordan’s Business Team. She graduated from USC with a degree in Comparative Literature and Cornell University with an MBA in finance. In 2012 Helmi attended the Harvard Kennedy School Program for Senior Executives in State and Local government. In 2016, she was awarded a Stanton Fellowship for her thought leadership on affordable housing, which enabled her to begin developing new scalable solutions to the housing affordability crisis. Craig Adelman, Senior Principal Over the course of a three-decade career, Mr. Adelman has been passionate about the intersection of community, equity, and capital, focusing on emergent, innovative, and complex real estate transactions, structures, and programs as a means of pushing the boundaries of insufficient systems, resources and strategies toward greater impact and efficiency. He has managed a $90 million multi-disciplinary, multi- partner national initiative for the Low Income Investment Fund, established a development pipeline of more than 700 multifamily units within two years while vice president of AMCAL Multi-Housing, Inc., and served as deputy director of the Mayor’s Office of Housing in San Francisco, among other housing development roles in California. Mr. Adelman holds a degree in Architecture with Business Administration Focus from the University of California, Berkeley Maureen Richey, Director of Programs, LSS DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 4 Maureen Richey has a over a decade of experience working in affordable hosuing, homelessness, public health, community development, and more. As an Associate and later Senior Associate with LeSar Development Consultants, she worked with cities and regional bodies across Los Angeles County on homelessness-related planning and implementation. Other projects of note include disaster recovery housing outreach for the State of California and community investment grants management for a large Medicaid Managed Care Organization. She previously provided technical assistance through the Council of State Governments Justice Center in New York to communities across the country on creating strategies to address criminal justice recidivism among individuals with mental illness and housing instability. Prior to joining the Council of States Governments Justice Center, she was a policy analyst for the Alliance for Children and Families in Washington DC and also a Housing and Community Development Associate at ICF International. Maureen completed two years of AmeriCorps service working at both a shelter for homeless youth and a community action agency in rural southwestern Oregon. She has a bachelor’s degree from the University of Chicago and a Masters of Public Policy from Duke University, as well as an Accelerated Management Development Certificate from the University of Michigan Ross School of Business. New Hire, LSS Senior Associate To be onboarded approx. January 2023. Bio forthcoming. DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 5 PROPOSED WORKPLAN Nov Dec Jan Feb Mar Apr May June Estimated Cost Percent Task 0: Project Kick-Off and Ongoing Project Management $23,000 13% 0.1 Kick-off meeting 0.2 Ongoing project management Deliverable #1: Final scope, timeline, and communication protocol Task 1: Inventory available land and identify potentially eligible and most strategic plots. $35,000 20% 1.1 Create inventory of potentially eligible parcels of land 1.2 Develop tool to rank and review parcels by eligibility criteria. 1.3 Identify priority parcels for inclusion in proposal. 1.4 Draft proposed budget/program needs for adaptive reuse and/or infill Deliverable #2: Property list and review/assessment tool. Deliverable #3: Priority properties identified, and tentative budget estimates drafted. Task 2: Preparation of Concept Project Proposal $60,000 34% 2.1 Create list of application components and assign responsible parties and due dates 2.2 Finalize proposed project budget and identify gap financing 2.3 Complete analysis of priority sites' needs in order to achieve "shovel readiness" as defined by NOFA 2.4 Prepare draft proposal Schedule of Fees DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 6 2.5 `Finalize and submit project proposal Deliverable #4: Completed and submitted proposal Task 3: Anti-displacement and Community Engagement strategy development $11,000 6% 3.1 Develop anti-displacement strategy for proposed project(s) 3.2 Develop community engagement strategy that meets or exceeds standards set in AB 157 and the request for concept proposals. Deliverable #5: Drafted anti-displacement strategy Deliverable #6: Community engagement and outreach strategy Task 4: Draft and submit full application $46,000 26% 4.1 Create list of application components and assign responsible parties and due dates 4.2 Prepare draft application and budget materials 4.3 Develop implementation strategy for community engagement and anti-displacement strategies 4.4 Finalize and submit complete application to HCD Deliverable #7: Completed and submitted application Task 5: Follow-up activities No charge 0% 5.1 Complete refinement of final proposal materials as requested by client. Deliverable #8: Final award letter or final debrief on why proposal was not successful (no charge) Total Budget $175,000 DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and [LESAR SUPPORT SERVICES (Consultant) Infill Infrastructure Grant - Catalytic Qualifying Infill Areas Funding Opportunity MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non - owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2.The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3.Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4.Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1.COMMERCIAL GENERAL LIABILITY: (i)$1,000,000 per occurrence for bodily injury and property damage; (ii)$1,000,000 per occurrence for personal and advertising injury; (iii)$2,000,000 aggregate for products and completed operations; and, DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) Page 2 of 4 (iv)$2,000,000 general aggregate applying separately to the work performed under the Agreement. 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i)$1,000,000 each accident for bodily injury; (ii)$1,000,000 disease each employee; and, (iii)$1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i)$1,000,000 per claim/occurrence; and, (ii)$2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non -contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i)The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii)The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) Page 3 of 4 CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the CITY , its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 ALL-B Generic CSA Not to Exceed (05-2022) Page 4 of 4 the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, eviden cing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement is required, the Consultant will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 Page 1 of 1 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Infill Infrastructure Grant - Catalytic Qualifying Infill Areas Funding Opportunity YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address)  Additional page(s) attached. (City, State Zip) 12/28/2022 Jennifer LeSar LeSar Support Services 404 Euclid Avenue, Suite 212 San Diego, CA 92114 DocuSign Envelope ID: 947E9518-3C3D-4783-9B64-62471FA6ECC1 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-10 Agenda Date:1/5/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:SANTINO DANISI, MBA, City Controller/Finance Director BY:COURTNEY ESPINOZA, Business Manager Finance Department, Grants Management Unit SUBJECT Actions pertaining to American Rescue Plan Act (ARPA) funding to Community Based Organizations (CBOs) 1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15301/Class 1 for to proposed project pursuant to the California Environmental Quality Act (CEQA) 2. Approve an agreement with Helping Others Pursue Excellence (HOPE) allocating $500,000 in ARPA funding for small business assistance and to construct a commercial kitchen at an existing space on the Vision View campus. RECOMMENDATION Staff recommends Council approve an agreement with HOPE allocating $500,000 in ARPA funding to construct a commercial kitchen for small businesses to use at an existing space on the Vision View campus and provide small business assistance for those impacted by the COVID-19 pandemic. EXECUTIVE SUMMARY Staff recommends Council approve an agreement with HOPE allocating $500,000 in ARPA funding to provide small business assistance and the construction of a commercial kitchen on the Vision View campus. This allocation of ARPA funding was approved in part by Council on June 23, 2022, however the adoption of a categorical exemption for construction now is required. In 2021, the City of Fresno was awarded American Rescue Plan Act funding in the amount of $170,808,029. Of this funding approximately $10,000,000 was identified as a resource to provide grant funding to local Community Based Organizations (CBOs) for projects that aid in the recovery of the COVID-19 pandemic. Through a formal request for proposals (RFP) process and subsequent Council approval, HOPE was allocated $500,000 in ARPA funding for the construction of a commercial kitchen and small business assistance. Due to CEQA requirements, this project requires the adoption of categorical exemption at the time of award. BACKGROUND In 2021, the City of Fresno was awarded American Rescue Plan Act funding in the amount of $170,808,029. Of this funding approximately $10,000,000 was identified as a resource to provide grant funding to local Community Based Organizations (CBOs) for projects that aid in the recovery of the COVID-19 pandemic. Through a formal request for proposals, 46 proposals were submitted totaling $77,779,315 through the City’s Planet Bids portal. All proposals were vetted for eligibility based on each agency’s self-identified APRA category determination and City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent File #:ID 23-10 Agenda Date:1/5/2023 Agenda #: 1.-C. portal. All proposals were vetted for eligibility based on each agency’s self-identified APRA category determination and the U.S Treasury’s ARPA requirements and guidelines. Of eligible ARPA categories, priorities were identified by City Council via an anonymous survey. A review committee determined which projects were recommended for funding. On June 23, 2022, Council approved 15 CBOs to receive ARPA funding for a variety of different projects including; small business assistance, CBO recovery, food distribution, workforce development, youth programing and services, victim assistance, child care vouchers, and resident and business financial assistance. Due to the scope of work, HOPE is required to complete CEQA for the construction portion of the project at the time of contract. ENVIRONMENTAL FINDING This project is exempt under Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE This organization has been previously approved by Council. FISCAL IMPACT Proposals will be funded through American Rescue Plan Act funding and will not impact the general fund. Attachments: ARPA CBO Agreement with Helping Others Pursue Excellence Helping Others Pursue Excellence Cat Exempt - CEQA City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ 1 | P a g e CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR MINOR BUILDING IMPROVEMENTS FOR VISION VIEW CAMPUS THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Courtney Espinoza City of Fresno Grants Management Unit 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: 4974 East Clinton Way; Located on the southwest corner of East Clinton Way and North Fine Avenue (APN: 494-231-10) PROJECT DESCRIPTION: The proposed project was filed by the City of Fresno and pertains to approximately 1.93 acres of property located at 4974 East Clinton Way. The applicant proposes minor building improvements including construction of a commercial kitchen within an existing building . The subject property is zoned IL (Employment – Light Industrial). This project is exempt under Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, fac ilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. The proposed project consists of minor interior building improvements which includes the construction of a commercial kitchen within an existing building. The building consists of several tenant suites with office uses related to the Vision View campus. The proposed construction of a commercial kitchen within an existing vacant suite that will not expand the building footprint will result in a negligible expansion of the existing use. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, as the subject site is a developed property in an urbanized area, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. Date: December 15, 2022 2 | P a g e Submitted by: Rob Holt Planner III City of Fresno Planning and Development Department (559) 621-8056 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-27 Agenda Date:1/5/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:SANTINO DANISI, Finance Director/City Controller Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant - Debt Administration Finance Department SUBJECT ***RESOLUTION - Approving the payoff of the Roeding Business Park Loan in the amount of $1,220,801.51 between the City of Fresno and the California Infrastructure and Economic Development Bank (Subject to Mayor’s Veto.) RECOMMENDATION Staff recommends the Council approve the accompanying resolution to pay off the Roeding Business Park Loan in the amount of $1,220,801.53 plus interest through the payoff date. EXECUTIVE SUMMARY In March of 2004, the City of Fresno (the “City”) acquired a loan in the amount of $2,441,100 through the California Infrastructure and Economic Development Bank (the “CIEDB”) to assist the Redevelopment Agency of the City of Fresno with development of the Roeding Business Park. This loan has a provision in the Facilities Lease that requires the City to provide Annual Comprehensive Financial Report (“ACFR”) to the CIEDB no later than January 27 of each year. This provision has consistently presented a challenge to the City. Any circumstances that may delay the issuance of the ACFR past January 27 presents a technical default which could impact the City’s credit rating. Additionally, the City continues to incur debt service costs at approximately $135,000 annually, which will be avoided once this loan is paid in full. Staff recommends utilizing one-time funds to pay off this loan in its entirety. BACKGROUND In March of 2004, the City of Fresno (the “City”) acquired a loan in the amount of $2,441,100 through the California Infrastructure and Economic Development Bank (the “CIEDB”) that assisted the Redevelopment Agency of the City of Fresno with development of the Roeding Business Park. This loan has a provision in the Facilities Lease that requires the City to provide Annual Comprehensive Financial Report (“ACFR”) to the CIEDB no later than January 27 of each year. This provision has consistently presented a challenge to the City. Any circumstances that may delay the issuance of the City of Fresno Printed on 12/29/2022Page 1 of 2 powered by Legistar™ 01-05-2023 MA / LC 7-0 Approved as Amended RES. 2023-002 File #:ID 23-27 Agenda Date:1/5/2023 Agenda #: 1.-D. consistently presented a challenge to the City. Any circumstances that may delay the issuance of the ACFR past January 27 presents a technical default which could impact the City’s credit rating. Staff has identified available appropriations in the General City Purpose Department’s Animal Control Services budget to fund this payoff. The Animal Center opened in July of 2022 and due to current constraints including labor shortages impacting staffing, vehicle order delays and delays in project completions, staff does not expect to fully expend the allocated budget this fiscal year. ENVIRONMENTAL FINDINGS This approval is not a project for the purposes of CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT Sufficient appropriations exist in the General Fund General City Purpose Department’s Animal Control Services budget due to anticipated savings this fiscal year. Attachments: Resolution City of Fresno Printed on 12/29/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-09 Agenda Date:1/5/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:KERRI L. DONIS, Fire Chief Fire Department SUBJECT ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) RECOMMENDATION It is recommended Council adopt the resolution to accept the 2021 SAFER Grant for $7,246,600 and authorize the Fire chief, or designee, to complete all required documents. EXECUTIVE SUMMARY On January 27, 2022, City Council approved the Fire Department to apply for the 2021 SAFER grant to recruit twenty-four (24) new members. The grant reimburses the City 100% of salaries and benefits of each recruit for a period of 36 months. On December 00, 2022, the department was notified it had been awarded a grant in the amount of $7,246,600. A City Council resolution is required to enable the department to process the grant and receive payments of the grant proceeds. The grant will also reimburse for any increases in salary levels resulting from negotiated labor agreements occurring after the initial application process. BACKGROUND On December 00, 2022, the department was notified it had been awarded funding for grant. The Fire Department plans on conducting a 16-week drill school upon award of the grant and approval by the City Council to accept the grant. The federal share of the grant is $7,246.600, and the City’s unreimbursed costs will be as follows: $1,102,200 for Fiscal Year 2023; $738,400 for Fiscal Year 2024; $743,673 in Fiscal Year 2025. Actual reimbursement from the grant will be increased in accordance with any subsequent labor agreements occurring after the initial application process. After the grant period of performance is City of Fresno Printed on 12/29/2022Page 1 of 2 powered by Legistar™ 01-05-2023 Removed by Staff to 01-19-2023, New File ID 23-93 File #:ID 23-09 Agenda Date:1/5/2023 Agenda #: 1.-E. completed in August, 2025, ongoing estimated costs will be $3,341,000 per year. FISCAL IMPACT The City of Fresno’s share of costs related to the grant have been built into the base budget for fiscal year 2023. LOCAL PREFERENCE Local preference was not implemented because this item is not an award of a construction or services contract. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a project for the purposes of CEQA. Attachments: Resolution - Authorizing Acceptance of Grant City of Fresno Printed on 12/29/2022Page 2 of 2 powered by Legistar™ 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: __PB____ Resolution No. RESOLUTION NO. ____________ RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE 2021 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT, AND AUTHORIZING THE COMPLETION AND SUBMISSION OF ALL REQUIRED DOCUMENTS. WHEREAS, the Federal Emergency Management Agency (FEMA) provides funding for the FY 2021 SAFER grant; and WHEREAS, the procedures established by FEMA require the applicant to certify by resolution approval of the grant award; and WHEREAS, the City of Fresno (City) will enter into an agreement with FEMA and any collaborating local agencies and entities for the grant funded program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno: 1.That Council approves acceptance of grant funds for 2021 SAFER through the FEMA grant program. 2.To the extent consistent with all Constitutional and local law requirements and this resolution, the City certifies that it has or will have sufficient funds to operate and maintain the Program. 3.That the City certifies it has reviewed, understands, and, to the extent consistent with all Constitutional and local law requirements and this resolution, agrees to the provisions contained in the Application, Award and Program Guidelines. 4.The Fire Chief for the City of Fresno is appointed the agent of the City of Fresno to conduct all negotiations and take any actions necessary for the purpose of obtaining the federal financial assistance hereunder, execute and submit documents including, but not limited to, applications, agreements, memoranda of understanding, payment requests and so on, which may be necessary for the completion of the Program, subject to prior approval as to form by the City Attorney’s Office. * * * * * * * * * * * * * * 2 of 2 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2022. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2022 Mayor Approval/No Return: , 2022 Mayor Veto: , 2022 Council Override Vote: , 2022 Todd Stermer, CMC City Clerk BY: Deputy APPROVED AS TO FORM: City Attorney BY: PAULINE BRICKEY Date Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-42 Agenda Date:1/5/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department SANTINO DANISI, Finance Director/Controller Finance Department BY:MELISSA PERALES, Purchasing Manager General Services Department, Purchasing Division SUBJECT Approve an agreement with DataProse, LLC., in the not-to-exceed amount of $206,874.40 annually, plus annual CPI adjustments, for three years with three one-year optional extensions for the Finance Department’s print and mail services for utilities, business tax, and animal license billings and authorize the City Controller/Finance Director to execute all related documents (Bid File 9641) RECOMMENDATION Staff recommends Council approve an award to DataProse, LLC., (DataProse) in the not-to-exceed amount of $206,874.40 annually, plus annual CPI adjustments, for three years with three one-year optional extensions for the Finance Department’s print and mail services for utilities, business tax, and animal license billings and authorize the City Controller/Finance Director to execute all related documents. EXECUTIVE SUMMARY The Finance Department's Business Tax Division and Utility Billing and Collection Division is responsible for customer service and various billings for utilities, business taxes, and animal licenses. For over 10 years, the Finance Department has been using an outside vendor for print and mail services for the timely billing to over 165,000 customers monthly. Through a formal Request for Proposal (RFP) process, the Finance Department recommends DataProse as the best value to the City. On August 11, 2022, Council approved an award for print and mail services for the Finance Department with DataProse in the total amount $65,589.60 for three years plus three one-year optional extensions. Prior to the City executing a contract with the vendor, it was discovered that a calculation error occurred when determining the annual amount of the contract. Council’s approval of this item will increase the award value to not-to-exceed $206,874.40 annually plus CPI adjustments. Following the recalculation of this contract, DataProse, remains the lowest cost proposer for the City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent File #:ID 23-42 Agenda Date:1/5/2023 Agenda #:1.-F. services requested. BACKGROUND The Finance Department’s Utility Billing and Collection Division prints, mails, and/or emails monthly utility invoices to the citizens of Fresno. The Business Tax Unit prints, mails, and/or emails monthly animal license renewals, and semi-annual and annual tax renewal forms to businesses, doing business in the City of Fresno. The City has used an outside vendor to provide these print and mail services for many years. The City’s most recent vendor, OSG Billing Services (formerly known as DivDat), has been with the City since March 2010. As the previous contract for these services had reached the end of its term, Staff prepared an RFP for mail and print services. This RFP was published in Planet Bids on February 16, 2022. The specifications were distributed to 29 prospective bidders. Nine proposals were received in a public bid opening on March 22, 2022. An Evaluation Committee reviewed the proposals and determined five proposers should be interviewed. Following the completion of interviews, the Evaluation Committee determined that DataProse provided the best value to the City. The committee cited several reasons for selecting DataProse; including 30 years of print and mail services, a California location, extensive experience with municipalities, familiarity with Sungard Naviline and Tyler Munis software programs, and a close relationship with USPS. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not considered. FISCAL IMPACT The funding to cover mail and print service charges has been included in the FY 2023 adopted budget under the Finance Department. Attachments: Bid Evaluation Form Report from Evaluation Committee City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ REPORT FROM EVALUATION COMMITTEE REQUEST FOR PROPOSAL FOR PRINT AND MAIL SERVICES (For Utilities, Business Tax, and Animal License) RFP NO. 9641 COMMITTEE MEMBERS: •Yvonne Dedmore, Assistant Controller, City of Fresno Finance Department •Brian Reams, Revenue Manager, City of Fresno Utilities Billing and Collection Division •Connie Alfaro, Revenue Supervisor City of Fresno Business Tax Unit •Ryan Whitaker, Central Print Supervisor, City of Fresno Graphic Reproduction Services •Augustus Krider from the City’s Purchasing Division was the facilitator to the Committee BACKGROUND The goal of this Request for Proposal (RFP) was to solicit proposals to provide professional print and mail services to the Utilities Billing and Collections Division and the Business Tax Unit of the Finance Department. The operator will be responsible for print and mail services as per the specifications. In response to the RFP, proposals were received from nine vendors by the March 22, 2022 deadline. To evaluate the proposals, an RFP Review Committee (Committee) was created made up of staff from Utilities Billing and Collection, Business Tax, Finance Administration, and Central Printing. The Committee held its first meeting on April 22, 2022. At that meeting, the Committee members evaluated the nine proposers on 1) the ability to meet the stated service requirements, 2) cost s as shown on the proposal cost detail, 3) experience with the services described, and 4) other related information provided by proposers. Four of the nine proposals were cost-prohibitive; thus, those vendors were eliminated from further consideration. At the same meeting, the Committee determined that interviews would be conducted with the following five (5) proposers from May 5, 2022 through May 10, 2022: Data Prose LLC, OSG, Infosend, Ray Morgan Company, and Level One LLC. The final Committee meeting to review notes from the interviews and finalize the vendor selection was held on May 17, 2022. COMMITTEE NOTES The following are the evaluations of each of the interviewed proposers’ bids. Level One (Total Annual Cost Proposal: $241,264.00) - The vendor’s cost proposal was among the higher offerings. It was also recently acquired by another vendor, causing the Committee to become concerned about the consistency of the services offered. Ray Morgan Co. (Total Annual Cost Proposal: $230,744.68) - The vendor’s cost proposal was competitive with other proposals. However, its experience with print and mail service was not as extensive as other vendors considered. OSG Billing Services (Total Annual Cost Proposal: $275,723.60) -The vendor’s cost proposal was highest of the five respondents that were interviewed. Additionally, as the incumbent vendor for the Utilities Billing and Collections Division and the Business Tax Unit, they have not provided Report from Evaluation Committee RFP No. 9641 quality service in the past. Finally, OSG Billing Services has a production facility in Tempe, Arizona and headquartered in New Jersey. InfoSend (Total Annual Cost Proposal $254,378.00) – The vendor has provided print and mail services for twenty-five years. The committee was impressed by its California location, previous experience with municipalities, technology offerings, and close relationship with the USPS. However, its cost proposal was the second highest of the interviewed proposers. DataProse LLC (Total Annual Cost Proposal $206,874.40) - The vendor has provided print and mail services for over thirty years. They have a West Coast Production facility in Sacramento, extensive experience with municipalities, familiarity with the Sungard Naviline and Munis software programs, technology offerings, and close relationship with the USPS made it the preferred vendor. In addition, their cost proposal the lowest offered. Summary Recommendation- The proposal from DataProse LLC is the best value and the most competitive of the bids. Based on the evaluation criteria, staff determined that DataProse LLC is capable of providing the level of service required to do this project. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-48 Agenda Date:1/5/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:BRYON HORN, Chief Information Officer Information Services Department BY:ED SMITH, Information Services Manager Information Services Department SUBJECT Approve the purchase of licensing for the Accela Cannabis Module for our on-premise Accela Civic Platform in the amount of $20,000. RECOMMENDATION Staff recommends Council approve the City Manager or designee purchase Accela Cannabis Module licensing for Accela Civic Platform in the amount of $20,000. EXECUTIVE SUMMARY Staff recommends migrating the existing permits management of cannabis-related business from an existing provider to the Accela Cannabis Module (Module). This will provide significant benefits to the City and to applicants doing business with the City, including: ·Create efficiencies thus reducing time spent processing applications. ·Process cannabis applications in the same land management system used by Planning, Building, Fire, and Code Enforcement, allowing streamlining of workflows, easing clerical effort, centralizing applicant communication with the City to one centralized web site, and making it easier for departments to work together. ·Centralize records and reports into a system with greater internal oversight and IT support. The Cannabis Module will be prorated so that it co-terms with our master agreement with Accela that renews on July 1, 2023. Therefore, the cost for this fiscal year will be half the amount on the order form, or $20,000, for the January to June period. BACKGROUND Under the direction of the City Manager, the Office of Cannabis Oversight is responsible for coordinating the implementation of the City’s cannabis laws and regulations. On November 8, 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult City of Fresno Printed on 1/13/2023Page 1 of 3 powered by Legistar™ 01-05-2023 LC / MA 5-2, GB & MK Voted No Approved on Consent File #:ID 23-48 Agenda Date:1/5/2023 Agenda #: 1.-G. On November 8, 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana (“AUMA”) Act. This law legalizes nonmedical, recreational marijuana, subject to the regulation of local government jurisdictions in the State of California. On December 13, 2018, Fresno City Council adopted the Cannabis Retail Business and Commercial Cannabis Business Ordinance, which sets out the permitting framework and regulatory requirements for Medicinal and Adult-Use Cannabis businesses to operate within the City for commercial activities such as cultivation, manufacturing, and distribution. This ordinance was amended on January 30th, 2020, on June 25th, 2020, and may be further refined by the City Council. The Office of Cannabis Oversight currently uses OpenGov and wishes to move to Accela to integrate better with the land management system used by Planning, Building, Fire, and Code Enforcement to better streamline and unify common and shared workflows. The first renewals of our Cannabis- related permits are coming up in May of 2023, and the Office of Cannabis Oversight would like to start using the Module at that time. In addition, the Office of Cannabis Oversight would like the additional flexibility and greater functionality available in the Module that is not currently available in OpenGov. The City currently has a contract with Accela, Inc. for Accela Civic Platform. The City uses Accela for Land Management including building permits, planning applications, Fire prevention inspection scheduling, Code Enforcement, Public Works street-work permits, special events permits, and other permits and workflows in the Planning and Development, Fire Department, Public Works and Public Utilities Departments, and City Attorney’s Office Code Enforcement. Accela provides a Citizen Access Portal that citizens use to process permits, submit applications and documents, track status, and schedule inspections via a branded and highly secure citizen portal, saving them significant time and effort. This means fewer trips to City Hall to wait in lines, and faster service from the City. ENVIRONMENTAL FINDINGS The approval of this amendment is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this contract is with an existing vendor. FISCAL IMPACT Funding for year one of this purchase currently exists in ISD’s FY 23 Budget in the Systems and Acquisitions Maintenance (SAM) Fund. The attached quote is for a full year, but the cannabis module will be prorated so that it co-terms with our master agreement with Accela that renews on July 1, 2023. Therefore, the cost for this fiscal year will be half the amount on the order form, or $20,000, for the January to June period. Attachment: City of Fresno Printed on 1/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-48 Agenda Date:1/5/2023 Agenda #: 1.-G. Quote ID: Q-28867 (Fresno Q-28867-20221208-OF) City of Fresno Printed on 1/13/2023Page 3 of 3 powered by Legistar™ 2633 Camino Ramon, Suite 500 San Ramon, CA, 94583 Proposed by: Audrey Zuro Contact Phone: 925-788-4456 Contact Email: azuro@accela.com Quote ID: Q-28867 Valid Through: 1/2/2023 Currency: USD __________________________________________________________________________________________________________________________________________ Order Form Address Information Bill To:Ship To: City of Fresno City of Fresno 2600 Fresno Street Fresno, California 93721 United States 2600 Fresno Street Fresno, California 93721 United States Billing Name: Cherie Vick Billing Phone: 559-621-8036 Billing Email: cherie.vick@fresno.gov ____________________________________________________________________________________________________________________________________________________________ Services Year Start Date End Date Term (Months) Price Qty Net Total Accela Cannabis Licensing- OnPrem Year 1 1/2/2023 1/1/2024 12 $2,666.67 15 $40,000.00 TOTAL:$40,000.00 Pricing Summary Period Net Total Year 1 $ 40,000.00 Total $ 40,000.00 Additional Terms: 1. No additional or conflicting terms or conditions stated in Customer’s order documentation, including purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null. 2. This Order Form will be governed by the applicable terms and conditions. If those terms and conditions are non- existent, have expired or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase. Quote Number:Q-28867-2 Print Date:12/8/2022 Page 1 of 2 3. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable. 4.If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro-rate this purchase so that it can co-term with the prior agreement. 5. If this Order Form is executed and/or returned to Accela by Customer after the Order Start Date above, Accela may adjust the Order Start Date and Order End Date without increasing the total price based on the date Accela activates the products and provided that the total term length does not change. Signatures Accela, Inc. Customer Signature:Signature: Print Name:Print Name: Title:Title: Date:Date: Quote Number:Q-28867-1 Print Date:12/8/2022 Page 2 of 2 Special Terms: Notwithstanding any language to the contrary, the Subscription Services listed in this Order are subject to the Special Order Terms attached and incorporated herein as Attachment 1. Attachment 1 – Special Order Terms for Subscription Services 1 Attachment 1 Special Order Terms for Subscription Services Definitions o “Subscription Services” means the civic administration services, comprised of the Accela System, Software, and Support Services, to which Customer may license access to in accordance with the terms herein. o “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order. o “Effective Date” means the date of the applicable Order. o “Documentation” means the then-current technical and functional user documentation in any form made generally available by Accela for the Subscription Services. o “Authorized User” means one named employee (identified by a unique email address), contractor or agent of Customer for whom Customer has purchased a subscription to the Subscription Services and who is authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Order. o “External Users” means third party users of the Subscription Services that access the public facing interfaces of the Subscription Services to submit queries and requests to facilitate communications between such third party and Customer. o “Support Services” means the technical and help services provided by Accela in accordance with the Support Services Policy generally available to SaaS customers. o “Agreement” means the Consulting Agreement executed between Customer and Accela on June 8, 2016 and any amendments thereto. Subject to the terms and conditions of this Order, Accela hereby grants to Customer a limited, non- exclusive, non-transferrable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then current rates. This Order shall become effective on the Effective Date and shall continue in full force and effect until the expiration of any Subscription Periods set forth therein. Customer acknowledges that this purchase is non- refundable, including in the event Customer terminates the Agreement pursuant to Section 4(a)(ii), Customer shall not, and shall not permit others to (i) use or access the Subscription Services in any manner except as expressly permitted by the Order, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Order; (ii) license, sub-license, sell re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that; (a)violates or infringes upon the rights of a third party; or (b) store or transmit of libelous, tortious, or otherwise unlawful material or malicious code or viruses; (vi) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (vii)interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (viii)access, use or provide access or use to the Subscription Services or Documentation for the purposes Attachment 1 – Special Order Terms for Subscription Services 2 of competitive analysis, the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage, (ix) provide access to the Subscription Services to competitors of Accela, (x) access or use components of the Subscription Service not licensed by Customer; (xi) use or allow the use of, the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under all applicable export control laws; (xi) remove, delete, alter, or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Subscription Services; or (xii) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage. During the Subscription Period, Accela shall provide its standard SaaS Support Services to Customer and shall make all commercially efforts to attain the service levels as specified in the applicable policies. The remedies set forth in the Support Services & Service Availability Policies are the sole and exclusive remedies for any breach of the services level. Customer grants Accela a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or, after making all commercially reasonable attempts to do the foregoing (c) terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non-compliant Subscription Services. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CUSTOMER’S BREACH OF THE FOREGOING RESTRICTIONS, NEITHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS ORDER OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF THE FOREGOING RESTRICTIONS OR EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS ORDER OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES, Attachment 1 – Special Order Terms for Subscription Services 3 WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  The order of interpretation between the documents shall be then this Order (including Attachment 1), the Exhibit D to the Agreement (the “License Agreement”) and any amendments thereto, and the Agreement in that order. Notwithstanding anything to the contrary in the Agreement, in the case of a conflict between the terms of this Order and any of the foregoing terms, the terms of this Attachment 1 shall prevail.  If Customer purchases any Software for use with any cannabis related activities, the following additional disclaimers shall apply: Accela is considered a software service provider to its customers and not a cannabis-related business or agent thereof. In addition to the foregoing, Accela only retains Software fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Software. Accela makes no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third-party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-32 Agenda Date:1/5/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department BY:VANESSA PERALES, Human Resources Manager Personnel Services Department SUBJECT ***RESOLUTION - Adopt the 8th Amendment to the FY 2023 Salary Resolution No. 2022-152, amending Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes to decrease the E13 minimum salary range from $9,766 to $9,092 per month for the affected classification of Project Liaison/Program Administrator, effective January 2, 2023 (Subject to Mayor’s Veto) RECOMMENDATION It is recommended that Council approve the Eighth Amendment to the FY 2023 Salary Resolution No. 2022-152 in Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes, to decrease the E13 minimum salary range from $9,766 to $9,092 per month for the affected Project Liaison/Program Administrator classification, effective January 2, 2023. EXECUTIVE SUMMARY The E13 Executive Pay Range was added to Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes, effective October 3, 2022, by the Third Amendment to the FY 2023 Salary Resolution No. 2022-152. When the E13 Executive Pay Range of $9,766 - $12,501 per month was developed, it inadvertently reflected a salary spread designed for salary steps when the intention was to develop an Executive Pay Range with a 37.50% spread. Decreasing the E13 minimum salary range from $9,766 to $9,092 per month, to an E13 Executive Pay Range of $9,092 - $12,501 per month will allow maximum flexibility within the Executive Pay Range. Currently this only affects the Project Liaison/Program Administrator classification. It is recommended that the Project Liaison/Program Administrator classification be amended to decrease the minimum salary range from $9,766 to $9,092 per month, effective January 2, 2023. This action will not affect any current incumbent salaries or require additional appropriations from departments and decreasing the minimum salary range may result in a future cost savings to departments. To implement these actions, it is necessary to approve the Eighth Amendment to FY 2023 Salary Resolution No. 2022-152. City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent RES. 2023-003 File #:ID 23-32 Agenda Date:1/5/2023 Agenda #: 1.-H. BACKGROUND The E13 Executive Pay Range was added to Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes by the Third Amendment to the FY 2023 Salary Resolution No. 2022-152. The E13 salary range of $9,766 - $12,501 was developed to mitigate compaction issues between classifications and other pay ranges in Exhibit 2. However, after reviewing the implementation of this pay range within the classification system, the current pay range inadvertently reflects a salary spread designed for salary steps when the intention was to develop a salary range consistent with a 37.50% spread. Decreasing the E13 minimum salary range from $9,766 to $9,092 is recommended to allow maximum flexibility in addition to allowing this pay range to be considered for other classifications as reviews of structures are completed periodically. The E13 Executive Pay Range will be $9,092 - $12,501 per month. At this time, the only affected classification assigned to the E13 Executive Pay Range is in Exhibit 2, Non-Represented Management and Confidential Classes, the Project Liaison/Program Administrator. It is recommended that the Project Liaison/Program Administrator classification be amended to decrease the minimum salary range from $9,766 to $9,092 per month, effective January 2, 2023. There will be no impact to current incumbents. The City Attorney’s Office has approved the Eighth Amendment to Salary Resolution No. 2022-152 as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno. FISCAL IMPACT Amending the Salary Resolution will not require additional appropriations for Fiscal Year 2023 and decreasing the E13 minimum salary range may result in a future cost savings to departments. Attachments: Resolution: Eighth Amendment to FY23 Salary Resolution No. 2022-152 Salary Tables: Eighth Amendment to FY23 Salary Resolution No. 2022-152 - Redline Salary Tables: Eighth Amendment to FY23 Salary Resolution No. 2022-152 - Final City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Principal Budget Analyst 135009e -E7 8291 -11401 Principal Internal Auditor 135011e -E8 7537 -10364 Principal Labor Relations/Risk Analyst* 150018e -E12 7914 -10882 Project Liaison/Program Administrator* 150062e -E13 9092*** 9766 -12501 Public Affairs Officer 150118e -E8 7537 -10364 Public Works Director 210085e -E4 11389 -17979 Retirement Administrator 135030e -E3 15190 -20887 Retirement Benefits Manager 135045e -E7 8291 -11401 Retirement Office Manager 115007e -E17 3978 -7094 Senior Budget Analyst 135007e -E8 7537 -10364 Senior City Attorney Investigator** 160004e -E8 7537 -10364 Senior Deputy City Attorney I 160013e -E6 8558 -13181 Senior Deputy City Attorney II 160014e -E21 9414 -14500 Senior Deputy City Attorney III 160016e -E22 9884 -15224 Senior Human Resources/Risk Analyst 150017e - E8 7537 - 10364 Senior Law Clerk 11502210 -E16 4086 -6323 Supervising Deputy City Attorney 160010e - E5 9588 - 14806 E Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. *Effective 10/3/22, by the Third Amendment to Salary Resolution 2022-152. **Effective 12/15/22, by the Seventh Amendment to Salary Resolution 2022-152. ***Effective 1/2/2023, by the Eighth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Principal Budget Analyst 135009e -E7 8291 -11401 Principal Internal Auditor 135011e -E8 7537 -10364 Principal Labor Relations/Risk Analyst* 150018e -E12 7914 -10882 Project Liaison/Program Administrator* 150062e -E13 9092*** -12501 Public Affairs Officer 150118e -E8 7537 -10364 Public Works Director 210085e -E4 11389 -17979 Retirement Administrator 135030e -E3 15190 -20887 Retirement Benefits Manager 135045e -E7 8291 -11401 Retirement Office Manager 115007e -E17 3978 -7094 Senior Budget Analyst 135007e -E8 7537 -10364 Senior City Attorney Investigator** 160004e -E8 7537 -10364 Senior Deputy City Attorney I 160013e -E6 8558 -13181 Senior Deputy City Attorney II 160014e -E21 9414 -14500 Senior Deputy City Attorney III 160016e -E22 9884 -15224 Senior Human Resources/Risk Analyst 150017e - E8 7537 - 10364 Senior Law Clerk 11502210 -E16 4086 -6323 Supervising Deputy City Attorney 160010e - E5 9588 - 14806 E Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. *Effective 10/3/22, by the Third Amendment to Salary Resolution 2022-152. **Effective 12/15/22, by the Seventh Amendment to Salary Resolution 2022-152. ***Effective 1/2/2023, by the Eighth Amendment to the Salary Resolution 2022-152. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-15 Agenda Date:1/5/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division JASON A. CAMIT, PLS, Chief Land Surveyor Public Works Department, Right of Way Section SUBJECT Actions pertaining to the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Council District 3) 1. Adopt finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01 for the Southeast corner of North Parkway Drive and West Shields Avenue 2. Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-02 for a portion of North Parkway Drive, north of West Weldon Avenue 3. Adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-03 for a portion of North Marks Avenue, north of the Marks-Shields Connector 4. ***RESOLUTION - Ordering the summary vacation of a portion of the Southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council adopt findings of Categorical Exemption per staff determinations, pursuant to Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00663-SR99-01, Environmental Assessment Number PW00663-SR99-02, City of Fresno Printed on 12/29/2022Page 1 of 3 powered by Legistar™ 01-05-2023 MA / AP 7-0 RES. 2023-004 File #:ID 23-15 Agenda Date:1/5/2023 Agenda #:1.-I. Assessment Number PW00663-SR99-01, Environmental Assessment Number PW00663-SR99-02, and Environmental Assessment Number PW00663-SR99-03 and adopt the attached resolution ordering the summary vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector. EXECUTIVE SUMMARY Caltrans is requesting the vacation of a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector. These proposed vacations are to eliminate excess right-of-way created by the State Route (SR) 99 Realignment Project. The vacation areas defined are no longer needed as public street right-of-way because the SR 99 Realignment Project constructed new street improvements and provided replacement right of way where necessary. All costs associated with these vacations are funded by the California High-Speed Rail Authority (CHSRA) through Reimbursement Agreement HSR No. 11-29. BACKGROUND High Speed Rail construction required a segment of State Route (SR) 99 to be realigned from West Ashlan Avenue to West Weldon Avenue. SR 99 has been realigned to the west and created excess public street remnants. These remnants no longer function as public streets due to their non- standard shapes, and had been planned to be disposed of back to Caltrans by the City in accordance with the vacation process and Surplus Land Act. The Public Works Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacations and determined that the public street right-of-way proposed for vacation is unnecessary for present or prospective public street purposes as described in Exhibits “A1 through A3” and as shown on Exhibits “B1 through B3”, said exhibits are included in the attached Resolution to Vacate. The City Attorney’s Office has approved the attached Resolution to Vacate as to form. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS Staff has performed preliminary environmental assessments of this project and has determined this project is exempt under Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other publicCity of Fresno Printed on 12/29/2022Page 2 of 3 powered by Legistar™ File #:ID 23-15 Agenda Date:1/5/2023 Agenda #:1.-I. and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use. Section 15305 (Class 5/Minor Alteration in Land Use Limitations) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use. The proposed vacation of the above-described land meets the criteria noted above. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2 apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project. LOCAL PREFERENCE Local preference does not apply because the vacation of public streets does not involve bidding or contracting. FISCAL IMPACT This project has no impact to the General Fund and is located in Council District 3. All costs associated with these vacations are funded by the CHSRA through reimbursement agreement HSR No. 11-29. Attachments: Vicinity Map EA No. PW00663-SR99-01 EA No. PW00663-SR99-02 EA No. PW00663-SR99-03 Resolution for Summary Vacation City of Fresno Printed on 12/29/2022Page 3 of 3 powered by Legistar™ NORTH ANNADALECLOVISINTERNATIONALMAROABLACKSTONESHEPHERD PERRIN BEHYMERMAPLEFRESNOFIRSTMILLBROOKCEDARCHESTNUTWILLOWCOPPER OLIVE BELMONT GETTYSBURG BULLARD BARSTOW SHAW ALLUVIAL HERNDON SIERRA NEESFRUITTEAGUEVALENTINEWEST SHIELDS CLINTON McKINLEYCORNELIAMARKSBLYTHEBRAWLEYVAN NESSPALMGRANTLANDBRYANGARFIELDBULLARD OLIVE BELMONT ASHLAN DAKOTA GETTYSBURG CLINTON SHIELDS McKINLEY BARSTOW SHAW HERNDON SIERRA HAYESPOLKTEMPERANCEJENSEN CALIFORNIA BUTLER CHURCH KINGS CANYON TULARE CEDARWESTHUGHESMARKSFIGWALNUTFRUITEASTELMCHERRYORANGEMAPLEWILLOWMINNEWAWAPEACHCLOVISSUNNYSIDEFOWLERARMSTRONGNORTH ANNADALE JENSEN KEARNEY CHURCH CALIFORNIA NIELSEN WHITES BRIDGE TEMPERANCEARMSTRONGSUNNYSIDEFOWLERMUSCAT MALAGA AMERICANGRANTLANDHAYESBRYANBLYTHEBRAWLEYVALENTINECHATEAUFRESNO LOCANHAYESGRANTLANDCHATEAUFRESNODE WOLFLEONARDHIGHLANDCENTRAL PROJECT SITE Project ID: PW00663 Council District: 3 PROPOSED VACATION OF PORTIONS OF PARKWAY DRIVE AND MARKS AVEN 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP LEGEND City Limits District 3 EXHIBIT "A1" Legal Description Proposed Street Vacation - a portion of N. Parkway Dr. Page 1 of 2 That portion of North Parkway Drive in Section 25, Township 13 South, Range 19 East, Mount Diablo Meridian and Base Line, more particularly described as follows: COMMENCING at the Northeast corner of said Section 25, said corner being found as a 4-inch iron pipe filled with concrete, per Corner Record No. 2438, filed in the Fresno County Surveyor's Office; THENCE (1) along the North line of the Northeast quarter of said Section 25, North 89°42'54" West, 657.06 feet to the southwesterly right-of-way boundary of State Route 99; THENCE along said southwesterly right-of-way boundary, the following courses: (2)South 41 °03'36" East, 121.22 feet; (3) South 14°43'56" East, 12. 79 feet; (4) South 22°53'37" East, 92.70 feet to the northeasterly right-of-way line of North Parkway Drive; THENCE (5) along said northeasterly right-of-way line, South 22°53'37" East, 38.25 feet to the TRUE POINT OF BEGINNING; THENCE (6) continuing South 22 °53'37" East, 252.35 feet to the beginning of a non­ tangent curve concave northeasterly, to which a .radial line bears South 54°19'48" West, having a radius of 769.95 feet and a central angle of 06 °10'11"; THENCE (7) southeasterly along said curve, an arc distance of 82.91 feet; THENCE (8) North 43°09'56" West, 26.31 feet to the beginning of a tangent curve concave southwesterly, having a radius of 847.50 feet and a central angle of 15°55'46"; THENCE (9) northwesterly along last said curve, an arc distance of 235.62 feet; THENCE (10) North 59°05'42" West, 27.78 feet; THENCE (11) North 14°05'37" West, 17.71 feet; THENCE (12) North 30°54'19" East, 40.33 feet to the beginning of a tangent curve concave southeasterly, having a radius of 42.00 feet and a central angle of 42°26'36"; THENCE (13) northeasterly along last said curve, an arc distance of 31.11 feet to the beginning of a reverse curve concave northwesterly, having a radius of 48.00 feet and a central angle of 73°08'01 "; EXHIBIT "A1" Legal Description Proposed Street Vacation - a portion of N. Parkway Dr. Page 2 of 2 THENCE (14) northeasterly along last said curve, an arc distance of 61.27 feet to the TRUE POINT OF BEGINNING Containing 0.35 acre, more or less. The bearings and distances used in this description are on the California Coordinate System of 1983, Epoch 2007, Zone 4. Divide distances by 0.99993543 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date February 2, 2017 CITY OF FRESNO DATA TABLE NO, RADIUS DELTA/BEARING LEN/DIST L1 N 43°09'56" w 26.31 L2 N 59°05'42" w 27. 78 L3 N 14 °05'37" W 17. 71L4 N 30 °54'19" E 40.33 R1 s 54 °19'48"w C1 42.00 42 °26'36" 31.11 C2 48.00 73°08'01" 61 .27 C3 769.95 6 °10'11" 82.91 C4 769.95 7 °41 '48" 103.43 SECTION 24 ..LL.LL ..LL.LL ..LL.LL ..LL.LL ..LL.LL ..LL.LL EXHIBIT B1 T.13 S., R. 20 E., M.D. M. '-..'-.. SECTION/,, SECTION 30 ' 19 / SE COR SEC 24 13/19SCOTT McCAY MON. CONC FILL 4" PIPE CR #2438 FCR ..LL.LL ..LL.LL ..LL.LL ..LL.LL ..LL.LL ..LL.LL ..LL.LL UNION PACIFIC RAILROAD NO SCALE ..LL.LL ..L , , ; , , , , , , , , , ; , , , , , , , , , ; , , 7L , , ; , , , , , , , f,� ?,� Vi'i t ,q ; N?n , , , , ; , , , , , , , , , ; , , �:s., ,., / T. 13 S., R. 19 E., M. D. M. 1/, I). 0 'oOJ / SECTION 25 STATE HIGHWAY 99 11111111111111 N MARKS AVE INDICATES AREA PROPOSED TO BE VACATED (15322 S.F.) ACCESS PROHIBITED Coordinates and bearings ore on CCS 1983(2007) Zone 4. Distances and stationing ore grid distances. Divide by 0.99993543 to obtain ground distances. Al I distances ore in feet unless otherwise noted. EXHIBIT"A2" Legal Description Proposed Street Vacation - a portion of N. Parkway Dr. Page 1 of 1 That portion of North Parkway Drive in Section 30, Township 13 South, Range 20 East, Mount Diablo Meridian and Base Line, more particularly described as follows: COMMENCING at the South quarter-section corner of said Section 30, said corner marked by a 5/8" rebar tagged "RCE 12739" per Corner Record No. 1189 filed in the Fresno County Surveyor's Office; THENCE (1) along the South line of the Southwest quarter of said Section 30, North 89 °34'31" West, 627.07 feet; THENCE (2) North 00°25'29" East, 1389.04 feet to a point on the West line of Lot 36 of Highway Heights, according to the map thereof recorded in Book 9, Page 38 of Record of Surveys, Fresno County Records; THENCE (3) along said West line and its northerly prolongation, North 00°33'52" East, 180.43 feet to the TRUE POINT OF BEGINNING; THENCE (4) continuing North 00°33'52" East, 116.85 feet to the southwesterly right-of-way boundary of existing State Route 99; THENCE along said southwesterly right-of-way boundary, the following courses: (5)South 39°37'00" East, 164.96 feet; (6) South 31 °36'26" East, 27 4.65 feet to the beginning of a non-tangent curve concave southwesterly, to which a radial bears North 58 °23'34" East, having a radius of 132.00 feet and a central angle of 58°01 '23"; THENCE (7) northwesterly along said curve, an arc distance of 133.68 feet to a point of tangency; THENCE (8) North 89°37'49" West, 46.50 feet to the southwesterly right-of-way line of North Parkway Drive; THENCE (9) along last said southwesterly right-of-way line, North 26°59'38" West, 203.16 feet to the TRUE POINT OF BEGINNING. Containing 0.61 acre, more or less. The bearings and distances used in this description are on the California Coordinate System of 1983, Epoch 2007, Zone 4. Divide distances by 0.99993543 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature � f, � rofessional Land Surveyor Date April 6, 2017 ROEDJNG'S VJLLJ\ COLONY rll<DJ 2; PG /I 3-r OF �" J i:::I l ]7 N00°33'52"E 35.55 N 0 N -"' a, z 0 0 0 l,J l,J tn "?. rri l]1J.ELDON LLl }-, }-, LLl >-, -<r:: Lt.., -<r:: ...:_1 30.00 30.00 S 89°37'49" E Coordinates and bearings are on CCS 1 983( 2007) Zone 4. Distances and stationing are grid distances. Divide by 0.99993543 to obtain ground distances. Al I distances are in feet unless otherwise noted. � INDICATES AREA PROPOSED TO BE VACATED (26440 S.F .) I -"' l,J z 0 0 l,J l,J tn fTl EXHIBIT B2 OF FRESNO T.13 S., R. 20 E., M. D. M. SECTION 30 3b S) S) N89 °37'49"W V 0 a, <Xl I") 93.99 J\V.E S 89°37'49" E 127 .33 845.05 LOT 35 HIGHWAY HF" l G}-rf s r-11< DI 9 PG 38 COR. SEC. 30 FND 5/8 " rebar w tag RCE 12739 II I I I I I ACCESS PROHIBITED PER C ":::J_ NO 1189 ________ a.;.N8""9'-0-"'-34' _3 __ 1 __ "w _____________ 627 .07 1 /4 SEC. LINE tn fTl EXHIBIT "A3" Legal Description Proposed Street Vacation - a portion of N. Marks Ave. Page 1 of 2 That portion of North Marks Avenue in Section 25, Township 13 South, Range 19 East, Mount Diablo Meridian and Base Line, and in Section 30, Township 13 South, Range 20 East, Mount Diablo Meridian and Base Line, more particularly described as follows: COMMENCING at the Northeast corner of said Section 25, said corner being found as a 4- inch iron pipe filled in concrete, per Corner Record No. 2438, filed in the Fresno County Surveyor's Office; THENCE (1) along the East line of the Northeast quarter of said Section 25, South 00°17'11" West, 7 46.66 feet; THENCE (2) North 41 °03'27" West, 43.39 feet to the northwesterly line of the land described in a deed to Central Valley R.V. Outlet, L.L.C., a California Limited Liability Company, recorded November 13, 2009 as Document No. 2009-0156466, Official Records of Fresno County; THENCE (3) along said northwesterly line, South 49°22'24" West, 2.08 feet to a point on the West line of the land described in said deed, said point being the TRUE POINT OF BEGINNING; THENCE (4) along said West line, South 00 °16'23" West, 195.97 feet to a point on the southerly boundary of the land described in said deed, last said point being the beginning of a non-tangent curve concave westerly, to which a radial line bears North 61 °34'15" East, having a radius of 655.00 feet and a central angle of 14 °30'04"; THENCE (5) along said southerly boundary, southerly along said curve, an arc distance of 165. 77 feet to the West line of Lot 108 of Roeding's Villa Colony, according to the map thereof recorded in Book 2, Page 43 of Record of Surveys, Fresno County Records; THENCE (6) along last said West line, South 00 °17'21" West, 60.24 feet to the beginning of a non-tangent curve concave southwesterly, to which a radial line bears North 78°23'36" East, having a radius of 847.50 feet and a central angle of 31 °33'31"; THENCE (7) northwesterly along said curve, an arc distance of 466.80 feet to a point of tangency; THENCE (8) North 43°09'56" West, 78.46 feet to the southwesterly line of the land described in a deed to the State of California, recorded February 28, 2014 as Document No. 2014- 0024555, Official Records of Fresno County; THENCE (9) along said southwesterly line, South 43 °13'56" East, 153.82 feet to the South line of the land described in last said deed; THENCE (10) along said South line, South 89 °43'38" East, 38.21 feet to the southeasterly line of the land described in last said deed; EXHIBIT "A3" Legal Description Proposed Street Vacation - a portion of N. Marks Ave. Page 2 of 2 THENCE (11) along said southeasterly line, North 48°35'06" East, 84.85 feet to the TRUE POINT OF BEGINNING. Containing 0.29 acre, more or less. The bearings and distances used in this description are on the California Coordinate System of 1983, Epoch 2007, Zone 4. Divide distances by 0.99993543 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature � f;_, �A Pfesslonal Land Surveyor Date May 1, 2017 CITY OF FRESNO Coordinotes and bearings are on CCS 1983(2007) Zone 4. Distances and stationing are grid distances. Divide by 0.99993543 to obtain ground distances. Al I distances are in feet unless otherwise noted. INDICATES AREA PROPOSED TO BE VACATED (0.29 AC.) 1111111 ACCESS PROHIBITED U)_ M 0 � 1---l 0 z l\J C)l - EXHIBIT B3 z ::0 II f/ i0 < )>, :::::J X CJ) r CD :r l'l l-tJ CJ) 0 0 z z l'l 0 --:. 0 :::::J DEED TO STATE OF CALIFORNIA, RECORDED 2/28/14, AS DOCUMENT ... 0 0 t,J "' ""'! ::e No. 2014-0024555, � O.R.F.C. � 00 <D VI ::0 r--< ::0 McKAY MON NE CORNER SEC 25 T.13, R.19 E PER CR #2438 0 0 t,J "' ""'! rr, ID %w "" w '--..:::a-DEED TO CENTRAL VALLEY UJ. ·---.fiJ ,,,, e,.,' 7. l .5" j O<iio/·- WEST LINE OF LOT 108 REODING'S VILLA COLONY BK. 2, PG. 43 OF RS T.13 SECTION S., R. 20 z ... 0 0 t,J "' .... ::e N 0 <D 0 N 30 R.V. OUTLET L.L.C., RECORDED NOVEMBER 1 3, 2009, AS DOCUMENTNo. 2009-0156466, OFFICIALRECORDS OF FRESNOCOUNTY . NO SCALE E., M. D. M. -...[} -...[} City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-11 Agenda Date:1/5/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering ANITA LUERA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve the Fourth Amendment to the professional consultant services agreement with Carollo Engineers, Inc., to expand the scope of services and increase the contract amount by $111,810 for a total fee not to exceed $1,101,141 (Council District 3). RECOMMENDATIONS Staff recommends that City Council approve the Fourth Amendment to the professional consultant services agreement (Agreement) with Carollo Engineers, Inc., (Consultant), increasing the contract amount by $111,810, for a total fee not to exceed $1,101,141, to modify the Arsenic and Manganese Groundwater Compliance Assessment Report (As/Mn Report) in accordance with changes required by the Central Valley Regional Water Quality Control Board (Regional Board), evaluate water quality data relevant to the As/Mn Assessment, and prepare the first Annual Monitoring Report which is due to the Regional Board on February 1, 2023; and authorize the Director of Public Utilities, or designee, to sign the Fourth Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Wastewater Management Division operates the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste Discharge Requirements Order R5-2018- 0080 (WDR) which is administered by the Regional Board. To remain in compliance with the requirements, the City entered into an Agreement with the Consultant to prepare various workplans and reports following the schedule established by the WDR. The Fourth Amendment to the Agreement will expand the scope of services to allow for (1) modification of the As/Mn Report in accordance with changes required by the Regional Board; (2) evaluation of water quality data relevant to the Arsenic and Manganese Groundwater Compliance Assessment (As/Mn Assessment) to determine if the newly constructed monitoring wells fulfill their intended purpose and also to (3) identify any impact the RWRF may have on nearby domestic wells; and (4) the preparation of the first Annual Monitoring Report which is due to the Regional Board on February 1, 2023. Failure to submit the Annual Monitoring Report and meet the deadline established by the Regional Board will result in City of Fresno Printed on 1/13/2023Page 1 of 3 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent File #:ID 23-11 Agenda Date:1/5/2023 Agenda #:1.-J. the Annual Monitoring Report and meet the deadline established by the Regional Board will result in a non-compliance status of the RWRF. The Fourth Amendment will increase the total contract amount by $111,810 for a total fee not to exceed $1,101,141. BACKGROUND The Wastewater Management Division operates the RWRF in accordance with the WDR which is administered by the Regional Board. The WDR is the regulatory document that establishes limits on final effluent discharges from the RWRF and on the receiving groundwater. Provision J of the WDR provides a schedule for a series of workplans and reports to be completed by the City in order to remain in compliance with the requirements. On May 21, 2019, the City entered into a $250,000 Agreement with the Consultant to prepare workplans for evaluation of the existing groundwater monitoring well network and an arsenic and manganese assessment at the RWRF (Workplans) as required by the WDR. As part of this effort, the Regional Board further required that the City conduct arsenic and manganese water quality sampling of domestic and agricultural wells in the vicinity of the RWRF. As such, on October 25, 2019, City Council approved the First Amendment to the Agreement in the amount of $49,287 to expand the scope of services. On April 9, 2020, City Council approved the Second Amendment to increase the total fee by $690,044 and extend the Agreement term to October 29, 2021. The Second Amendment expanded the scope of services to include support during implementation of the As/Mn Assessment in accordance with the approved Workplans as well as completion of the As/Mn Report as required by the WDR. Also in accordance with the approved Workplans, the City began construction of additional wells within the existing groundwater monitoring well network to improve monitoring capabilities in the vicinity of the RWRF. On October 14, 2021, City Council approved the Third Amendment to the Agreement, expanding the scope of services to include Consultant support during construction of the monitoring wells and review of groundwater data collected from the new wells and other wells. The Third Amendment utilized the remaining funds in the Agreement and extended the term to December 31, 2023. The Regional Board has reviewed the submitted As/Mn Report and has required that modifications be made to the information provided. A Fourth Amendment will be necessary to capture the additional effort required by the Consultant to modify the As/Mn Report and will further expand the scope of services to allow for the evaluation of water quality data relevant to the As/Mn Assessment to determine if the newly constructed monitoring wells fulfill their intended purpose and also to identify any impact the RWRF may have on nearby domestic wells. The Fourth Amendment will additionally allow for the preparation of the first Annual Monitoring Report, which is due on February 1, 2023, to inform the Regional Board of the RWRF’s performance and conformance data. Failure to submit the Annual Monitoring Report and to meet the deadlines established by the Regional Board will result in a non-compliance status of the RWRF. The Fourth Amendment to the Agreement will increase the total contract amount by $111,810 for a total fee not to exceed $1,101,141. The City Attorney’s Office has reviewed the Fourth Amendment and approved as to form. Upon approval by the City Council, the Fourth Amendment will be City of Fresno Printed on 1/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-11 Agenda Date:1/5/2023 Agenda #:1.-J. executed by the Director of Public Utilities or designee. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), this is not a “project” for the purpose of CEQA, as this is an organizational or administrative action of the government to enforce an existing obligation and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing consultant services agreement. FISCAL IMPACT There is no impact to the General Fund. Funding for the Agreement is included in the Wastewater Management Division’s Operations and Maintenance budget within the Wastewater Enterprise Fund 40501. No additional appropriations are necessary. The RWRF is located in Council District 3, however, the benefit of the services described is citywide. Attachments: Attachment 1 - Fourth Amendment to Agreement Attachment 2 - Third Amendment to Agreement Attachment 3 - Second Amendment to Agreement Attachment 4 - First Amendment to Agreement Attachment 5 - Original Agreement City of Fresno Printed on 1/13/2023Page 3 of 3 powered by Legistar™ 1 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT (Fourth Amendment) made and entered into as of this _____ day of ____________ 2022, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant). RECITALS WHEREAS, the City’s Wastewater Management Division operates the Fresno- Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste Discharge Requirements (WDR) Order R5-2018-0080 adopted by the Central Valley Regional Water Quality Control Board (Board) on December 13, 2018; and WHEREAS, City and Consultant entered into an agreement on May 21, 2019, (Agreement) to provide professional consulting services for the preparation of workplans for the evaluation of the existing groundwater monitoring network and an arsenic and manganese assessment at the RWRF (Workplans) as required by the WDR for a total fee of $250,000; and WHEREAS, the First Amendment, made and entered into on October 25, 2019, expanded the scope of services to include an evaluation of domestic wells located in the vicinity of the RWRF in preparation of the Workplans and as required by the Board, and provided an increase in the amount of $49,287 for a total fee of $299,287; and WHEREAS, the Second Amendment, made and entered into on April 16, 2020, expanded the scope of services to include completion of the Arsenic and Manganese Groundwater Compliance Assessment Report (As/Mn Report) as required by the WDR and in accordance with the approved Workplans, provided an additional increase in the amount of $690,044 for a total fee of $989,331, and provided an extension to the Agreement; and WHEREAS, the Third Amendment, made and entered into on October 18, 2021, expanded the scope of services to include support for the construction of groundwater monitoring wells and review of groundwater data utilizing existing funds, and provided an extension to the Agreement; and WHEREAS, the Fourth Amendment will allow for continued support during implementation of the Arsenic and Manganese Groundwater Compliance Assessment in accordance with the Workplans, the As/Mn Report, and the Action Plan for Arsenic in Domestic Wells previously submitted to the Board; as well as preparation of the resulting technical report required by the WDR; and WHEREAS, the City and the Consultant desire to increase the compensation by $111,810 and expand the scope of services to include the required additional services; and WHEREAS, with entry into this Fourth Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals listed above are incorporated herein and made a part of this Fourth Amendment. DocuSign Envelope ID: 3CB38EE0-1C49-470F-BB6B-A6A46422C8B5 2 2. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A3 attached hereto and incorporated herein by reference. 3. Section 3(a) of the Agreement is amended to read as follows: “(a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Million, One Hundred and One Thousand, One Hundred, and Forty-One dollars ($1,101,141). Such fee includes all expenses incurred by Consultant in performance of the services.” 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant, dated May 21, 2019, and amended on October 25, 2019, April 16, 2020, and October 18, 2021, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 3CB38EE0-1C49-470F-BB6B-A6A46422C8B5 3 IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Brock D. Buche, PE, PLS Director of Public Utilities APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney By: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date CAROLLO ENGINEERS, INC., A Delaware corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit A3 DocuSign Envelope ID: 3CB38EE0-1C49-470F-BB6B-A6A46422C8B5 Paul Amico 12/5/2022 Vice President Michael Barnes 12/5/2022 Secretary 12/5/2022 Clerk Attesting Page 1 of 2 EXHIBIT A3 FOURTH AMENDMENT TO SCOPE OF SERVICES Consultant Service Agreement between the City of Fresno (“City”) and Carollo Engineers, Inc., (“Consultant”) WORKPLANS FOR THE GROUNDWATER MONITORING NETWORK AND ARSENIC & MANGANESE GROUNDWATER ASSESSMENT The Fourth Amendment expands the scope of work to include Task 14 to provide ongoing support during the implementation phase of the Arsenic and Manganese (As/Mn) Compliance Assessment. The Fourth Amendment allows for ongoing evaluation of monitoring data, analysis of compliance well data, evaluation of potential impacts to downgradient wells, preparation of relevant portions of the annual report for 2022, interactions with the Central Valley Regional Water Quality Control Board (Board), and ongoing project management. Task 14. As/Mn Compliance Implementation Support. 14.1. Ongoing Evaluation of Monitoring Data The City continues to collect groundwater monitoring data from the monitoring well network as well as the domestic and agricultural wells. This data must be evaluated periodically to determine potential impacts and trends. This task includes periodic review of groundwater data provided by the City through the 3rd quarter of 2023. For this evaluation, the data will be quality-checked by reviewing the sample collection records, field parameter data, and laboratory reports; any potential issues identified through this review process will be resolved before the data is approved for use. Once approved, the data will be added to the Fresno- Clovis Regional Wastewater Reclamation Facility (RWRF) Groundwater Data Information System. Once uploaded into the database, this data will be included in subsequent evaluations to support implementation of the As/MN Compliance Assessment. 14.2. Analysis of Point of Compliance (POC) Well Data The Waste Discharge Requirements (WDR) mandate the use of statistical data analysis methods specified in the U.S. Environmental Protection Agency’s 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance (Unified Guidance) for evaluating compliance with the Groundwater Limitations of the WDR. A detailed methodology for compliance evaluation was proposed in the As/Mn Compliance Assessment Report. Carollo Engineers, Inc. (Carollo) and Luhdorff and Scalmanini Consulting Engineers (LSCE) will implement this statistical analysis as compliance data become available. This task also includes review of compliance well construction and completion, sampling methods, and other factors to determine acceptance of the wells for use as points of compliance. 14.3. Impact Evaluation for Downgradient Wells The results of the ongoing domestic well sampling program will be used to identify domestic wells that may be impacted by RWRF operations. A thorough, in-depth evaluation will be completed for each of the wells preliminarily identified by initial screening as being potentially impacted by RWRF operations to determine if RWRF operations have resulted in the observed elevated concentrations of arsenic and/or manganese. Other factors to be included in this evaluation may include location of the well in relation to DocuSign Envelope ID: 3CB38EE0-1C49-470F-BB6B-A6A46422C8B5 Page 2 of 2 the RWRF (e.g., upgradient, downgradient, cross-gradient), distance from the RWRF disposal ponds, other land uses in the vicinity of the well, concentrations of other constituents in the samples, and other data and information deemed relevant. A key aspect of this analysis is to determine whether RWRF operations have, or could in the future, contribute to an exceedance of the maximum contaminant level for arsenic or manganese at one of these locations. 14.4. Annual As/Mn Groundwater Compliance Assessment Progress Report for 2022 The WDR requires the annual submission of a technical progress report for the As/Mn Compliance Assessment due on February 1 of each year. Carollo/LSCE will prepare the elements of the progress report related to evaluation of monitoring data for arsenic and manganese including available domestic and agricultural well data. 14.5. Respond to the Central Valley Regional Water Quality Control Board Comments It is expected that the Board will issue formal comments on the As/Mn Compliance Assessment Report, Action Plan for Arsenic in Domestic Wells, and Elevated Arsenic Levels in Domestic Wells Technical Memorandum. Therefore, effort has been included to address and respond to any comments from the Board. The Carollo/LSCE team will participate in meetings and discussions with the Board and prepare written responses or submittals in response to comments or questions from the Board as directed by the City. 14.6. Project Management Carollo’s project manager shall direct and coordinate the efforts of the project team members in order to deliver all of the components of the project. Project management includes: facilitation of meetings, work order administration, monthly progress reports, coordination with RWRF staff, and quality management. The project manager will make staffing assignments, review work progress, coordinate quality management procedures, manage subconsultants, and communicate monthly progress reports to the City. The project manager shall manage the budget, schedule, and invoicing. The project manager will prepare and maintain decision and action item logs that will record the decisions made by the City throughout the project as well as action items assigned to the Carollo/LSCE team and City team members. 14.7. Meetings with the Central Valley Regional Water Quality Control Board (2) Two meetings will be held with the Board. The first meeting will be scheduled to review the results of sampling results for domestic wells and to review Board comments on the Action Plan for Arsenic in Domestic Wells and the TM addressing Elevated Arsenic Levels in Domestic Wells. A second meeting will be to review initial sampling data from the compliance wells with the Board once those wells have been installed. 14.8. Team Meetings Progress meetings will be conducted with City staff. The progress meetings will be held as needed based on monitoring data, results for domestic wells, and Board feedback. DocuSign Envelope ID: 3CB38EE0-1C49-470F-BB6B-A6A46422C8B5 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and entered into as of this I frfh day of October 2021, amends the Agreement entered between the CITY OF FRESNO, a California municipal corporation (City), and CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant). RECITALS WHEREAS, the City's Wastewater Management Division operates the Fresno- Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste Discharge Requirements (WDR) Order RS-2018-0080 adopted by the Central Valley Regional Water Quality Control Board (Board) on December 13, 2018; and WHEREAS, City and Consultant entered into an agreement on May 21, 2019, (Agreement) to provide professional consulting services for the preparation of workplans for the evaluation of the existing groundwater monitoring well network and arsenic and manganese assessment at the RWRF (Workplans) as required by the WDR for a total fee of $250,000; and WHEREAS, the First Amendment, made and entered into on October 25, 2019, expanded the scope of services to include an evaluation of domestic wells located in the vicinity of the RWRF in preparation of the Workplans and as required by the Board, and provided an increase in the amount of $49,287 for a total fee of $299,287; and WHEREAS, the Second Amendment, made and entered into on April 16, 2020, expanded the scope of services to include completion of the Arsenic and Manganese Groundwater Compliance Assessment Report (Report) as required by the WDR and in accordance with the approved Workplans, provided an additional increase in the amount of $690,044 for a total fee of $989,331, and provided an extension to the Agreement; and WHEREAS, the City will be constructing groundwater monitoring wells in accordance with the approved Workplans and the Report, and desires that the Consultant provide ongoing support for construction of the wells and implementation of certain components of the WDR, the approved Workplans, and the Report; and WHEREAS, the City and the Consultant desire to expand the Scope of Services to include the ongoing support services, utilize remaining contract funds for said expanded services, and extend the term of the Agreement to December 31, 2023; and WHEREAS, with entry into this Third Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. 1 AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows : 1 . The recitals listed above are incorporated herein and made a part of this Third Amendment. 2. Exhibit A2 of the Agreement is removed in its entirety and is replaced with scope of services indicated in Exhibit A2.1 attached hereto and incorporated herein by reference. 3. Section 2 of the Agreement is amended in its entirety to read as follows : "2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2023, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in Exhibit A and any subsequent Amendments thereto are to commence upon City's issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 1685 consecutive calendar days from such authorization to proceed." 4. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated May 21, 2019, as amended on October 25, 2019 and April 16, 2020, remains in full force and effect. [Signatures follow on the next page.]. 2 IN WITNESS WHEREOF, the Parties have executed this Third Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By:~/~ Michael Cari?a}ai; Director Department of Public Utilities APPROVED AS TO FORM: DOUGLAS T. SLOAN City All~ nP By: rva Pauline Brickey Deputy City Attorney ATTEST: BRIANA PARRA, CMC Interim City lerk Attachment: Exhibit A2.1 3 CAROLLO ENGINEERS, INC., A Delaware corporation By: ~k02r Name: fu Wtttis Title: ¼io ✓ V1u-, ffajcb.J (If corporation or LLC ., Board Chair, Pres. or Vice Pres.) By: mid112t4 W. &v11D- Name: Mi chae l w, Barnes Title: f (If corporation or LL ., CFO., Treasurer, Secretary or Assistant Secretary EXHIBIT A2.1 THIRD AMENDMENT TO SCOPE OF SERVICES Consultant Service Agreement between the City of Fresno (City) and Carollo Engineers, Inc. (Consultant) WORKPLANS FOR THE GROUNDWATER MONITORING NETWORK AND ARSENIC & MANGANESE GROUNDWATER ASSESSMENT Under the original Agreement, Carollo Engineers, Inc. (Carollo), in association with Luhdorff & Scalmanini, Consulting Engineers (LSCE), are authorized to provide professional engineering services to prepare Workplans for the Groundwater Monitoring Network and Arsenic (AS) and Manganese (Mn) Groundwater Assessment. Carollo/LSCE will deliver the following services to Fresno/Clovis Regional Wastewater Reclamation Facility (RWRF) under the terms of Professional Engineering Services for the Fresno/Clovis Regional Wastewater Reclamation Facility Workplans for the Groundwater Monitoring Network and Arsenic and Manganese Groundwater Assessment. The initial scope of work (Tasks 1-5) includes services for Carollo/LSCE to complete two workplans that are required by the Waste Discharge Requirements (WDR) for the RWRF. The first workplan (As/Mn Workplan) establishes the activities and tasks to be conducted to evaluate the impact of As and Mn beneath and downgradient of the RWRF. The second workplan establishes the activities and tasks to be conducted to evaluate the current groundwater monitoring network and its adequacy to characterize the influence on groundwater quality (including arsenic and manganese concentrations) in the vicinity of the RWRF. Amendment No. 1 expands the scope of work to include a sampling program for one round of sampling of domestic and agricultural wells in the vicinity of the RWRF. The water quality results will be evaluated and used to inform the As/Mn Workplan, and also to support the City's upcoming Initial Assessment for Nitrates, anticipated to begin around the year 2020-2021. The sampling program is covered in Task 6 (Domestic/Agricultural Well Sampling Project). Amendment No. 2 expands the scope of work to include completion of the Arsenic and Manganese Groundwater Compliance Assessment (As/Mn Assessment), using data collected and evaluated through the work accomplished in Tasks 1-6. The WDR requires the City to complete and submit the As/Mn Assessment Report no later than June 7, 2021. The scope of work for the As/Mn Assessment and associated schedule have been developed to meet this deadline. Amendment No. 3 expands the scope of work to include ongoing support for construction of the groundwater monitoring wells the City will be constructing in according with the Workplans and as approved by the Regional Board. Amendment 3 will also allow for ongoing review of groundwater data collected from the new monitoring wells and other wells as it becomes available. The As/Mn Assessment is covered under Tasks 7-13 in this Scope of Work. The As/Mn Assessment, the As/Mn Workplan, and the Domestic/Agricultural Well Sampling Project are all intertwined, and the work developed in prior Tasks 1-6 inform and provide the foundation for the As/Mn Assessment. Coordinating the work in Tasks 1-6 with the As/Mn Assessment tasks will be critical to meeting the submission deadline for the As/Mn Assessment. Page 1 of 12 PURPOSE Consultant to complete an As/Mn Assessment in accordance with the approved As/Mn Workplan submitted in December 2019. The Scope of Work assumes the As/Mn Workplan will be approved by the Regional Board by December 31, 2019. The Scope includes all elements associated with Tasks ii. and iii. of Provision J.1.a. of the WDR. Task Description Due Date ii . Arsenic and Manganese Groundwater Compliance Assessment Report No later than 1/une 7, 2021 Submit the final Arsenic and Manganese Groundwater Compliance Assessment Report in accordance with the approved Workplan submitted pursuant to Task i of Provision J.l.a. If it is determined through the assessment that elevated arsenic and manganese concentrations have or threaten to impact downgradient domestic wells, the Report shall propose corrective actions (e.g., supplying drinking water to the user(s) of the impacted wells). iii . 'Annually, submit a technical report that includes: February 1, l} An update on the preparation/implementation of the Arsenic and l2021 Manganese Groundwater Compliance Assessment Report, 2) An analysis of the groundwater quality for arsenic and manganese, and an evaluation whether the arsenic and manganese concentrations at the approved compliance wells are below the applicable arsenic and manganese groundwater limits. CONSULTANT'S SERVICES The approach to the Groundwater Compliance Assessment is summarized in the workflow diagram shown in Figure 1. The approach comprises three separate, but concurrent, workflows: (1) expansion of the monitoring well network as recommended in the Monitoring Well Network Evaluation and Well Installation Workplan (Tier 1), (2) development and application of numerical flow, transport and reactive transport models for assessing future groundwater quality conditions and determining appropriate locations for the points of compliance, and (3) sampling of domestic and agricultural wells and identification of impacted downgradient users. Tier 1 expansion of the monitoring well network will be implemented concurrently with the proposed compliance assessment; however, monitoring results from newly installed wells may not be available for inclusion in the assessment. The domestic and agricultural well sampling workflow includes the following major tasks: • Evaluate Results of Phase 1 Domestic and Agricultural Well Sampling. • Coordinate with the City on the implementation of Phase 2 Domestic and Agricultural Well Sampling. • Evaluate Results of Phase 2 Domestic and Agricultural Well Sampling. • Determine Impacted Domestic Wells. • Determine/Propose Corrective Actions. The numerical modeling and compliance assessment workflow includes the following major tasks : Page 2 of 12 • Develop Numerical Flow and Transport Models. • Use Models to Assess Future Conditions. • Re-evaluate Monitoring Well Network. • Identify Points of Compliance. • Provide Recommendations for Tier 2 Monitoring Well Network. At the conclusion of all three workflows, the Compliance Assessment will be documented in an Arsenic and Manganese Groundwater Compliance Assessment Report. Each of the tasks listed above for the Domestic and Agricultural Well Sampling Workflow and Modeling and Compliance Assessment Workflow is described in greater detail below. The City will be solely responsible for implementing the expansion of the monitoring well network as recommended in the Monitoring Well Network Evaluation and Well Installation Workplan; no tasks related to this workflow are included in the following scope. Task 7. Evaluate Results of Domestic and Agricultural Well Sampling. 7 .1. Phase 1 Sampling For Phase 1 of the Domestic and Agricultural well survey, the City collected samples from a smaller number of domestic and agricultural wells that were either located closer to the RWRF and /or were included in the previous 2003 well survey and that the well owner had granted permission to sample in the response to the questionnaire or in a door-to-door interview. The City began collecting samples from these wells in October 2019, but sample results were not available in time to be fully incorporated into the evaluations presented in the As/Mn Workplan. Therefore, the first task in Phase 2 will be to further evaluate these sampling results and add the data into the evaluations for further use in Phase 2. For this evaluation, the data will be quality-checked by reviewing the sample collection records, field parameter data, and laboratory reports; any potential issues identified through this review process will be resolved before the data are approved for use. Once approved, the data will be added to the Fresno RWRF Groundwater Data Information System. Once uploaded in to the database, this data will be included in the development of the numerical flow and transport models. Arsenic speciation and isotope data will be included in this evaluation. 7 .2. Phase 2 Sampling Collection of samples from the Phase 2 group of domestic and agricultural wells will begin as soon as possible after the start of the project. During the Administrative process leading up to the start of the Phase 2 Assessment, the City will continue outreach efforts started in Phase 1 to obtain permission to sample from additional well owners identified in Phase 1. Results from Phase 2 sampling of domestic and agricultural wells will be evaluated and incorporated into the evaluations presented in the As/Mn Compliance Assessment. To minimize potential re-work, this evaluation process will not begin until results are received from all of the Phase 2 wells. Just as for the Phase 1 sampling results, the data collected in Phase 2 will be quality-checked by reviewing the sample collection records, field parameter data, and laboratory reports; any potential Page 3 of 12 issues identified through this review process will be resolved before the data are approved for use. Once approved, the data will be added to the Fresno RWRF Groundwater Data Information System. 7 .3. Determine Impacted Domestic Wells The results of both phases of the domestic well sampling program will be used to identify domestic wells that may be impacted by RWRF operations. A thorough, in-depth evaluation will be completed for each of the wells preliminarily identified by initial screening as being potentially impacted by RWRF operations to determine if RWRF operations have resulted in the observed elevated concentrations of arsenic and/or manganese. Other factors to be included in this evaluation may include location of the well in relation to the RWRF (e.g., upgradient, downgradient, cross-gradient), distance from the RWRF disposal ponds, other land uses in the vicinity of the well, concentrations of other constituents in the samples, and other data and information deemed relevant. A key aspect of this analysis is to determine whether RWRF operations have, or could in the future, contribute to an exceedance of the MCL for arsenic or manganese at one of these locations. Task 7 Deliverables: • Updated databases of groundwater monitoring data and geospatial features. • Constituent maps showing domestic and agriculture well results. • Map of impacted domestic wells. Task 8. Determine/Propose Corrective Actions This task assumes there will be at least one domestic well tapping groundwater under the influence of the RWRF with arsenic or manganese concentrations exceeding the applicable MCL. If it is found in Task 7.3 that no domestic wells are impacted by RWRF operations, this task would be eliminated. Carollo/LSCE will develop a plan that identifies specific activities, and a schedule for implementing those activities, that will be undertaken to ensure immediate access to safe drinking water for those who are dependent on wells that provide groundwater with arsenic or manganese exceeding the applicable MCL. Development of the plan will include the following tasks: a.) Identification of Potentially Affected Groundwater Users and Outreach. Provide process to identify affected residents and the outreach utilized to ensure that impacted groundwater users are informed of and given the opportunity to participate in the development of proposed solutions b.) Actions and Schedule of Implementation. Propose specific actions and a schedule of implementation to address the immediate drinking water needs of those affected groundwater users that do not otherwise have interim replacement water that meets drinking water standards c.) Preparation of Plan Report. The Corrective Action Plan will be documented as a Technical Memorandum and will be included as a separate chapter within the overall Compliance Assessment Report Task 8 Deliverables: • Corrective Action Plan TM . Page 4 of 12 Task 9. Develop Numerical Flow and Transport Models Development and calibration of the numerical flow and transport models is the longest duration task of the Phase 2 assessment, and this task is critical for determining appropriate locations for the points of compliance. Therefore, this task (particularly flow model development} will begin immediately at the start of Phase 2 concurrent with evaluation of the Phase 1 domestic and agricultural well sampling results and implementation of Phase 2 sampling. The proposed level of effort for modeling has been developed in light of the recent information on water quality results for the domestic and ag well sampling and also the additional analytes for the monitoring wells at the RWRF. Some factors include: • Based on the first round of water quality sampling, the constituents of interest, for reactive transport in particular, are not widespread geographically. This will allow the modeling to focus more on a smaller area and reduces the number of reactive transport model input datasets needed, as well as reduces the post-processing and calibration of this aspect of the model. Recognizing that the water quality datasets are limited for most constituents outside of the facility, the assumed effort for analysis and interpolation through space and time for these constituents, e.g. carbonate system constituents, etc., has been reduced. Model development will be conducted in accordance with the process described in Section 8 of the As/Mn Workplan. Initial development of the flow and transport models will be based on available hydrogeologic and analytical data. Existing hydrogeologic information will be used to develop model hydraulic parameters. Additional data from the Phase 2 domestic and agricultural well sampling along with data from the RWRF monitoring network, including new analytes added in October 2019, will be incorporated into model development. New data will also be considered in the selection of important geochemical processes to be simulated in the chemical reaction network of the reactive transport model. 9.1 Flow Model Development and Calibration The numerical flow model will be established with appropriate initial and boundary conditions. The numerical flow model elements are provided below: a} Define the flow model extent to be larger than the As/Mn reactive transport model for future nitrate transport modeling b} Determine the grid spacing, model layering, simulation time, and temporal and spatial discretization c} Develop the three-dimensional distribution of the subsurface heterogeneity by assigning initial values of associated parameters (hydraulic conductivity, specific storage, and specific yield}. These parameters will be determined based on hydrogeologic conceptualization in the vicinity of the RWRF and will capture the heterogeneity encountered if] the subsurface as seen in well completion reports and lithology logs in the area d} Assign initial conditions of the hydraulic head at start of the model simulation time. Initial groundwater levels will be based on interpolated contour maps of groundwater elevation for each model layer Page 5 of 12 e) Assign boundary conditions along the model domain area f) Assign appropriate source and sink terms that can simulate hydrologic features (wells, pond, canals, and irrigated lands) that represent physical features within the study area where water enters and leaves the aquifer system g) Calibrate the flow model by adjusting hydraulic parameters, boundary conditions, and source/sink parameters to obtain a good match (within a reasonable range) between simulated and measured groundwater hydraulic heads h) Results of the calibrated flow model will be presented in different formats (tables, time-series plots, cross sections, and maps). The results include model fit descriptive statistics, water budgets, and groundwater levels in different vertical horizons and for different time scales. 9.2 Transport Model Development and Calibration The development and calibration of the numerical transport model will simulate the fate and transport of conservative constituents (TDS and chloride). This wil_l involve using the calibrated flow model flux output as described above and incorporating transport parameters and features. The numerical transport model elements are provided below: a) Define the transport model extent, which is same as the flow model domain b) Define the temporal discretization of the numerical transport model which will be finer than flow model temporal discretization c) Transport parameters (porosity, dispersivity, and effective diffusion coefficient) initial values will be assigned based on literature values considering soil class and constituent type. d) Assign initial conditions for TDS and chloride concentrations at the start of the model simulation time. e) Assign TDS and chloride concentrations to boundary conditions and sources with associated hydrologic features water fluxes f) Transport model calibration and sensitivity targets and calibration criteria will be developed, focusing on achieving a representative fit to measured TDS and chloride concentrations. Transport parameters such as porosity and dispersivity will be adjusted to improve the model fit. g) Post processing of the model runs and calculating model fit statistics will be used to evaluate and present model output and findings in the form of text, tables, time-series plots, and maps. 9.3 Reactive Transport Model Development and Calibration Similar to the approach for conservative constituents above, the development and calibration of the numerical reactive transport model will simulate the fate and transport of reactive constituents by adding the effect of chemical reactions in solute concentrations as sources or sinks in the governing equation. The numerical reactive transport model elements are provided below: a) A chemical reaction network (CRN) will be established and defined to understand the way that constituents react chemically in their environment. The most important chemical reaction simulated for this study is the redox reaction that controls the existence of arsenic and manganese in a solid or aqueous phase. The mineral forms of arsenic and manganese will be considered, and the reductive environment will be examined that leads to mobilization of arsenic and manganese in the model domain area. Acid/base reactions may be considered, given the existence of the carbonate system in the system (e.g., hydroxide, carbonate, and Page 6 of 12 bicarbonate). Reactive components and chemical reaction types will be defined in this stage. b) Define the reactive transport model extent, which is smaller than the flow model domain c) Define the temporal discretization of the numerical reactive transport model, which will be similar to or finer than temporal discretization for the transport model d) Assign initial conditions of reactive components' concentrations at the start of the model simulation time. e) Assign reactive components' concentrations to boundary conditions and sources with associated hydrologic features and water fluxes. f) Assign reactive transport parameters such as rate coefficients and other parameters of kinetic chemical reactions and the equilibrium constant of the chemical reaction values based on literature values g) Develop reactive transport model calibration and sensitivity targets and calibration criteria, with the focus on achieving a representative fit to measured water quality constituent concentrations and speciation data. Reactive transport parameters such as kinetic chemical reaction parameters will be adjusted to improve the model fit. Flow model parameters will be adjusted as necessary to achieve a better fit to measured constituents if necessary. h) Post processing of the model runs will be used to evaluate and present model output and findings in the form of text, tables, time-series plots, and maps. 9.4 Model Development Documentation The model development will be documented as a separate chapter within the overall Compliance Assessment Report. Task 9 Deliverables: Calibrated flow model. Calibrated transport model. Calibrated reactive transport model for arsenic and manganese. Model development chapter for the Draft Compliance Assessment Report. Task 10. Use Models to Assess Future Conditions The calibrated flow, transport, and reactive transport models for arsenic and manganese will be used to assess the effects of RWRF operations on arsenic and manganese distribution and transport in the study area. The models, along with groundwater quality results from RWRF monitoring and offsite domestic and agricultural well sampling, will inform proposed locations to meet point of compliance requirements and identify any domestic wells that might be potentially affected by arsenic and manganese contributions due to RWRF operations. The modeling tools will also be used to assess potential groundwater quality considerations (e.g., arsenic, manganese, and in the future other constituents) in relation to changed RWRF operations (increased volume of effluent discharged to percolation ponds, modifications to reclamation well pumping, etc.) The estimated level of effort for this task is also based on the same considerations noted for Task 9 with regard to the geographic extent of the transport model and the number of constituents to be included. 10.1 Evaluate and Process Rest1lts A sufficient number of scenarios will be developed to demonstrate arsenic and manganese behavior Page 7 of 12 under a plausible range potential RWRF operational practices. The focus of modeling will be to simulate conditions that are believed likely to occur rather than potential extremes in order to provide the most useful information for determining the points of compliance. 10.2 Evaluate and Process Results The results of each scenario will be processed to develop maps, charts, and tables of model output data that can be directly used to assess the locations for points of compliance. Specifically, the model output must provide an evaluation of horizontal and vertical extent of the elevated arsenic and manganese and potential impacts of elevated concentrations on downgradient beneficial uses. 10.3 Model Applications Documentation The model scenarios and processed results will be presented as a separate chapter within the overall Compliance Assessment Report. Task 10 Deliverables: Processed results of model scenarios. • Model application chapter for the Draft Compliance Assessment Report. Task 11. Tier 2 Monitoring Well Network Evaluation The City is implementing a two-tiered approach to the evaluation of the groundwater monitoring network for the RWRF. In Tier 1, documented in the Groundwater Monitoring Network and Well Installation Workplan, the City has completed an evaluation of the existing monitoring well network focused on meeting immediate monitoring needs identified by currently available data. Immediate needs addressed in Tier 1 include evaluating the need for replacement of wells that have gone dry, ensuring adequate monitoring upgradient and downgradient of all disposal ponds and surrounding restricted irrigation Use Areas, and filling of data gaps. The proposed new monitoring wells for Tier 1 are not specifically intended to demonstrate compliance with the groundwater limitations for arsenic and manganese. The Arsenic and Manganese Groundwater Compliance Assessment will propose the wells to be designated as points of compliance in the Tier 2 analysis of the monitoring well network along with the statistical methods to be employed in the determination of compliance. 11.1 Well Network Evaluation The Tier 2 evaluation of the monitoring well network will incorporate other, more complex considerations into the evaluation including fate and transport modeling of arsenic and manganese in groundwater and the results of both phases of domestic and agricultural well sampling. The primary goal of Tier 2 will be to identify monitoring locations to demonstrate compliance with the groundwater limitations for arsenic and manganese along with additional monitoring locations that may be needed to assess potential groundwater impacts attributable to RWRF operations and discharge. The Tier 2 monitoring network evaluation will incorporate the results of sampling of domestic and agricultural wells in the vicinity of the RWRF. The flow and reactive transport modeling will improve the Page 8 of 12 understanding of arsenic and manganese occurrence and movement in groundwater beneath and downgradient of the RWRF. This task will be completed concurrently with Task 10. 11.2. Identify Points of Compliance The estimated point of compliance will be determined through the use of reactive transport modeling of arsenic and manganese occurrence and movement along with the results of sampling of domestic and agricultural wells in the vicinity of the RWRF. In order to meet the requirement of Provision J.l.a. that the distances of the proposed compliance monitoring well locations from the RWRF are as small as practicable, it is anticipated that new monitoring wells will be needed to serve as the points of compliance for arsenic and manganese. These new wells may be located downgradient of the RWRF to the southwest in relation to the existing and proposed Tier 1 monitoring well network. The actual number and locations of compliance monitoring wells will be determined through this analysis. 11.3. Statistical methods for compliance. The WDR requires the use of statistical data analysis methods specified in the USEPA's 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance (Unified Guidance) for evaluating compliance with the Groundwater Limitations of the WDR. The Unified Guidance provides a number of options for statistical tests that can be applied for determining compliance. Therefore, the Arsenic and Manganese Groundwater Compliance Assessment will include a statistical analysis approach that will propose the statistical strategy and design details to be used for determining compliance with the groundwater limits for arsenic and manganese. The Unified Guidance recommends the use of the lower confidence limit as the appropriate statistic of interest in compliance testing. The statistical analysis approach will propose the use of parametric or non-parametric tests along with the method for calculation of lower confidence limits. 11.4. Recommendations for Tier 2 Monitoring Well Network Based on the outcomes of the Tier 2 evaluation of the monitoring well network and identified points of compliance, recommendations for the final groundwater monitoring network for arsenic and manganese compliance assessment will be developed. A map of the proposed monitoring well network will be prepared that shows the locations and depth zones of existing and proposed monitoring wells to be included in the network and the locations of new wells to be installed to meet monitoring objectives . 11.5. Ongoing Support The Carollo team will provide support for construction of the monitoring wells and review of new groundwater data collected from new monitoring wells and other wells. Deliverables: Map of Proposed Tier 2 Monitoring Network with Points of Compliance Designated • Statistical analysis approach for Compliance Assessment (draft to be included in Compliance Assessment Report) • Schedule for Completion of Work (schedule for installing monitoring wells as recommended by the As/Mn Assessment) Page 9 of 12 Task 12. Prepare As/Mn Groundwater Compliance Assessment Report Carollo/LSCE will prepare and submit a final report documenting the activities, findings, and recommendations of the Groundwater Compliance Assessment. A draft and final report will be prepared. The report shall be prepared using current versions of Microsoft Office and GIS software . Copies of the final report shall incorporate City staff comments from the reviewed draft report. 12.1 Annual As/Mn Groundwater Compliance Assessment Progress Report The WDR requires the annual submission of a technical progress report for the As/Mn Compliance Assessment with the first report due on February 1, 2021. Carollo/LSCE will prepare the first progress report incorporating data collected through the third quarter of 2020 including available domestic and agricultural well data. The progress report will include an update on the preparation of the As/Mn Compliance Assessment as required by Task iii. of Provision J.1.a. of the WDR. Given the June 7, 2021 deadline for the full As/Mn Compliance Assessment Report, the first Progress Report is planned to be brief and focused on summarizing the offsite domestic and agricultural well sampling with recent data collected from RWRF monitoring wells and providing a status update for the Compliance Assessment. 12.2 Draft As/Mn Groundwater Compliance Assessment Report Draft version of the As/Mn Compliance Assessment Report for City review . 12.3 Final As/Mn Groundwater Compliance Assessment Report Final version of the As/Mn Compliance Assessment Report for submittal to the RWQCB. 12.4 Respond to RWQCB Comments It is expected that a nominal effort may be needed to address and respond to any comments from the Board. Deliverables: • As/Mn Groundwater Compliance Assessment Annual Progress Report {PDF and 5 hard copies) • Draft As/Mn Groundwater Compliance Assessment Report {PDF) • Final As/Mn Groundwater Compliance Assessment Report {PDF and 5 hard copies) Task 13. Project Management and Meetings Carollo's project manager shall direct and coordinate the efforts of the project team members in order to deliver all of the components of the project. Project management includes facilitation of a Kick-Off Meeting, periodic meetings, work order administration, monthly progress reports, coordination with RWRF staff, and quality management. The project manager will make staffing assignments, review work progress, coordinate quality management procedures, manage subconsultants, and communicate monthly progress reports to the City. The project manager shall manage the budget, schedule, and invoicing. The project manager will prepare and maintain decision and action item logs that will record the decisions made by the City Page 10 of 12 throughout the project as well as action items assigned to the Carollo/LSCE team and City team members. 13.1 Project Kickoff Meeting Carollo/LSCE will facilitate a project Kick-off Meetir,ig with RWRF staff to review the Workplan requirements and develop the City's goals and objectives for the As/Mn Compliance Assessment. This will be a working meeting with participation from key RWRF staff to discuss the RWRF goals and objectives, preferences, key concerns and project constraints. Additionally, Carollo/LSCE will review the overall scope, schedule, and budget, and establish lines of communication between the Carollo/LSCE team and RWRF staff. Carollo/LSCE will provide an initial data request list and list of past studies and work to review. The list will be updated during the course of the project. Key members of the Carollo/LSCE team will attend the Kick-Off Meeting. 13.2 Meetings with RWQCB Two meetings will be held with the RWQCB . The first meeting will be scheduled to review the results of Phase 2 domestic and agricultural well sampling, determine impacted domestic wells, and discuss potential corrective actions. This meeting will also include a presentation of the approach to flow and transport modeling to introduce modeling concepts and to familiarize the Board with the modeling tools and processes (modeling code, flow/transport model setup and calibration, approach to reactive transport) built into the models. A second meeting will be to present the results of the flow and transport modeling and proposed points of compliance. 13.3 Progress meetings Four progress meetings will be conducted. The progress meetings will be held at key project milestones to present interim results and obtain City feedback/approval on key decisions. It is assumed that meetings will alternate between Webex and in-person meetings (two Webex/two in-person). PROJECT ASSUMPTIONS 1 . The City shall furnish Carollo available studies, reports, and other data pertinent to Carollo's services; obtain or authorize Carollo to obtain or provide additional reports and data as required; furnish to Carollo services of others required for the performance of Caroll o's services hereunder, and Carollo shall be entitled to use and rely upon all such information and services provided by the City or others in performing Carollo's services under this Amendment. 2. Carollo has no control over the cost of labor, materials, equipment, or services furnished by others, over the incoming water quality and/or quantity, or over the way City's plant and/or associated processes are operated and/or maintained. Data projections and estimates are based on Carollo's opinion based on experience and judgment . Carollo cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Carollo and Carollo will not be liable to and/or indemnify the City and/or any third party related to any inconsistencies between Carollo's data projections and estimates and actual Page 11 of 12 costs and/or quantities realized by the City and/or any third party in the future, except to the extent such inaccuracies are caused by Carollo's negligent performance under this Amendment. TIME OF PERFORMANCE The work will be completed to meet the required As/Mn Compliance Assessment submittal date of June 7, 2021. Estimated Project Delivery Schedule The preliminary schedule for completing the tasks is provided in the table below assuming Notice to Proceed is received on March 1, 2020. The schedule is driven by the WDR completion deadline of June 7, 2021. The schedule is contingent on timely participation by the RWQCB to review the workplan submitted by the City to the RWQCB on December 10, 2019. The workplan provides initial findings from Phase 1 and establishes the technical approach for this project. The schedule also assumes timely participation and prompt feedback by the RWQCB during the two proposed meetings (Task 13.2). Task Task 7. Evaluate Results of Domestic and Agricultural Well Sam,:,ling~- Task 8. Determine/Propose Corrective Actions Task 9. Develop Numerical Flow and Transport Models Task 10. Use Models to Assess Future Conditions Task 11. Tier 2 Monitoring Well Network Evaluation Task 12. Preparation of Compliance Assessment Report --- Task 13. Project Management and Meetings --- i I Task Duration (months) ,- i ' Cumulative Duration (months) I I I i 12 -l 9 i 12 i --1 Tentative Completion Date 3 9 3 4 6 15 14 ~----1-5 ===1---6/7 /2021 , _______ __.. _____ " ______ _, Page 12 of 12 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this lwtt1 day of April 2020, amends the Agreement theretofore entered between the CITY OF FRESNO, a California municipal corporation (City), and CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant). RECITALS WHEREAS, the City's Wastewater Management Division operates the Fresno­ Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste Discharge Requirements (WDR) Order RS-2018-0080 adopted by the Central Valley Regional Water Quality Control Board (Board) on December 13, 2018; and WHEREAS, the City and the Consultant entered into an agreement on May 21, 2019, (Agreement) to provide professional consulting services for the preparation of workplans for the evaluation of the existing groundwater monitoring well network and arsenic and manganese assessment at the RWRF (Project) as required by the WDR for a total fee of $250,000; and WHEREAS, the First Amendment expanded the scope of services to include evaluation of domestic wells located within the vicinity of the RWRF, including testing for nitrogen-based components as required by the Board and provided an increase to total compensation by an additional $49,287 to complete the expanded scope of services; and WHEREAS, the workplans completed by the Consultant were submitted to the Board for approval on December 9, 2019 in accordance with the WDR; and WHEREAS, the City and the Consultant desire to expand the scope of services to include completion of the Arsenic and Manganese Groundwater Compliance Assessment Report for submission to the Board no later than June 7, 2021, as per the WDR and in accordance with the approved workplans; and WHEREAS, the parties desire to modify the Agreement to revise the project schedule and extend the completion date; and WHEREAS, due to the need for additional services, the City and the Consultant desire to increase the compensation by $690,044 to complete the amended scope of services resulting in a total Consultant fee of $989,331; and WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. 1 AGREEMENT NOW, THE REFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services indicated in Exhibit A2, attached hereto and incorporated herein by reference. 2.Section 2 of the Agreement is amended in its entirety to read as follows: "2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or October 29, 2021, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in Exhibit A are to commence upon City's issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 900 consecutive calendar days from such authorization to proceed." 3.Section 3(a) of the Agreement is amended in its entirety to read as follows: "(a) Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Nine-Hundred Eighty-Nine Thousand Three-Hundred Thirty­ One dollars ($989,331). Such fee includes all expenses incurred by Consultant in performance of the services." 4. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated May 21, 2019, as amended on October 25, 2019, remain in full force and effect. [Signatures follow on the next page.] 2 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By��Michael Carajal,'recior Department of Public Utilities APPROVED AS TO FORM: DOUGLAS T. SLO City At ndon M. Collet Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk / By �y �t/1()2(; Date DeputyB� � Attachment: Exhibit A2 CAROLLO ENGINEERS, INC., A Delaware corporation ::mj�ilhl��� Penny� � Title: Senior Vice President Associate Vice President (If corporation or LLC., Board Chair, Pres. �Vice Pres.) .. By:_/_ V\ ____________ _ Name: Michael W. Barnes Title: Corporate Secretary 3 (If corporation or LLC., CFO., Tre asurer, Secretary or Ass istant Secretary EXHIBIT A2 SECOND AMENDMENT TO SCOPE OF SERVICES Consultant Service Agreement between the City of Fresno (City) and Carollo Engineers, Inc., (Consultant) WORKPLANS FOR THE GROUNDWATER MONITORING NETWORK AND ARSENIC & MANGANESE GROUNDWATER ASSESSMENT Under the original Agreement, Carollo Engineers, Inc. (Carollo), in association with Luhdorff & Scalmanini, Consulting Engineers (LSCE), are authorized to provide professional engineering services to prepare Workplans for the Groundwater Monitoring Network and Arsenic (AS) and Manganese (Mn) Groundwater Assessment. Carollo/LSCE will deliver the following services to Fresno/Clovis Regional Wastewater Reclamation Facility (RWRF) under the terms of Professional Engineering Services for the Fresno/Clovis Regional Wastewater Reclamation Facility Workplans for the Groundwater Monitoring Network and Arsenic and Manganese Groundwater Assessment. The initial scope of work (Tasks 1-5) includes services for Carollo/LSCE to complete two workplans that are required by the Waste Discharge Requirements (WDR) for the RWRF. The first workplan (As/Mn Workplan) establishes the activities and tasks to be conducted to evaluate the impact of As and Mn beneath and downgradient of the RWRF. The second workplan establishes the activities and tasks to be conducted to evaluate the current groundwater monitoring network and its adequacy to characterize the influence on groundwater quality (including arsenic and manganese concentrations) in the vicinity of the RWRF. Amendment No. 1 expands the scope of work to include a sampling program for one round of sampling of domestic and agricultural wells in the vicinity of the RWRF. The water quality results will be evaluated and used to inform the As/Mn Workplan, and also to support the City's upcoming Initial Assessment for Nitrates, anticipated to begin around the year 2020-2021. The sampling program is covered in Task 6 (Domestic/Agricultural Well Sampling Project). Amendment No. 2 expands the scope of work to include completion of the Arsenic and Manganese Groundwater Compliance Assessment (As/Mn Assessment), using data collected and evaluated through the work accomplished in Tasks 1-6. The WDR requires the City to complete and submit the As/Mn Assessment Report no later than June 7, 2021. The scope of work for the As/Mn Assessment and associated schedule have been developed to meet this deadline. The As/Mn Assessment is covered under Tasks 7-13 in this Scope of Work. The As/Mn Assessment, the As/Mn Workplan, and the Domestic/Agricultural Well Sampling Project are all intertwined, and the work developed in prior Tasks 1-6 inform and provide the foundation for the As/Mn Assessment. Coordinating the work in Tasks 1-6 with the As/Mn Assessment tasks will be critical to meeting the submission deadline for the As/Mn Assessment. PURPOSE Consultant to complete an As/Mn Assessment in accordance with the approved As/Mn Workplan submitted in December 2019. Phase 2 Final As Mn Compliance Assessment Scope of Work 20200117.docx Page 1 of 12 The Scope of Work assumes the As/Mn Workplan will be approved by the Regional Board by December 31, 2019. The Scope includes all elements associated with Tasks ii. and iii. of Provision J.1.a. of the WDR. Task Description Due Date ii. Arsenic and Manganese Groundwater Compliance Assessment Report No later than June 7, 2021 Submit the final Arsenic and Manganese Groundwater Compliance Assessment Report in accordance with the approved Workplan submitted pursuant to Task i of Provision J.1.a. If it is determined through the assessment that elevated arsenic and manganese concentrations have or threaten to impact downgradient domestic wells, the Report shall propose corrective actions (e.g., supplying drinking water to the user(s) of the impacted wells). iii. Annually, submit a technical report that includes: February 1, 1}An update on the preparation/implementation of the Arsenic and 2021 Manganese Groundwater Compliance Assessment Report, 2) An analysis of the groundwater quality for arsenic and manganese, and an evaluation whether the arsenic and manganese concentrations at the approved compliance wells are below the applicable arsenic and manganese groundwater limits. CONSULTANT'S SERVICES The approach to the Groundwater Compliance Assessment is summarized in the workflow diagram shown in Figure 1. The approach comprises three separate, but concurrent, workflows: (1) expansion of the monitoring well network as recommended in the Monitoring Well Network Evaluation and Well Installation Workplan (Tier 1), (2) development and application of numerical flow, transport and reactive transport models for assessing future groundwater quality conditions and determining appropriate locations for the points of compliance, and (3) sampling of domestic and agricultural wells and identification of impacted downgradient users. Tier 1 expansion of the monitoring well network will be implemented concurrently with the proposed compliance assessment; however, monitoring results from newly installed wells may not be available for inclusion in the assessment. The domestic and agricultural well sampling workflow includes the following major tasks: •Evaluate Results of Phase 1 Domestic and Agricultural Well Sampling. •Coordinate with the City on the implementation of Phase 2 Domestic and Agricultural Well Sampling. •Evaluate Results of Phase 2 Domestic and Agricultural Well Sampling. •Determine Impacted Domestic Wells. •Determine/Propose Corrective Actions. The numerical modeling and compliance assessment workflow includes the following major tasks: •Develop Numerical Flow and Transport Models. •Use Models to Assess Future Conditions. •Re-evaluate Monitoring Well Network. •Identify Points of Compliance. Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 2 of 12 •Provide Recommendations for Tier 2 Monitoring Well Network. At the conclusion of all three workflows, the Compliance Assessment will be documented in an Arsenic and Manganese Groundwater Compliance Assessment Report. Each of the tasks listed above for the Domestic and Agricultural Well Sampling Workflow and Modeling and Compliance Assessment Workflow is described in greater detail below. The City will be solely responsible for implementing the expansion of the monitoring well network as recommended in the Monitoring Well Network Evaluation and Well Installation Workplan; no tasks related to this workflow are included in the following scope. Task 7. Evaluate Results of Domestic and Agricultural Well Sampling. 7 .1. Phase 1 Sampling For Phase 1 of the Domestic and Agricultural well survey, the City collected samples from a smaller number of domestic and agricultural wells that were either located closer to the RWRF and /or were included in the previous 2003 well survey and that the well owner had granted permission to sample in the response to the questionnaire or in a door-to-door interview. The City began collecting samples from these wells in October 2019, but sample results were not available in time to be fully incorporated into the evaluations presented in the As/Mn Workplan. Therefore, the first task in Phase 2 will be to further evaluate these sampling results and add the data into the evaluations for further use in Phase 2. For this evaluation, the data will be quality-checked by reviewing the sample collection records, field parameter data, and laboratory reports; any potential issues identified through this review process will be resolved before the data are approved for use. Once approved, the data will be added to the Fresno RWRF Groundwater Data Information System. Once uploaded in to the database, this data will be included in the development of the numerical flow and transport models. Arsenic speciation and isotope data will be included in this evaluation. 7 .2. Phase 2 Sampling Collection of samples from the Phase 2 group of domestic and agricultural wells will begin as soon as possible after the start of the project. During the Administrative process leading up to the start of the Phase 2 Assessment, the City will continue outreach efforts started in Phase 1 to obtain permission to sample from additional well owners identified in Phase 1. Results from Phase 2 sampling of domestic and agricultural wells will be evaluated and incorporated into the evaluations presented in the As/Mn Compliance Assessment. To minimize potential re-work, this evaluation process will not begin until results are received from all of the Phase 2 wells. Just as for the Phase 1 sampling results, the data collected in Phase 2 will be quality-checked by reviewing the sample collection records, field parameter data, and laboratory reports; any potential issues identified through this review process will be resolved before the data are approved for use. Once approved, the data will be added to the Fresno RWRF Groundwater Data Information System. Phase 2 Final As Mn Compliance Assessment Scope of Work 20200117.docx Page 3 of 12 7.3. Determine Impacted Domestic Wells The results of both phases of the domestic well sampling program will be used to identify domestic wells that may be impacted by RWRF operations. A thorough, in-depth evaluation will be completed for each of the wells preliminarily identified by initial screening as being potentially impacted by RWRF operations to determine if RWRF operations have resulted in the observed elevated concentrations of arsenic and/or manganese. Other factors to be included in this evaluation may include location of the well in relation to the RWRF (e.g., upgradient, downgradient, cross-gradient), distance from the RWRF disposal ponds, other land uses in the vicinity of the well, concentrations of other constituents in the samples, and other data and information deemed relevant. A key aspect of this analysis is to determine whether RWRF operations have, or could in the future, contribute to an exceedance of the MCL for arsenic or manganese at one of these locations. Task 7 Deliverables: •Updated databases of groundwater monitoring data and geospatial features. •Constituent maps showing domestic and agriculture well results. •Map of impacted domestic wells. Task 8. Determine/Propose Corrective Actions This task assumes there will be at least one domestic well tapping groundwater under the influence of the RWRF with arsenic or manganese concentrations exceeding the applicable MCL. // it is found in Task 7.3 that no domestic wells are impacted by RWRF operations, this task would be eliminated. Carollo/LSCE will develop a plan that identifies specific activities, and a schedule for implementing those activities, that will be undertaken to ensure immediate access to safe drinking water for those who are dependent on wells that provide groundwater with arsenic or manganese exceeding the applicable MCL. Development of the plan will include the following tasks: a.) Identification of Potentially Affected Groundwater Users and Outreach. Provide process to identify affected residents and the outreach utilized to ensure that impacted groundwater users are informed of and given the opportunity to participate in the development of proposed solutions. b.) Actions and Schedule of Implementation. Propose specific actions and a schedule of implementation to address the immediate drinking water needs of those affected groundwater users that do not otherwise have interim replacement water that meets drinking water standards. c.) Preparation of Plan Report. The Corrective Action Plan will be documented as a Technical Memorandum and will be included as a separate chapter within the overall Compliance Assessment Report. Task 8 Deliverables: •Corrective Action Plan TM. Phase 2 Final As Mn Compliance Assessment Scope of Work 20200117.docx Page 4 of 12 Task 9. Develop Numerical Flow and Transport Models Development and calibration of the numerical flow and transport models is the longest duration task of the Phase 2 assessment, and this task is critical for determining appropriate locations for the points of compliance. Therefore, this task (particularly flow model development) will begin immediately at the start of Phase 2 concurrent with evaluation of the Phase 1 domestic and agricultural well sampling results and implementation of Phase 2 sampling. The proposed level of effort for modeling has been developed in light of the recent information on water quality results for the domestic and ag well sampling and also the additional analytes for the monitoring wells at the RWRF. Some factors include: •Based on the first round of water quality sampling, the constituents of interest, for reactive transport in particular, are not widespread geographically. This will allow the modeling to focus more on a smaller area and reduces the number of reactive transport model input datasets needed, as well as reduces the post-processing and calibration of this aspect of the model.• Recognizing that the water quality datasets are limited for most constituents outside of the facility, the assumed effort for analysis and interpolation through space and time for these constituents, e.g. carbonate system constituents, etc., has been reduced. Model development will be conducted in accordance with the process described in Section 8 of the As/Mn Workplan. Initial development of the flow and transport models will be based on available hydrogeologic and analytical data. Existing hydrogeologic information will be used to develop model hydraulic parameters. Additional data from the Phase 2 domestic and agricultural well sampling along with data from the RWR F monitoring network, including new analytes added in October 2019, will be incorporated into model development. New data will also be considered in the selection of important geochemical processes to be simulated in the chemical reaction network of the reactive transport model. 9.1 Flow Model Development and Calibration The numerical flow model will be established with appropriate initial and boundary conditions. The numerical flow model elements are provided below: a)Define the flow model extent to be larger than the As/Mn reactive transport model for future nitrate transport modeling b)Determine the grid spacing, model layering, simulation time, and temporal and spatial discretization c)Develop the three-dimensional distribution of the subsurface heterogeneity by assigning initial values of associated parameters (hydraulic conductivity, specific storage, and specific yield). These parameters will be determined based on hydrogeologic conceptualization in the vicinity of the RWRF and will capture the heterogeneity encountered in the subsurface as seen in well completion reports and lithology logs in the area. d)Assign initial conditions of the hydraulic head at start of the model simulation time. Initial groundwater levels will be based oi;i interpolated contour maps of groundwater elevation for each model layer. e)Assign boundary conditions along the model domain area f)Assign appropriate source and sink terms that can simulate hydrologic features (wells, pond, canals, and irrigated lands) that represent physical features within the study area where water Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 5 Of 12 enters and leaves the aquifer system. g)Calibrate the flow model by adjusting hydraulic parameters, boundary conditions, and source/sink parameters to obtain a good match (within a reasonable range) between simulated and measured groundwater hydraulic heads. h)Results of the calibrated flow model will be presented in different formats (tables, time-series plots, cross sections, and maps). The results include model fit descriptive sta tistics, water budgets, and groundwater levels in different vertical horizons and for different time scales. 9.2 Transport Model Development and Calibration The development and calibration of the numerical transport model will simulate the fate and tra nsport of conservative constituents (TDS and chloride). This will involve using the ca librated flow model flux output as described above and incorporating transport parameters and features. The numerical transport model elements are provided below: a)Define the transport model extent, which is same as the flow model domain b)Define the temporal discretization of the numerical transport model which will be finer than flow model temporal discretization c)Transport parameters (porosity, dispersivity, and effective diffusion coefficient) initial values will be assigned based on literature values considering soil class and constituent type. d)Assign initial conditions for TDS and chloride concentrations at the start of the model simulation time. e)Assign TDS and chloride concentrations to boundary conditions and sources with associated hydrologic features water fluxes f)Transport model ca libra tion and sensitivity targets and calibra tion criteria will be developed, focusing on achieving a representative fit to measured TDS and chloride concentrations. Transport parameters such as porosity and dispersivity will be adjusted to improve the model fit. g)Post processing of the model runs and calculating model fit statistics will be used to evaluate and present model output and findings in the form of text, ta bles, time-series plots, and maps. 9.3 Reactive Transport Model Development and Calibration Similar to the approach for conservative constituents above, the development and calibra tion of the numerical reactive transport model will simulate the fate and tra nsport of reactive constituents by adding the effect of chemical rea ctions in solute concentrations as sources or sinks in the governing equation. The numerical reactive transport model elements are provided below: a)A chemical reaction network (CRN) will be established and defined to understand the way that constituents react chemically in their environment. The most important chemical rea ction simulated for this study is the redox reaction that controls the existence of arsenic and manganese in a solid or aqueous phase. The mineral forms of arsenic and manganese will be considered, and the reductive environment will be exa mined that leads to mobilization of arsenic and manganese in the model domain area. Acid/base reactions may be considered, given the existence of the carbonate system in the system (e.g., hydroxide, carbonate, and bicarbonate). Reactive components and chemical rea ction types will be defined in this stage. b)Define the reactive transport model extent, which is smaller than the flow model domain Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 6 of 12 c)Define the temporal discretization of the numerical reactive transport model, which will be similar to or finer than temporal discretization for the transport model d)Assign initial conditions of reactive components' concentrations at the start of the model simulation time. e)Assign reactive components' concentrations to boundary conditions and sources with associated hydro logic features and water fluxes. f)Assign reactive transport parameters such as rate coefficients and other parameters of kinetic chemical reactions and the equilibrium constant of the chemical reaction values based on literature values g)Develop reactive transport model calib ration and sensitivity targets and calibration criteria , with the focus on achieving a representative fit to measured water quality constituent concentrations and speciation data. Reactive transport parameters such as kinetic chemical reaction parameters will be adjusted to improve the model fit. Flow model parameters will be adjusted as necessary to achieve a better fit to measu red constituents if necessary. h)Post processing of the model runs will be used to evaluate and present model output and findings in the form of text, tables, time-series plots, and maps. 9.4 Model Development Documentation The model development will be documented as a separate chapter within the overall Compliance Assessment Report. Ta sk 9 Deliverables: •Calibrated flow model. •Calibrated transport model. •Calibrated reactive transport model for arsenic and manganese. •Model development chapter for the Draft Compliance Assessment Report. Task 10. Use Models to Assess Future Conditions The calibrated flow, transport, and reactive transport models for arsenic and manganese will be used to assess the effects of RWRF operations on arsenic and manganese distribution and transport in the study area. The models, along with groundwater quality results from RWRF monitoring and offsite domestic and ag ricultural well sampling, will inform proposed locations to meet point of compliance requirements and identify any domestic wells that might be potentially affected by arsenic and manganese contributions due to RWRF operations. The modeling tools will also be used to assess potential groundwater quality conside rations (e.g., arsenic, manganese, and in the future other constituents) in relation to changed RWRF operations (increased volume of effluent discharged to percolation ponds, modifications to reclamation well pumping, etc.) The estimated level of effort for this task is also based on the same cons iderations noted for Task 9 with regard to the geographic extent of the transport model and the number of constituents to be included.10.1 Develop and Implement Scenarios A sufficient number of scenarios will be developed to demonstrate arsenic and manganese behavior under a plausible range potential RWRF ope rational practices. The focus of modeling will be to simulate conditions that are believed likely to occur rather than potential extremes in order to provide the most useful information for determining the points of compliance. Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 7 of 12 10.2 Evaluate and Process Results The results of each scenario will be processed to develop maps, charts, and tables of model output data that can be directly used to assess the locations for points of compliance. Specifically, the model output must provide an evaluation of horizontal and vertical extent of the elevated arsenic and manganese and potential impacts of elevated concentrations on downgradient beneficial uses. 10.3 Model Applications Documentation The model scenarios and processed results will be presented as a separate chapter within the overall Compliance Assessment Report. Ta sk 10 Deliverables: •Processed results of model scenarios. •Model application chapter for the Draft Complia nce Assessment Report .. Task 11. Tier 2 Monitoring Well Network Evaluation The City is implementing a two-tiered approach to the evaluation of the groundwater monitoring network for the RWRF. In Tier 1, documented in the Groundwater Monitoring Network and Well Installation Workplan, the City has completed an evaluation of the existing monitoring well network focused on meeting immediate monitoring needs identified by currently available data. Immediate needs addressed in Tier 1 include evaluating the need for replacement of wells that have gone dry, ensuring adequate monitoring upgradient and downgradient of all disposal ponds and surrounding restricted irrigation Use Areas, and filling of data gaps. The proposed new monitoring wells for Tier 1 are not specifically intended to demonstrate compliance with the groundwater limitations for arsenic and manganese. The Arsenic and Manganese Groundwater Compliance Assessment will propose the wells to be designated as points of compliance in the Tier 2 analysis of the monitoring well network along with the statistical methods to be employed in the determination of compliance. 11.1. Well Network Evaluation The Tier 2 evaluation of the monitoring well network will incorporate other, more complex considerations into the evaluation including fate and transport modeling of arsenic and manganese in groundwater and the results of both phases of domestic and agricultural well sampling. The primary goal of Tier 2 will be to identify monitoring locations to demonstrate compliance with the groundwater limitations for arsenic and manganese along with additional monitoring locations that may be needed to assess potential groundwater impacts attributable to RWRF operations and discharge. The Tier 2 monitoring network evaluation will incorporate the results of sampling of domestic and agricultural wells in the vicinity of the RWRF. The flow and reactive transport modeling will improve the understanding of arsenic and manganese occurrence and movement in groundwater beneath and downgradient of the RWRF. This task will be completed concurrently with Task 10. Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 8 of 12 11.2. Identify Points of Compliance The est imated point of compliance will be determ ined through the use of reactive transport modeling of arsenic and manganese occurrence and movement along with the results of sampling of domestic and agri cultural wells in the vicinity of the RWRF. In order to meet the requirement of Provision J.1.a. that the distances of the pro posed compliance monitoring well locations from the RWRF are as small as practi cable, it is anticipated that new monitoring wells will be needed to serve as the points of com pliance for arsenic and manganese. These new wells may be located downgradient of the RWRF to the southwest in relation to the existing and proposed Tier 1 monitoring well network. The actual number and locations of compliance monitoring wells will be determined through this analysis. 11.3. Statistical methods for compliance. The WDR requires the use of statistical data analysis methods specified in the USEPA's 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance (Unified Guidance) for evaluating com pliance with the Groundwater Li mitations of the WDR. The Unified Guidance provides a number of options for statistical tests that can be applied for determ ining compliance. Therefore, the Arsenic and Manganese Groundwater Compliance Assessment will include a statistical analysis ap proach that will propose the statistical strategy and design details to be used for deter mining com p liance with the groundwater limits for arsenic and manganese. The Unif ied Guidance recommends the use of the lower confidence limit as the appropriate statistic of interest in com pliance testing. The statistical analysis approach will propose the use of parametric or non-parametric tests along with the method for calculation of lower confidence limits. 11.4. Recommendations for Tier 2 Monitoring Well Network Based on the outcomes of the Tier 2 evaluation of the monitoring well network and identified points of com pliance, reco mmendations for the final groundwater moni toring network for arsenic and manganese co mpliance assessment will be developed. A map of the pro posed monitoring well network will be prepared that shows the locations and depth zones of existing and proposed monitoring wells to be included in the network and the locations of new wells to be installed to meet monitoring objectives. Deliverables: •Map of Proposed Tier 2 Monitoring Network with Points of Co mpliance Designated •Statistical analysis approach for Compl iance Assessment (draft to be included in Compliance Assessment Report) •Schedule for Com pletion of Work (schedule for installing monitoring wells as recommended by the As/Mn Assessment) Task 12. Prepare As/Mn Groundwater Compliance Assessment Report Carollo/LSCE will prepare and submit a final report documenting the activities, findings, and recommendations of the Groundwater Compliance Assessment. A draft and final report will be prepared. The report shall be prepared using current versions of Microsoft Office and GIS software. Copies of the final report shall incorporate City staff co mments from the reviewed draft report. 12.1 Annual As/Mn Groundwater Compliance Assessment Progress Report The WDR requires the annual submission of a technical progress report for the As/Mn Compliance Assess ment with the first report due on February 1, 2021. Carollo/LSCE will prepare the first progress Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 9 Of 12 report incorporating data collected through the third quarter of 2020 including available domestic and agricultural well data. The progress report will include an update on the preparation of the As/Mn Compliance Assessment as required by Task iii. of Provision J.1.a. of the WDR. Given the June 7, 2021 deadline for the full As/Mn Compliance Assessment Report, the first Progress Report is planned to be brief and focused on summarizing the offsite domestic and agricultural well sampling with recent data collected from RWRF monitoring wells and providing a status update for the Compliance Assessment. 12.2 Draft As/Mn Groundwater Compliance Assessment Report Draft version of the As/Mn Compliance Assessment Report for City review. 12.3 Final As/Mn Groundwater Compliance Assessment Report Final version of the As/Mn Compliance Assessment Report for submittal to the RWQCB. 12.4 Respond to RWQCB Comments It is expected that a nominal effort may be needed to address and respond to any comments from the Board. Deliverables: •As/Mn Groundwater Compliance Assessment Annual Progress Report (PDF and 5 hard copies) •Draft As/Mn Groundwater Compliance Assessment Report (PDF) •Final As/Mn Groundwater Compliance Assessment Report (PDF and 5 hard copies) Task 13. Project Management and Meetings. Carollo's project manager shall direct and coordinate the efforts of the project team members in order to deliver all of the components of the project. Project management includes facilitation of a Kick-Off Meeting, periodic meetings, work order administration, monthly progress reports, coordination with RWRF staff, and quality management. The project manager will make staffing assignments, review work progress, coordinate quality management procedures, manage subconsultants, and communicate monthly progress reports to the City. The project manager shall manage the budget, schedule, and invoicing. The project manager will prepare and maintain decision and action item logs that will record the decisions made by the City throughout the project as well as action items assigned to the Carollo/LSCE team and City team members. 13.1 Project Kickoff Meeting. Carollo/LSCE will facilitate a project Kick-off Meeting with RWRF staff to review the Workplan requirements and develop the City's goals and objectives for the As/Mn Compliance Assessment. This will be a working meeting with participation from key RWRF staff to discuss the RWRF goals and objectives, preferences, key concerns and project constraints. Additionally, Carollo/LSCE will review the overall scope, schedule, and budget, and establish lines of communication between the Carollo/LSCE team and RWRF staff. Carollo/LSCE will provide an initial data request list and list of past studies and work to review. The list will be updated during the course of the project. Key members of the Carollo/LSCE team will attend the Kick-Off Meeting. Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 10 Of 12 13.2 Meetings with RWQCB. Two meetings will be held with the RWQCB. The first meeting will be scheduled to review the results of Phase 2 dom estic and agricultural well sampling, determine impacted dom estic wells, and discuss potential corrective actions. This meeting will also include a presentation of the approach to flow and transport modeling to introduce modeling concepts and to familiarize the Board with the modeling tools and processes (modeling code, flow/transport model setup and calibration, approach to reactive transport) built into the models. A second meeting will be to present the results of the flow and transport modeling and proposed points of com pliance. 13 .3 Progress meetings. Four progress meetings will be conducted. The progress meetings will be held at key project milestones to present interim results and obtain City feedback/approval on key decisions. It is assumed that meetings will alternate between Webex and in-person meetings (two Webex/two in­ person). PROJECT ASSUMPTIONS 1. The City shall furnish Carollo available studies, reports and other data pertinent to Carollo 's services; obtain or authorize Carollo to obtain or provide additional reports and data as required; furnish to Carollo services of others required for the perfor mance of Carollo's services hereunder, and Carollo shall be entitled to use and rely upon all such inform ation and services provided by the City or others in performing Caro llo's services under this Amendment. 2.Carollo has no control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way City's plant and/or associated processes are operated and/or maintained. Data projections and estimates are based on Carollo's opinion based on experience and judgment. Carollo cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by Carollo and Carollo will not be liable to and/or indemnify the City and/or any third party related to any inconsistencies between Carollo's data projections and estimates and actual costs and/or quantities realized by the City and/or any third party in the future, except to the extent such inaccuracies are caused by Carollo's negligent performance under this Amendment. Phase 2 Final AsMn Compliance Assessment Scope of Work 20200117.docx Page 11 of 12 TIME OF PERFORMANCE The work will be com pleted to meet the req uired As/Mn Com plia nce Assessment subm ittal date of June 7, 202 1. Estimated Project Delivery Schedule The preliminary sched ule for co mpleting the tasks is provided in the ta ble below assuming Notice to Proceed is received on March 1, 2020. The schedule is driven by the WDR completion dead line of June 7, 2021. The sc hedule is contingent on timely participation by the RWQCB to review the workplan subm itted by the City to the RWQCB on December 10, 2019. The workplan provides initial fin dings from Phase 1 and esta blishes the technica l approach for this project. The schedule also assu mes timely participation and prom pt fe edback by the RWQCB during the two proposed meeti ngs (Task 13.2). Task Cumulative Te ntative Duration Duration Com pletion Ta sk (months) (months) Date Task 7. Eva luate Results of Domestic and Agricultural Well Sampling Task 8. Determine/Propose Corrective Actions Task 9. Deve lop Numerica l Flow and Transport Models Task 10. Use Models to Assess Future Cond itions Ta sk 11. Tie r 2 Monitoring We ll Network Evaluation Task 12. Preparation of Com plia nce Assessment Re port Task 13. Project Management and Meeti ngs --I-- Phase 2 Final As Mn Compliance Assessment Scope of Work 20200117.docx Page 12 of 12 9 3 9 3 4 6 15 I 9 12 � --9--- 12 --14 - � 6/7/2 021 - City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-12 Agenda Date:1/5/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to Reclamation Well Power Poles Replacement (Bid File 12300454) (Council District 3): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Class 1, Section 15301(b)&(d) (Existing Facilities) and Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines; and 2. Award a construction contract to A-C Electric Company, in the amount of $176,700.00. RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b)&(d) (Existing Facilities) and Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines for the Reclamation Well Power Poles Replacement (Project); award a construction contract for the Project to A-C Electric Company in the amount of $176,700.00; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY In 2016, the Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) had an electrical power supply pole audit to determine the condition of the poles, which identified numerous poles in need of replacement. This Project will prevent electrical power supply failures from affecting the reclamation well field. After a competitive bidding process, the Department of Public Utilities, Wastewater Management Division, is seeking to award a construction contract for the Project in the amount of $176,700.00 to A-C Electric Company. The Project needs to be awarded at the January 12, 2023 Council Session because the bid will expire, within sixty-four (64) days of bid opening, on January 25, 2023. City of Fresno Printed on 1/13/2023Page 1 of 3 powered by Legistar™ 01-05-2023 Approved on Consent LC / MA 7-0 File #:ID 23-12 Agenda Date:1/5/2023 Agenda #: 1.-K. BACKGROUND The Facility has approximately fifteen (15) miles of overhead medium voltage power lines supported by wooden electrical power supply poles, which are used to deliver electrical power supply to the reclamation wellfield and electrical appurtenances amongst the percolation basins. In 2016, an audit was conducted to determine the condition of the poles and identify deteriorated poles in need of replacement. Based on the findings of that audit, the Department of Public Utilities has gradually replaced deteriorated electrical power supply poles since 2017. The power poles to be replaced through this Project are the last of deteriorated poles identified as needing replacement. Each of those deteriorated electrical power supply poles have surpassed their service life and are at high risk of causing electrical supply failure. The Project consists of removal and replacement of forty-one (41) electrical power supply poles by first removing the pole and electrical fixtures, installing 40-foot tall Class 5 rated wood power poles, then replacing or reinstalling the existing 10-foot copper clad ground rods, ground rod conductor clamps and #6 solid copper ground conductors. Additionally, the Project includes installation of pole numbering and any reflectors on the new poles. Following preparation of Project plans and specifications, a Notice Inviting Bids was published on October 19, 2022, and posted on the City’s Planet Bids website. The plans and specifications were distributed to sixteen (16) prospective bidders and posted at nine (9) Building Exchanges. Three (3) sealed bid proposals were received and publicly opened on November 22, 2022. The bid proposals ranged from $175,685.54 to $264,358.00 with Valley Alpha Electric, Inc. appearing to be the lowest responsive and responsible bidder, with the bid amount of $175,685.54 without extending the 5% local preference in the bid price. However, application of the 5% local preference resulted in A-C Electric Company being determined as the lowest responsive and responsible bidder, with a bid amount of $176,700.00. Staff recommends that City Council award a construction contract to A-C Electric Company, in the amount of $176,700.00, as the lowest responsive and responsible bidder when the 5% local preference is applied in the evaluation of competitive bids. Their bid price is 4.49% below the Construction Allocation of $185,000.00. The bid will expire within sixty-four (64) days of bid opening, on January 25, 2023. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment for this Project and has determined that it falls within the Categorical Exemption pursuant to Class 1, set forth in CEQA Guidelines, Sections 15301(b)&(d) (Existing Facilities), which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use; and Section 15302(c) (Replacement or Reconstruction), which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Project. LOCAL PREFERENCE Local preference did affect the award of this project because one of the bidders is a local business City of Fresno Printed on 1/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-12 Agenda Date:1/5/2023 Agenda #: 1.-K. Local preference did affect the award of this project because one of the bidders is a local business according to the Fresno Municipal Code Section 4-108. The apparent lowest responsive and responsible bidder is not a local business; therefore, a 5% local preference is applied to the lowest responsive and responsible bid which increased their new bid amount to $184,469.82. As a result, the local bidder is now ranked as the lowest responsive and responsible bidder. FISCAL IMPACT There is no impact to the General Fund. Funding for the Project is included in the Wastewater Management Division’s five-year Capital Improvement Program budget within the Sewer Enterprise Fund 40501. Funds in the amount of $206,600.00 for this Project are budgeted in the Fiscal Year 2023 Sewer Enterprise Fund 40501. This Project is located in Council District 3. Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement Attachment 2 - Sample Contract Attachment 3 - Vicinity Map Attachment 4 - Notice of Exemption Attachment 5 - Environmental Assessment City of Fresno Printed on 1/13/2023Page 3 of 3 powered by Legistar™ IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: ___________ _ Name: --------------(Type or print written signature.) Title: _____________ _ (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: _____________ _ By: ___________ _ Name: ____________ _ (Type or print written signature.) Title: _____________ _ (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: _____________ _ DPW23.0/01-06-12 DPW NO FED DIV l.pdf CITY OF FRESNO, a California municipal corporation By: _____________ _ [Name], [Title] Department of Public Works Dated: _____________ _ ATTEST: TODD STERMER, CMC City Clerk By: ______________ _ Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By:---------------[City Certifier Name) [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title) [Street Address) Fresno, CA [Zip] 1.19 rev 04-21 Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT THE PROJECT DESCRIBED HEREIN IS DETEMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. CONTACT: Patricia Diep City of Fresno – Department of Public Utilities 1626 E Street Fresno, CA 93706 Phone: 559-621-1609 Email: Patricia.Diep@Fresno.gov PROJECT TITLE: Reclamation Well Power Poles Replacement PROJECT LOCATIONS: 5607 W. Jensen Ave Fresno, CA 93706 PROJECT DESCRIPTION: The purpose of the project is to remove and replace forty- one (41) existing electrical power supply poles at the wastewater facility including replacing the 10-foot copper clad ground rods, ground rod conductor clamps and the #6 solid copper ground conductors. The Project is exempt under Section 15301(b)&(d)/Class 1 and Section 15302(c)/Class 2 of the California Environmental Quality Act (CEQA) Guidelines. The proposed project is consistent with the Class 1 and 2 exemptions. All existing electrical power supply poles to be replaced are publicly owned utilities, consistent with a Section 15301(b) exemption. The Project is necessary to provide electrical service to the pond pumping system within the area, which involves replacing the deteriorated electrical power supply poles that are at close to the end of service life, as is consistent with a Section 15301(b) exemption. Lastly, the replacement of the existing facility with similar sized power poles represents a negligible or no net expansion of current capacity, as is consistent with a Section 15302(c) exemption. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply: (a) Location The Project is not located in a sensitive environment or an environmental resource of hazardous or critical concern as designated by federal, state, or local agencies. (b) Cumulative Impact The Project will not have a cumulative negative impact over time that is significant. Electrical power supply polls are replaced approximately every 25 years and the impacts are beneficial to the operation of the reclamation well and surrounding pond. (c) Significant Effect The Project will not have a significant effect on the environment due to unusual circumstances. The electrical power supply pole replacement is routine maintenance following industry standards. (d) Scenic Highways The Project will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. The Project is not located near scenic highways. (e) Hazardous Waste Sites The Project is not located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources The Project will not cause a substantial adverse change in the significance of a historical resource. The Project is limited to remove and replace existing electrical power supply poles, which are not historical resources. Overall, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. Date: January __, 2022 Prepared by: Patricia Diep  City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-13 Agenda Date:1/5/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:RICK STAGGS, Assistant Director Department of Public Utilities - Wastewater Management Division JOSEPH DE GEORGE, MS, MBA, Project Manager Department of Public Utilities - Wastewater Management Division SUBJECT Approve consultant services agreement with Electrical Power Systems, Inc., for an amount not to exceed $87,362, to provide a required Arc Flash Review and Update Study at the Fresno-Clovis Regional Wastewater Reclamation Facility. (Council District 3) RECOMMENDATION Staff recommends that City Council approve a consultant services agreement with Electrical Power Systems, Inc. (Consultant), for an amount not to exceed $87,362, to provide Engineering Services for Arc Flash Review and Update Study (Project) at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF); and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY Electrical systems pose inherent risks of electrical shock and arc flash anytime an employee interacts with energized equipment. The 5-year review study is necessary to stay in compliance with both Occupational Safety and Health Administration (OSHA) and National Fire Protection Association (NFPA) requirements. The study will identify and implement proper equipment labeling, updated electrical drawings and power plans, the arc flash boundary, and the required Personal Protective Equipment (PPE) for the task. These updates will effectively aid staff in future component and system design troubleshooting problems and responding to emergencies. BACKGROUND The RWRF’s initial arc flash hazard analysis study was performed in 2015. Article 130.5 of the NFPA 70E Standard for Electrical Safety in the Workplace, requires that an arc flash study must be evaluated every five years or anytime there is a substantial change in the electrical system. NFPA 70E requirements for safe work practices were created to protect personnel by reducing exposure to City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent File #:ID 23-13 Agenda Date:1/5/2023 Agenda #: 1.-L. 70E requirements for safe work practices were created to protect personnel by reducing exposure to major electrical hazards. NFPA 70E helps companies and employees avoid workplace injuries and fatalities due to shock, electrocution, arc flash, and arc blast, and assists in complying with OSHA 1910 Subpart S and OSHA 1926 Subpart K. The Wastewater Management Division (WMD) conducted a competitive process for selecting a consultant to provide the requested professional services for this Project. On May 10, 2022, a Request for Qualifications was published on the City’s Planet Bids website. On May 31, 2022, five sealed proposals were received from Agilitech, Electrical Power Systems Inc., Gannett Fleming, Power-Tech Engineering Inc., and PS2 Engineering. A selection committee, consisting of representatives from the WMD, evaluated the proposals. Upon review of the qualifications for meeting the various criteria and analysis of the proposed fee, Electrical Power Systems Inc., was ultimately selected based on having met the criteria of the evaluation. Staff recommends the award of a consultant services agreement to Electrical Power Systems Inc., for these services for a total amount not to exceed $87,362. A standardized consultant service agreement has been used. Upon approval by the City Council, the consultant service agreement will be executed by the Director of Public Utilities or designee. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this Consultant Services Agreement for the design services does not qualify as a “project” for the purposes of CEQA. LOCAL PREFERENCE Local Preference was not implemented because the Consultant is a local business pursuant to the Fresno Municipal Code Section 4-109(b). FISCAL IMPACT There is no impact on the General Fund. This Project is located within Council District 3. Funding for this Project is included in the Fiscal Year 2023 Sewer System Enterprise Fund (40501). Attachments: Attachment 1 - Consultant Services Agreement Attachment 2 - Vicinity Map City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective , by and between the CITY OF FRESNO, a California municipal corporation (the City), and ELECTRICAL POWER SYSTEMS INC., a California Corporation (the Consultant). RECITALS WHEREAS, the City desires to obtain professional Consultant services for Arc Flash Review and Update Study at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) (the Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (the Director) or the Director’s designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1.Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2.Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2023, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within two hundred consecutive calendar days from such authorization to proceed. 3. Compensation.(a)The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed Eighty-Seven Thousand Three Hundred and Sixty-Two ($87,362), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A. (b)Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense DPU-S Eng. CSA Short Form T&M (04-2022) DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -2- for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c)The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4.Termination, Remedies and Force Majeure. (a)This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b)Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c)In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d)Upon any breach of this Agreement by the Consultant, the City may (i)exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii)proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e)The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -3- (f)The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director, or designee, in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director, or designee, of the cessation of such occurrence. 5.Confidential Information, Ownership of Documents and Copyright License. (a)Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term “Confidential Information” for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b)Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d)This Section 5 shall survive expiration or termination of this Agreement. 6.Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -4- services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a)Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b)If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -5- (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -6- (c)In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any the City council, commission, board, committee, or similar the City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d)The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e)Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f)If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g)This Section 9 shall survive expiration or termination of this Agreement. 10.Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a)Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b)Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c)Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a)Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director, or designee. (b)Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -7- life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12.Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a)The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b)The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -8- conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c)The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of The Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d)The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13.Independent Contractor. (a)In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b)This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c)Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -9- acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14.Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a)This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b)The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17.Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, including, but not limited to, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19.Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -10- 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. 21.Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22.Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23.Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24.Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25.Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26.Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27.No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28.Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29.The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -11- [SIGNATURES FOLLOW ON NEXT PAGE] DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) -12- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Electrical Power System Inc., A California Corporation By: Brock D. Buche, PE, PLS, Director Department of Public Utilities Name: Title: No signature of City Attorney required. Standard Document #DPU-S Engineering CSA, Short Form T&M (04-2022) has been used without modification, as certified by the undersigned. (If corporation or LLC, Board Chair, Pres. or Vice Pres.) By: Name: By: Joseph De George, MS, MBA Project Manager Department of Public Utilities Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) ATTEST: TODD STERMER, CMC City Clerk By: Deputy Addresses: CITY: City of Fresno Attention: Joseph De George Project Manager 5607 W. Jensen Ave. Fresno, CA 93706 Phone: (559) 621-5290 E-mail: Wastewater.Payables@fresno.gov REVIEWED BY: Timothy Tompsett, Wastewater Manager CONSULTANT: Electrical Power System Inc. Attention: Joe Prevendar President 2187 Herndon St. #102 Clovis, CA 93611 Phone: 559-221-7230 E-mail: joe@epsfresno.com Attachments: 1.Exhibit A - Scope of Services 2.Exhibit B - Insurance Requirements 3.Exhibit C - Conflict of Interest Disclosure Form Joseph Prevendar President Theresa Hagans Secretary DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF 11/16/2022 11/17/2022 11/17/2022 11/17/2022 Clerk Attesting DPU-S Eng. CSA Short Form T&M (04-2022) Page 1 of 3 Exhibit A EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (the City) and Electrical Power Systems Inc. (the Consultant) Arc Flash Review & Update Study at the Regional Wastewater Reclamation Facility The contracted services shall be accomplished through a four-part work plan including but not limited to the following: Part 1 – Schematic Phase 1. Project management as necessary to support project’s tasks including preparation of monthly schedule and budget updates; participation in update meetings including preparation of agendas and minutes; preparation of detailed monthly billing. 2.Conduct a kickoff meeting for discussion of the project objectives, scope of work, approach, schedule, and coordination procedures. 3.Conduct field and documents reviews for an understanding of existing System conditions. 4.Perform an analysis of the existing overall Electrical System, develop a photo data base, taking into account proposed Improvements and future demands. The analysis shall yield proposed Improvements and shall propose improvements to the System as may be necessary. 5. Prepare SKM Modeling Report outlining the findings from the analysis, inclusive of Improvements recommendations. 6.Prepare reports and coordination documents to a 30% completion level. Part 2 – Development Phase 1.Prepare reports and coordination documents to a 60% completion level. a.Conduct review meeting Part 3 – Document Phase 1.Prepare reports and coordination documents to a 100% completion level. a.Install new arc flash labels on all equipment Part 4 – Final Phase a.Perform site walk verifying application of labeling DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 2 of 3 Exhibit A b.Conduct review meeting c.Turn over all deliverables to the City of Fresno Deliverables: a.Relay coordination check b.Report generation c.Arc Flash tables & Labels d.One copy of updated SKM files e.One laminated copy of safety 1-line drawings f.One electronic copy of safety 1-line drawings All documents for public review shall be submitted in an electronic format compliant with the Americans with Disabilities Act (ADA). Per City Administrative Order 8-16, “Documents must be provided as accessible PDFs or in another accessible format. Accessible PDFs are PDF documents created so that they are not read solely as an image by assistive technology and screen readers. This is usually achieved through the use of tags, or a structured, textual representation of the PDF that is presented to screen readers but have no visible effect on the PDF file.” The City may elect to further expand the scope of services or add new scope of service tasks, should such services provide a benefit in meeting the City’s ultimate goals and objectives for the project. Such scope of service expansion will be subject to City and Consultant negotiating a mutually agreeable scope and fee, and approval by the City Council, if required. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 3 of 3 Exhibit A SCHEDULE OF FEES Electrical Power Systems Inc. 2022 PROFESSIONAL RATE SCHEDULE Expert Research Testimony and Depositions………………..………………... $325 per hour Principal Electrical Engineer……………………………………………………... $235 per hour Professional Engineer…………………………………………………………..… $200 per hour E.I.T. ………………………………………………………………………………. $180 per hour Field Tech./Designer/IT Programmer…………………………………………… $160 per hour Cad/Drafting Technician………………………………………………………….. $122 per hour Clerical……………………………………………………………………………… $ 85 per hour DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (the City) and Electrical Power Systems Inc. (the Consultant) Arc Flash Review & Update Study at the Regional Wastewater Reclamation Facility MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 2 of 4 (iv)$2,000,000 general aggregate applying separately to the work performed under the Agreement. 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i)$100,000 per person; (ii)$300,000 per accident for bodily injury; and (iii)$50,000 per accident for property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i)$1,000,000 each accident for bodily injury; (ii)$1,000,000 disease each employee; and (iii)$1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i)$1,000,000 per claim/occurrence; and (ii)$2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i)The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii)The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 3 of 4 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2.The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3.For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1.The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF DPU-S Eng. CSA Short Form T&M (04-2022) Page 4 of 4 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Arc Flash Review & Update Study at the Regional Wastewater Reclamation Facility YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? *If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City, State Zip) Joseph Prevendar Electrical Power System Inc. 2187 Herndon St. #102 Clovis, CA 93611 DocuSign Envelope ID: F8C7CF5B-C6AD-4279-AC12-461E6D7658FF X X Not applicable X X X X 11/17/2022 VICINITY MAP ARC FLASH REVIEW AND UPDATE STUDY AT THE AT THE RWRF City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-26 Agenda Date:1/5/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:MARTIN WENDELS, Project Manager Department of Public Utilities - Water Division SUBJECT Actions pertaining to roof repairs at the Department of Public Utilities Operations & Maintenance Facility located at 1626 E Street, Fresno, California ( Bid File 12300671) (Council District 3): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15302/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a contract in the amount of $248,315.43 to Nations Roof West, LLC of Fresno, California RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15302/Class 1 (Replacement of Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; award a contract to Nations Roof West, LLC, (Nations), in the amount of $248,315.43 for roof repairs located at 1626 E Street, Fresno, California; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City of Fresno. EXECUTIVE SUMMARY The Department of Public Utilities (DPU) is in the process of conducting various improvements at the DPU Operations & Maintenance Facility (O&M Facility) located at 1626 E Street, in an effort to consolidate operational, maintenance facilities, and a number of Department divisions. Included in the improvements is the immediate need to make roof repairs necessary to prevent water intrusion and damage. BACKGROUND DPU purchased the property located at 1626 E Street, an industrial building of 220,000 gross square feet, for the purpose of consolidating operational, maintenance facilities, and a number of Department divisions. Currently DPU Administration and the Utilities Planning and Engineering Division occupy space within the Facility that was originally constructed in the early 1970’s. The City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent File #:ID 23-26 Agenda Date:1/5/2023 Agenda #: 1.-M. original roof still exists and has had some updates but is in need of immediate repairs. In accordance with Fresno Municipal Code Chapter 4, Article 1, and Administrative Order 6-19 (AO 6- 19), DPU conducted a competitive process for selecting a contractor to provide roof repair services. On September 16, 2022, a Notice Inviting Bids for the Department of Public Utilities O&M Facility Roof Repair Bid File No. 12300671 was posted to 4 (four) Building Exchanges. On October 25, 2022, 1 (one) proposal was opened. Nations was the sole responsible and responsive bidder. Staff recommends the City Council award a contract to Nations in the amount of $248,315.43, as the sole responsive and responsible bidder. City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15302/Class 1. Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. This project consists of repairs to the roof of DPU’s O&M Facility. The repairs are necessary to prevent water intrusion and damage to the building. The original roof still exists and has had some updates but needs immediate repairs. The roof repairs will not result in any expansion of use. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not implemented as there was only one responsive bidder. FISCAL IMPACT There is no impact to the General Fund. Funds are available in the FY 2023 Capital Improvement Program budget within the DPU O&M Facility Fund (55003). Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement Attachment 2 - Sample Contract City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 04-21 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2.Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3.Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4.Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev.04-21 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-30 Agenda Date:1/5/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:CHERYL BURNS, MPA, Senior Management Analyst Department of Public Utilities - Administration SUBJECT Actions pertaining to the submission of grant applications for the California Department of Water Resources 2022 Urban Community Drought Relief Program: 1. ***RESOLUTION - Authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources for the Critical Wells for Drought Relief Project, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Council Districts 5, 6, and 7) (Subject to Mayor’s Veto) 2. ***RESOLUTION - Authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources for the Leaky Acres Groundwater Recharge Improvements Project, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Council District 4) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends that City Council: 1. Approve a Resolution authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources (DWR) for the Critical Wells for Drought Relief Project and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno; and 2. Approve a Resolution authorizing the submission of a 2022 Urban Community Drought Relief Grant Program grant application to the California Department of Water Resources for the Leaky Acres Groundwater Recharge Improvements Project and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno. EXECUTIVE SUMMARY In June 2022, the State of California Legislature allocated $545 million to DWR to deliver grants for City of Fresno Printed on 1/13/2023Page 1 of 3 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent RES. 2023-005, RES. 2023-006 File #:ID 23-30 Agenda Date:1/5/2023 Agenda #: 1.-N. In June 2022, the State of California Legislature allocated $545 million to DWR to deliver grants for drought relief to urban communities. The City of Fresno (City) Department of Public Utilities (DPU) proposes to utilize available DWR grant funding to (1) construct wellhead treatment systems at three critical well locations to treat contaminated groundwater to potable drinking water standards and (2) to construct improvements at the Leaky Acres Recharge Facility to increase surface water recharge during non-drought years. Council approval of this resolution cannot be delayed, as the first round of grant awards are expected to be announced on a rolling basis. It is therefore imperative that Council approve this authorizing resolution without delay in order to improve the likelihood that the projects will receive consideration in the early rounds of funding. BACKGROUND In the Budget Act of 2021, the State of California allocated $300 million to the DWR to deliver grants for interim and immediate drought relief to urban communities for multibenefit projects, which DWR administers via the Urban Community Drought Relief Grant Program (Program). Grants awarded under the Program are intended to provide water to communities that face the loss or contamination of their water supplies, to address immediate impacts on human health and safety, and to protect fish and wildlife resources. An amendment to the Budget Act of 2021 in June 2022 allocated an additional $545 million to the DWR for the Program. The City provides potable water supply service to residents, businesses, industries, and institutions within a geographic area that extends across approximately 110 square miles. As drought conditions have continued to worsen in California, the City has been actively engaged in efforts to maintain the City’s water supplies and ensure the reliability of its potable water system. The Critical Wells for Drought Relief Project will construct wellhead treatment systems at three City wells, identified as PS 1B (Council District 7), PS 319 (Council District 6), and PS 341 (Council District 5) to remove 1,2,3-Trichloropropane (TCP) from the pumped contaminated groundwater so it meets potable drinking water standards. The three wells have been inactive since 2018 due to exceedance of the TCP Maximum Contaminant Level (MCL) for drinking water, which had only been promulgated by the State of California at the end of 2017. Since the regulation was implemented, approximately thirty-four (34) wells have been impacted by TCP, with about twenty-six (26) of these wells taken offline, resulting in a significant loss of available potable water supplies. The design of the wellhead treatment systems for Pump Stations 1B, 319, and 341 were completed via a Sustainable Groundwater Planning Grant funded through the State Water Resources Control Board. The City continues efforts to recover costs for TCP-related impacts from the responsible parties, but no timelines have been established or can be forecasted regarding resolution at this time. In order to ensure water system viability in this critical time of drought, it is important to proceed with the installation of wellhead treatment systems at the three critical wells as soon as possible. DPU has identified the opportunity to utilize Program funds for this Project to ensure reliability of the potable water system and minimize potential health and safety impacts to water customers. The Leaky Acres Groundwater Recharge Improvements Project entails the design and construction of various infrastructure improvements at the Leaky Acres Recharge Facility to increase the percolation rate and maximize the capture of surface water deliveries for groundwater recharge. The City of Fresno Printed on 1/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-30 Agenda Date:1/5/2023 Agenda #: 1.-N. percolation rate and maximize the capture of surface water deliveries for groundwater recharge. The conceptual designs and potential beneficial impacts were first presented in the August 2022 Leaky Acres Master Plan. DPU requires a qualified engineering consultant to prepare the construction plans and specifications prior to putting the project out to bid. Selected improvements include modifications to the silt basins, installation of conveyance piping to individual basins, and installation of remote sensors and valves to automatically fill individual percolations basins when levels drop. The improvements are estimated to restore the groundwater recharge rate from the current 0.2 ft/day rate to approximately 0.4 ft/day. Council approval of this resolution cannot be delayed, as the first round of grant awards are expected to be announced on a rolling basis. It is therefore imperative that Council approve this authorizing resolution without delay in order improve the likelihood that the projects will receive consideration in the early rounds of funding. ENVIRONMENTAL FINDINGS Submission of grant applications and execution of subsequent grant agreements involve the creation of a government funding mechanism and do not involve a commitment to a specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to California Environmental Quality Act (CEQA) Guidelines section 15378, submission of these grant applications is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because this action does not include a bid or an award of a construction or services contract. FISCAL IMPACT This resolution will have no impact on the General Fund. Should the grants be awarded, the funds will be accounted for in separate funds to be designated specifically for (1) the installation of wellhead treatment systems at three critical well sites and (2) the Leaky Acres Groundwater Recharge Improvements Project. Attachments: Attachment 1 - Resolution for Critical Wells for Drought Relief Project Attachment 2 - Resolution for Leaky Acres Groundwater Recharge Improvement Project Attachment 3 - Sample Agreement City of Fresno Printed on 1/13/2023Page 3 of 3 powered by Legistar™ 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: JMQ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING SUBMISSION OF A 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE CRITICAL WELLS FOR DROUGHT RELIEF PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES OR DESIGNEE TO ACCEPT GRANT FUNDS AND EXECUTE ALL APPLICATION AND GRANT AGREEMENT DOCUMENTS ON BEHALF OF THE CITY OF FRESNO. WHEREAS, in 2017, the State of California notified the City of Fresno (City) of upcoming groundwater regulations for 1,2,3-Trichloropropane (TCP) that set the Maximum Contaminant Level (MCL) at 5 parts per trillion (ppt) and required that public water supply wells with detections of TCP above the MCL either have advanced wellhead treatment systems or be taken offline; and WHEREAS, approximately 40 of the City’s public water supply wells have been impacted by TCP since the regulations were implemented in 2018, and most of those impacted wells have been taken offline; and WHEREAS, in March of 2017, the City entered into a funding agreement with the State Water Resources Control Board for a Sustainable Groundwater Planning Grant that funded the design of wellhead treatment systems for three critical TCP-impacted wells to return those critical wells to service; and WHEREAS, the City’s Department of Public Utilities (DPU) proposes to implement a Critical Wells for Drought Relief Project (Project) to construct the wellhead treatment systems at the three critical TCP-impacted wells utilizing the design funded by the Sustainable Groundwater Planning Grant; and 2 of 4 WHEREAS, an amendment to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) in June 2022 allocated an additional $545 million to the California Department of Water Resources (DWR) to deliver grants for drought relief to urban communities; and WHEREAS, in October 2022, DWR issued the Guidelines and Proposal Solicitation Package establishing the processes, procedures, and criteria that DWR will use to implement the Urban Community Drought Relief Grant Program (Program); and WHEREAS, grants awarded under the Program are intended to provide water to communities that face the loss or contamination of their water supplies, to address immediate impacts on human health and safety, to secure the future of California’s water supply, and to protect fish and wildlife resources; and WHEREAS, the Project being proposed fits the criteria of the Program, as it will remediate a contaminated aquifer posing a risk to human health and provide additional potable water supplies to the City; and WHEREAS, DPU intends to apply for grant funding from DWR for the Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, ch. 240, §80) as amended (Stats. 2022, ch. 44, §25), the City of Fresno Director of Public Utilities or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources for the Critical Wells for Drought Relief, and take such other actions as necessary or appropriate to 3 of 4 obtain grant funding. 2.The City of Fresno Director of Public Utilities or designee is hereby authorized and directed to execute the funding agreement, subject to approval as to form by the City Attorney’s Office, with the Department of Water Resources and any amendments thereto. 3.The City of Fresno Director of Public Utilities or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. 4.This resolution shall be effective upon final approval. 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Quintanilla Date Senior Deputy City Attorney 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: JMQ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING SUBMISSION OF A 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE LEAKY ACRES GROUNDWATER RECHARGE IMPROVEMENTS PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES OR DESIGNEE TO ACCEPT GRANT FUNDS AND EXECUTE ALL APPLICATION AND GRANT AGREEMENT DOCUMENTS ON BEHALF OF THE CITY OF FRESNO. WHEREAS, the City of Fresno (City) owns and operates the 200-acre Leaky Acres Recharge Facility, which was constructed in the early 1970’s to recharge surface water from the San Joaquin River and Kings River; and WHEREAS, groundwater recharge rates over the last few decades have significantly declined from the original rate of 0.4 ft/day to approximately 0.2 ft/day currently; and WHEREAS, conclusions from the August 2022 Leaky Acres Master Plan indicated the need for several facility operational and capital improvements to maximize the ability of Leaky Acres to successfully capture surface water deliveries for groundwater recharge; and WHEREAS, the City’s Department of Public Utilities (DPU) proposes to implement the Leaky Acres Groundwater Recharge Improvements Project (Project), which was identified in the Leaky Acres Master Plan, to improve recharge rates and operational efficiency; and WHEREAS, an amendment to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) 2 of 4 in June 2022 allocated an additional $545 million to the California Department of Water Resources (DWR) to deliver grants for drought relief to urban communities; and WHEREAS, in October 2022, DWR issued the Guidelines and Proposal Solicitation Package establishing the processes, procedures, and criteria that DWR will use to implement the Urban Community Drought Relief Grant Program (Program); and WHEREAS, grants awarded under the Program are intended to provide water to communities that face the loss or contamination of their water supplies, to address immediate impacts on human health and safety, to secure the future of California’s water supply, and to protect fish and wildlife resources; and WHEREAS, the Project being proposed fits the criteria of the Program, as it will replenish the over-drafted groundwater aquifer with surface water and increase the groundwater supplies available to the City for future drought events; and WHEREAS, DPU intends to apply for grant funding from DWR for the Project; and WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, ch. 240, §80) as amended (Stats. 2022, ch. 44, §25), the City of Fresno Director of Public Utilities or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources for the Critical Wells for the Leaky Acres Groundwater Recharge Improvements Project and take such other actions as necessary or appropriate to obtain grant funding. 3 of 4 2.The City of Fresno Director of Public Utilities or designee is hereby authorized and directed to execute the funding agreement, subject to approval as to form by the City Attorney’s Office, with the Department of Water Resources and any amendments thereto. 3.The City of Fresno Director of Public Utilities or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. 4.This resolution shall be effective upon final approval. 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Quintanilla Date Senior Deputy City Attorney GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND <GRANTEE NAME> AGREEMENT NUMBER <SAP AGREEMENT NUMBER> URBAN COMMUNITY DROUGHT RELIEF GRANT THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the <insert Grantee Name>, a <select appropriate descriptor and delete others: public agency, non-profit, etc.> in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows: 1)PURPOSE. The State shall provide funding from the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25) to the Grantee to assist in financing the Project. 2)TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on July 1, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by <insert the last project completion date based on schedule>, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after <insert date 3 months after the last project work is scheduled to be completed>. 3)GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $<INSERT AMOUNT>. Any additional costs are the responsibility of the Grantee. 4)GRANTEE REQUIRED COST SHARE. The Grantee is required to provide a local cost share (non-State funds) in the amount of $<INSERT AMOUNT>, as set forth in Exhibit B (Budget). Required Cost Share must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A (Work Plan), incurred after June 30, 2022. 5)BASIC CONDITIONS. A.The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i.The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2022 Guidelines). ii.For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation . The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 11, “Submission of Reports” and Exhibit A, “Work Plan”. iii.Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1.Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2.Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a)The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b)Documents that satisfy the CEQA process are received by the State, and Grant Agreement No. <46000XXXXX> Page 2 of 39 c)The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv.A monitoring plan as required by Paragraph 14, “Monitoring Plan Requirements,” if applicable. 6)DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest-bearing account and shall be used solely to pay Eligible Project Costs. 7)ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for reimbursement. Costs that are not eligible for reimbursement include, but are not limited to, the following items: A.Costs, other than those noted above, incurred prior to July 1, 2022. B.Costs for preparing and filing a grant application. C.Purchase of equipment that is not an integral part of a project. D.Establishing a reserve fund. E.Purchase of water supply. F.Replacement of existing funding sources (e.g., bridge loans). G.Meals, food items, or refreshments. H.Payment of any punitive regulatory agency requirement, federal or state taxes. I.Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain. J.Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ Grant Agreement No. <46000XXXXX> Page 3 of 39 organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement. K.Mitigation for environmental impacts not resulting from implementation of a project funded by this Agreement. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8)METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 12, “Submission of Reports.” Payment will be made no more frequently than <choose one: quarterly/monthly>, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs. Invoices submitted by the Grantee shall include the following information: A.Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. B.Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project. C.Invoices shall be submitted on forms provided by the State and shall meet the following format requirements: i.Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii.Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii.One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv.Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount”. v.Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: <Insert appropriate address>. All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any Grant Agreement No. <46000XXXXX> Page 4 of 39 invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.) 9)WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 10, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 10, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 10)DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur: A.Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; B.Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; C.Failure to operate or maintain the Project in accordance with this Grant Agreement. D.Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. E.Failure to submit quarterly progress reports pursuant to Paragraph 5. F.Failure to routinely invoice the State pursuant to Paragraph 8. G.Failure to meet any of the requirements set forth in Paragraph 11, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: A.Declare the funding be immediately repaid. B.Terminate any obligation to make future payments to the Grantee. C.Terminate the Grant Agreement. D.Take any other action that it deems necessary to protect its interests. Grant Agreement No. <46000XXXXX> Page 5 of 39 In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 11)CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds: A.An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 21 of the 2022 Guidelines and Proposal Solicitation Package. B.An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State’s website. For more information, visit the website listed in the 2022 Guidelines and Proposal Solicitation Package. C.A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq. D.If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package. E.If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at: https://sgma.water.ca.gov/portal/. F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control. G.On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at: https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 12)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of Grant Agreement No. <46000XXXXX> Page 6 of 39 State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project. A.Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). B.Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F. C.Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State. D.Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. 13)OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 9, “Default Provisions.” 14)MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 15)NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items: A.Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be Grant Agreement No. <46000XXXXX> Page 7 of 39 undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget. B.Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event. C.Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State. D.The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way. E.Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 16)NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: A.By delivery in person. B.By certified U.S. mail, return receipt requested, postage prepaid. C.By “overnight” delivery service; provided that next-business-day delivery is requested by the sender. D.By electronic means. E.Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 17)PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee. 18)PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources <Grantee agency/company Name> Arthur Hinojosa Manager, Division of Regional Assistance P.O. Box 942836 Sacramento, CA 94236 Phone: (916) 653-4736 <Grantee Project Representative Name> <Title> <Mailing address line 1> <Mailing address line 2> Phone: (###) ###-#### Grant Agreement No. <46000XXXXX> Page 8 of 39 Email: Arthur.Hinojosa@water.ca.gov Email: Direct all inquiries to the Project Manager: Department of Water Resources <Grantee agency/company Name> <DWR Project Manager Name> <Title> <Mailing address line 1> <Mailing address line 2> Phone: (###) ###-#### Email: <Grantee Project Manager Name> <Title> <Mailing address line 1> <Mailing address line 2> Phone: (###) ###-#### Email: Either party may change its Project Representative or Project Manager upon written notice to the other party. 19)STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference: Exhibit A – Work Plan Exhibit B – Budget Exhibit C – Schedule Exhibit D – Standard Conditions Exhibit E – Authorizing Resolution Exhibit F – Report Formats and Requirements Exhibit G – Requirements for Data Submittal Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications Exhibit K – Information Needed for Escrow Processing and Closure Exhibit L – Project Monitoring Plan Guidance Exhibit M – Invoice Guidance for Administrative and Overhead Charges Grant Agreement No. <46000XXXXX> Page 9 of 39 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES <INSERT GRANTEE NAME> Arthur Hinojosa Manager, Division of Regional Assistance S <Grantee Project Representative Name> <Title> Date Date ____________________________ Grant Agreement No. <46000XXXXX> Page 10 of 39 EXHIBIT A WORK PLAN (or copy their work plan into this item) NOTE: These are instructions – not to be included in final agreement: The Work Plan shall contain the following items: •For each project, a concise description of each task needed to complete the project. •Grant reporting tasks including the submittal of Quarterly Progress Reports, Invoices, and Final Reports. •A Project Performance Monitoring Plan for the project(s). Project Performance Monitoring Plan requirements are discussed below. •A discussion of the status of acquisition of land or rights-of-way. If land and/or easement acquisition is not applicable, state as such. •A listing of all anticipated permits •If environmental compliance efforts have not been completed, include tasks for environmental compliance. Include any environmental mitigation or enhancement actions or tasks necessary to comply with recommended mitigation measures. •Necessary plans and specifications. Grant Agreement No. <46000XXXXX> Page 11 of 39 Grant Administration IMPLEMENTING AGENCY: <GRANTEE> (Grantee) PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices. Budget Category (a): Project Administration Task 1: Agreement Administration The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement. Task 2: Invoicing The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet. Deliverables: •Quarterly Invoices and associated backup documentation Task 3: Reporting The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report. Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement. Deliverables: •Quarterly Progress Reports •Grant Completion Report Grant Agreement No. <46000XXXXX> Page 12 of 39 PROJECT X: <Awarded Project Name> (as an example purpose only, not specific) IMPLEMENTING AGENCY: <Agency Name / Local Project Sponsor Name> PROJECT DESCRIPTION: <Brief Description of work that will be done, where, and the quantitative benefits that will be provided.> Budget Category (a): Project Administration (if applicable) Instruction: If not applicable, it should say “Not applicable” Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: •Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: •Quarterly Project Progress Reports •Project Completion Report •Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement (if applicable) Instruction: If not applicable, it should say “Not applicable” Task 3: Land Purchase Approximate area of land to be purchased or easement(s) to be acquired. {Add applicable detail } Deliverables: •Documentation supporting property value (if purchased) •All relevant documentation regarding property ownership transfer or acquisition of easement including final recorded deed, title report, etc. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Instruction: If not applicable, it should say “Not applicable” Task 4: Feasibility Studies Project Feasibility Studies were completed as part of the project development process. <Add applicable detail> Deliverables: Grant Agreement No. <46000XXXXX> Page 13 of 39 • Relevant Feasibility Studies Task 5: CEQA Documentation Instruction: Please use the first example if your project has not yet completed CEQA. Please include NEPA compliance in this section, if applicable. Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation. Prepare letter stating no legal challenges (or addressing legal challenges). Or A <NOE/MND/EIR> was filed for this project with the <enter Office of Planning and Research and/or County> in <Month Year>. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting The following permits have been acquired for this project: <Insert description>. The following permits are anticipated to be acquired for this project:<Insert description> Deliverables: • Permits as required Task 7: Design <Insert description.> Deliverables: • Basis of Design Report • 100% Design Plans and Specifications Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 13 for DWR’s review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. <Add applicable detail> Deliverables: • Bid Documents Grant Agreement No. <46000XXXXX> Page 14 of 39 •Proof of Advertisement •Award of Contract •Notice to Proceed Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. <Add applicable detail> Deliverables: •DWR Certificate of Project Completion •Record Drawings Task 11: Construction Construction activities are outlined below. 11(a): Mobilization and Demobilization <Add applicable detail> 11(b): Site preparation will include <Add applicable detail> 11(c): Install, construct, excavate <Add applicable detail> 11(d): Improve <Add applicable detail> Deliverables: •Photographic Documentation of Progress Grant Agreement No. <46000XXXXX> Page 15 of 39 EXHIBIT B BUDGET [Budget Tables provide examples as an outline of the format that may be submitted for this grant program. The budget shall be consistent with the work plan and schedule. AGREEMENT BUDGET SUMMARY PROJECTS Grant Amount Required Cost Share All Other Cost* Total Cost Grant Administration $0 $0 $0 $0 1 Project 1: <Title> $0 $0 $0 $0 X Project X: <Title> $0 $0 $0 $0 GRAND TOTAL $0 $0 $0 $0 *List sources of All Other Cost, including other State Fund Sources. Grant Agreement No. <46000XXXXX> Page 16 of 39 Grant Administration Implementing Agency: BUDGET CATEGORY Grant Amount Required Cost Share All Other Cost* Total Cost (a) Project Administration $0 $0 $0 $0 TOTAL COSTS $0 $0 $0 $0 NOTES: *List sources of All Other Cost, including other State Fund Sources. PROJECT X: <Project X Name> Implementing Agency: BUDGET CATEGORY Grant Amount Required Cost Share All Other Cost* Total Cost (a) Project Administration $0 $0 $0 $0 (b) Land Purchase / Easement $0 $0 $0 $0 (c) Planning / Design / Engineering / Environmental Documentation $0 $0 $0 $0 (d) Construction / Implementation $0 $0 $0 $0 TOTAL COSTS $0 $0 $0 $0 NOTES: * List sources of All Other Cost, including other State Fund Sources. Grant Agreement No. <46000XXXXX> Page 17 of 39 EXHIBIT C SCHEDULE Project Schedule Table is an example that provides an outline of the format for a schedule that may be submitted for this grant program. The schedule must be consistent with the work plan and budget. Grant Administration BUDGET CATEGORY Start Date End Date a Project Administration MM/DD/YYYY MM/DD/YYYY PROJECT X: <Project X Name> BUDGET CATEGORY Start Date End Date a Project Administration MM/DD/YYYY MM/DD/YYYY b Land Purchase / Easement MM/DD/YYYY MM/DD/YYYY c Planning / Design / Engineering / Environmental Documentation MM/DD/YYYY MM/DD/YYYY d Construction / Implementation MM/DD/YYYY MM/DD/YYYY <Add footnote if needed to explain any overlap of construction with Category c or d> Grant Agreement No. <46000XXXXX> Page 18 of 39 EXHIBIT D STANDARD CONDITIONS D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT: A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a non-interest-bearing account, administered, and accounted for pursuant to the provisions of applicable law. C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first. D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph. D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment. D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 9 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. Grant Agreement No. <46000XXXXX> Page 19 of 39 Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the reduced amount. D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10. D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that: A.The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B.The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and Grant Agreement No. <46000XXXXX> Page 20 of 39 are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting. D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes. D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State. D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State. D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited Grant Agreement No. <46000XXXXX> Page 21 of 39 and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355. B.Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following: i.The dangers of drug abuse in the workplace, ii.Grantee’s policy of maintaining a drug-free workplace, iii.Any available counseling, rehabilitation, and employee assistance programs, and iv.Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C.Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement: i.Will receive a copy of Grantee’s drug-free policy statement, and ii.Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract. D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State. Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner. Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement. D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement. D.18. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall: A.Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule). B.Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding. C.Comply with all applicable California, federal, and local laws and regulations. D.Implement the Project in accordance with applicable provisions of the law. E.Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project. F.Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State. Grant Agreement No. <46000XXXXX> Page 22 of 39 G.Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement. H.Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement. D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State. D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for Grant Agreement No. <46000XXXXX> Page 23 of 39 non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing. D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement. D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code, § 9550, et seq.; Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353. D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State. D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement. D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. Grant Agreement No. <46000XXXXX> Page 24 of 39 D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified. D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that: A.Grantee, its contractors, or subcontractors have made a false certification, or B.Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement. D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 9, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 9. D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.42. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. Grant Agreement No. <46000XXXXX> Page 25 of 39 D.43. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. D.44. TIMELINESS: Time is of the essence in this Funding Agreement. D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement. Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that: A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing. B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure. C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program. D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request. D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. Grant Agreement No. <46000XXXXX> Page 26 of 39 EXHIBIT E AUTHORIZING RESOLUTION In addition to the various legal requirements and naming of a designated representative, the resolution should address the applicant’s consent to the use of e-signatures. Grant Agreement No. <46000XXXXX> Page 27 of 39 EXHIBIT F REPORT FORMATS AND REQUIREMENTS The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format. PROGRESS REPORTS Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A: •Percent complete (by work) •Discussion of work accomplished during the reporting period. •Milestones or deliverables completed/submitted during the reporting period. •Meetings held or attended. •Scheduling concerns and issues encountered that may delay completion of the task. For each project, discuss the following at the project level, as organized in Exhibit A: •Work anticipated for the next reporting period. •Photo documentation, as appropriate. •Budget projections for grant share for the next two quarters •Any schedule or budget modifications approved by DWR during the reporting period. PROJECT COMPLETION REPORT The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion. Executive Summary The Executive Summary should include a brief summary of project information and include the following items: •Brief description of work proposed to be done in the original Grant application. •List any official amendments to this Grant Agreement, with a short description of the amendment. Reports and/or Products The following items should be provided, unless already submitted as a deliverable: •A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A •Electronic copies of any data collected, not previously submitted •Discussion of problems that occurred during the work and how those problems were resolved •Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following: •Record drawings •Final geodetic survey information •Project photos Grant Agreement No. <46000XXXXX> Page 28 of 39 Cost & Disposition of Funds A list showing: •Summary of Project costs including the following items: o Accounting of the cost of project expenditure; o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate. Additional Information •Benefits derived from the Project, with quantification of such benefits provided. •If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. •Submittal schedule for the Post-Performance Report. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following: •Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects. •Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each project. Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement. POST-PERFORMANCE REPORT The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided: Reports and/or products •Header including the following: o Grantee Name o Implementing Agency (if different from Grantee) o Grant Agreement Number o Project Name o Funding grant source o Report number •Post-Performance Report schedule •Time period of the annual report (e.g., January 2018 through December 2018) Grant Agreement No. <46000XXXXX> Page 29 of 39 •Project Description Summary •Discussion of the project benefits •An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre- feet of water produced that year, etc.). •Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. •Any additional information relevant to or generated by the continued operation of the project. Grant Agreement No. <46000XXXXX> Page 30 of 39 EXHIBIT G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports. Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org. If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program. A listing of SWRCB staff involved in the GAMA program can be found at: https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml. Groundwater Level Data For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/. Grant Agreement No. <46000XXXXX> Page 31 of 39 EXHIBIT H STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE REQUIREMENTS FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1.Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project). 2.Written internal procedures and flowcharts for the following: a)Receipts and deposits b) Disbursements c)State reimbursement requests d)Expenditure tracking of State funds e)Guidelines, policy, and procedures on State funded Program/Project 3.Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4.Prior audit reports on the State funded Program/Project. State Funding: 1.Original Grant Agreement, any amendment(s) and budget modification documents. 2.A listing of all bond-funded grants, loans, or subventions received from the State. 3.A listing of all other funding sources for each Program/Project. Contracts: 1.All subcontractor and consultant contracts and related or partners’ documents, if applicable. 2.Contracts between the Agency and member agencies as related to the State funded Program/Project. Invoices: 1.Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2.Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3.Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1.Receipts (copies of warrants) showing payments received from the State. 2.Deposit slips (or bank statements) showing deposit of the payments received from the State. 3.Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4.Bank statements showing the deposit of the receipts. Accounting Records: 1.Ledgers showing entries for funding receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3.Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement. Administration Costs: 1.Supporting documents showing the calculation of administration costs. Grant Agreement No. <46000XXXXX> Page 32 of 39 Personnel: 1.List of all contractors and Agency staff that worked on the State funded Program/Project. 2.Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program Project Files: 1.All supporting documentation maintained in the project files. 2.All Grant Agreement related correspondence. Grant Agreement No. <46000XXXXX> Page 33 of 39 EXHIBIT I LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS The Grantee has assigned, for each project, a Local Project Sponsor (LPS). LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below: Local Project Sponsor Agency Designation Sponsored Project: Project 1: <Title> Sponsor Agency: Agency Address: Project Location: Town/City, California (38.1234456, -121.123456) Local Project Sponsor Agency Designation Sponsored Project: Project 2: <Title> Sponsor Agency: Agency Address: Project Location: Town/City, California (38.1234456, -121.123456) Grant Agreement No. <46000XXXXX> Page 34 of 39 EXHIBIT J APPRAISAL SPECIFICATIONS For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format. 1.Title page with sufficient identification of appraisal assignment. 2.Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report. 3.Table of contents. 4.Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed. 5.Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data. 6.Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320. 7.Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable. 8.Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership. 9.A legal description of the subject property, if available. 10.For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries. 11.Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value. 12.Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client. 13.Regional, area, and neighborhood analyses. This information may be presented in a summary format. 14.Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format. 15.Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and Grant Agreement No. <46000XXXXX> Page 35 of 39 encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.). 16.Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets. 17.Subject property leasing and operating cost history, including all items of income and expense. 18.Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership. 19.Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value. 20.For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation. 21.Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision. 22.All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value. 23.Map(s) showing all comparable properties in relation to the subject property. 24.Photographs and plat maps of comparable properties. 25.In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used. 26.Comparable data sheets. a.For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b.For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. Grant Agreement No. <46000XXXXX> Page 36 of 39 c.For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value. 27.For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value. 28.For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work. 29.There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist. 30.For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format. 31.Implied dedication statement. 32.Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached. 33.Discussion of any departures taken in the development of the appraisal. 34.Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice. 35.If applicable, in addition to the above, appraisals of telecommunication sites shall also provide: a.A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b.An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs. Grant Agreement No. <46000XXXXX> Page 37 of 39 EXHIBIT K INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number • Name of Escrow Officer • Escrow Officer’s Phone Number • Dollar Amount Needed to Close Escrow • Legal Description of Property Being Acquired • Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report • Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions • Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title • Copy of Deed for Review Purposes Prior to Recording • Copy of Deed as Recorded in County Recorder’s Office • Copy of Escrow Closure Notice Grant Agreement No. <46000XXXXX> Page 38 of 39 EXHIBIT L PROJECT MONITORING PLAN GUIDANCE Introduction For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below. Project Monitoring Plan Requirements The Project Monitoring Plan shall contain responses to the following questions: •What are the anticipated project physical benefits? •What are the corresponding numeric targets for each project benefit? •How will proposed numeric targets be measured? •What are baseline conditions? •When will the targets be met (e.g., upon project completion, five years after completion)? •How often will monitoring be undertaken (e.g., monthly, yearly). •Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps. •How will the project be maintained (e.g., irrigation, pest management, weed abatement)? •What will be the frequency and duration of maintenance proposed activities? •Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)? •Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)? •How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)? •What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance? •What is the anticipated life of the project? Grant Agreement No. <46000XXXXX> Page 39 of 39 EXHIBIT M INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges. Administration Charges Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as: •There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. •A “fully-burdened labor rate” can be used to capture allowable administrative costs. •The administrative/overhead costs can never include: o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization o Generic markup o Tuition o Conference fees o Building and equipment depreciation or use allowances •Using a general overhead percentage is never allowed Labor Rates The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-14 Agenda Date:1/5/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:GREGORY A. BARFIELD, Director Department of Transportation BY:LINDA TAYLOR, Administrative Manager Department of Transportation SUBJECT ***RESOLUTION - Authorize acceptance of funding in the amount of $100,000 from the Pacific Gas and Electric (PG&E) Foundation Better Together Nature Positive Program, approving the associated Community College Rides Free project, and authorizing execution of grant documents. (Subject to Mayor’s veto) RECOMMENDATION Staff recommends Council adopt a resolution authorizing the Department of Transportation to approve a project proposal to the PG&E Better Together Nature Positive Program seeking funding of $100,000 to subsidize the cost of fares for students of the State Center Community College District (SCCCD), and authorizing the Director of Transportation or designee to execute and file all necessary documents to accept funds on behalf of the City. EXECUTIVE SUMMARY The Department of Transportation is seeking Council approval of the attached resolution authorizing the Department of Transportation to submitted project proposal to the PG&E Better Together Nature Positive Program seeking funding of $100,000 to subsidize the cost of fares for students of the State Center Community College District (SCCCD), and authorizing the Director of Transportation or designee to execute and file all necessary documents to accept funds on behalf of the City. BACKGROUND California faces growing risks to its natural environment and unique biodiversity. Today, about 30% of California’s species are threatened with extinction - more than any other state. Climate change is further threatening California’s natural environment - through direct impacts to habitats and species and indirect impacts through climate-induced changes in resources such as food, water, and habitat quality and availability. As one of the largest landowners in California, PG&E has a long history of responsible stewardship of the natural environment. As such, PG&E is renewing focus on environmental stewardship and are City of Fresno Printed on 1/13/2023Page 1 of 2 powered by Legistar™ 01-05-2023 LC / MA 7-0 Approved on Consent RES. 2023-007 File #:ID 23-14 Agenda Date:1/5/2023 Agenda #: 1.-O. the natural environment. As such, PG&E is renewing focus on environmental stewardship and are pursuing opportunities to invest in partnerships that will promote protecting and restoring land, water, and air in habitats and communities across their service area. The Better Together Nature Positive Innovation Grant Program, funded by the PG&E Corporation Foundation, is requesting proposals of $100,000 to fund five projects (one in each region of PG&E’s service area) in 2022 that address a specific environmental stewardship focus area: ·Land Stewardship ·Air Quality ·Water Stewardship In partnership with Councilmember Tyler Maxwell (District 4), FAX developed the “Community College Rides Free” proposal to reduce carbon emissions in the Greater Fresno County Area while simultaneously providing equitable transportation to local community college students by using grant funds to subsidize the fixed-route bus fares for students of SCCCD campuses during the Spring and Summer 2023 semesters. By subsidizing the costs of bus fare, PG&E has an opportunity to increase transit ridership by providing approximately 125,000 bus rides to college students, decrease single-occupancy vehicle trips, reduce carbon emissions, and provide students reliable transportation to classes, internships, medical appointments, and work. These goals support the PG&E stewardship focus area to improve air quality. Lastly, if proven successful in increasing bus ridership among students, this pilot program could be the basis of a new department policy to seek additional sponsors to continue subsidizing the transit fare to key populations of riders. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this grant application or subsequent fare subsidy does not constitute a project for the purposes of CEQA. LOCAL PREFERENCE Local preference is not applicable because this Resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT This request will have no impact to the General Fund as the proposed project is 100% PG&E funded. Attachment: Resolution City of Fresno Printed on 1/13/2023Page 2 of 2 powered by Legistar™ 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: __PB____ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING ACCEPTANCE OF FUNDING FROM THE PACIFIC GAS AND ELECTRIC (PG&E) FOUNDATION BETTER TOGETHER NATURE POSITIVE PROGRAM, APPROVING THE ASSOCIATED COMMUNITY COLLEGE RIDES FREE PROJECT, AND AUTHORIZING EXECUTION OF GRANT DOCUMENTS WHEREAS, PG&E has a long history of responsible stewardship of the natural environment; and WHEREAS, PG&E is renewing focus on environmental stewardship and are pursuing opportunities to invest in partnerships that promote protecting and restoring land, water, and air in habitats and communities across their service area; and WHEREAS, PG&E is requesting proposals of $100,000 to fund five projects (one in each region of PG&E’s service area) that address a specific environmental stewardship focus area; and WHEREAS, The City of Fresno Department of Transportation/Fresno Area Express (FAX) is an eligible applicant and in partnership with District 4 Councilmember Tyler Maxwell has submitted a project proposal to PG&E and will enter into an agreement with PG&E to receive funding awarded; and WHEREAS, the Community College Rides Free Project was developed to reduce carbon emissions in the Fresno area while simultaneously providing equitable transportation to local community college students; and 2 of 3 WHEREAS, the Community College Rides Free Project includes using the awarded PG&E funding to subsidize the cost of fares for students of the State Center Community College District (SCCCD); and WHEREAS, the City delegates authorization to execute these documents and any amendments thereto to the Director of Transportation, or designee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The City authorizes acceptance of funding from the PG&E Foundation Better Together Nature Positive Program. 2.The City approves the associated Community College Rides Free Project 3.The Director of Transportation, or designee, is authorized to execute all required documents to accept funding from and participate in the PG&E program and any amendments thereto. 4.This resolution shall be effective upon final approval. 3 of 3 * * * * * * * * * * * * ** STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Name Date Title City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-57 Agenda Date:1/5/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:LUIS CHAVEZ, COUNCILMEMBER District 5, City Council SUBJECT Declaring local state of emergency to address affordable housing and homelessness. City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-25 Agenda Date:1/5/2023 Agenda #: 4.-A. REPORT TO THE CITY COUNCIL FROM:TYLER MAXWELL, Council Vice President District 4, City Council SUBJECT RESOLUTION of the City of Fresno, California Honoring Fresno State Athletics and Urging Admission to a Power Five Conference. City of Fresno Printed on 1/6/2023Page 1 of 1 powered by Legistar™ 01-05-2023 TM / MK 7-0 RES. 2023-008 RESOLUTION NO. ____________ A Resolution of the City of Fresno, California Honoring Fresno State Athletics and Urging Admission to a Power Five Conference WHEREAS, California State University, Fresno (Fresno State) is a top-ranked public university. US News & World Report has, for the past five years, named Fresno State third among national public universities for graduation-rate performance. Washington Monthly has consistently ranked Fresno State among the nation’s best universities. In 2022, it ranked Fresno State the nation’s 36th best university – top among the California State University system; and WHEREAS, Fresno State offers a world-class education that spans various fields, including business, engineering, agriculture, and nursing. These programs have made Fresno State a social mobility leader among four-year public universities. Furthermore, Fresno State’s world- class education positively promotes the economic vitality of Central California and is fundamental to the future of food-security in our country and world; and WHEREAS, the university has a distinguished athletic program that has produced national championships in baseball (2008) and softball (1998), as well as numerous Mountain West Conference championships in various sports; and WHEREAS, Fresno State football has a strong history of success, including 29 conference championships and 16 bowl game victories. In 2022, the Fresno State football team – led by coach Jeff Tedford – achieved the greatest in-season turnaround in major college football history, finishing with 10 wins after a 1-4 start. The Bulldogs finished the season by winning the Mountain West Conference championship and then posting a decisive 29-6 Jimmy Kimmel LA Bowl victory over the Pac-12’s Washington State, making them the only California university to win their bowl game; and WHEREAS, Fresno State has an impressive athletic alumni class that currently includes the following professional players: Derek Carr, Davante Adams, Paul George, and Aaron Judge. These athletes are the latest champions to achieve success at the professional level and through their exceptional accomplishments have brought national recognition to the Fresno region and Fresno State; and WHEREAS, The Fresno State Bulldogs are the region’s undisputed team, as they have a devoted an enthusiastic fan base that regularly fills not only Valley Children's Stadium – the school’s home venue – but away-game stadiums as well; and WHEREAS, The City of Fresno is a proud Fresno State athletics and academics partner. The City recognizes and values the positive impact that Fresno State has on the culture and economy of our entire region. NOW, THEREFORE, BE IT RESOLVED that we, Mayor Jerry Dyer and the Fresno City Council, do hereby: 1.Recognize the Fresno State Bulldogs for their outstanding 2022 football season, as well as Fresno State’s overall achievements in athletics and academics. 2.Urge the Pac-12 and Big 12 conferences – in recognition of Fresno State's overall excellence, contributions to intercollegiate athletics and higher education, and future potential – to open serious discussions with the university to join one of their conferences. 3.Declare this resolution effective upon final approval. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-17 Agenda Date:1/5/2023 Agenda #: 5.-A. REPORT TO THE CITY COUNCIL SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-44 Agenda Date:1/5/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code Section 54956.9, subdivision (d)(2); Case Name(s): Adventure Church, Inc. v. City of Fresno; Terance Frazier; Fresno Superior Court Case No. 22CECG04022 City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-45 Agenda Date:1/5/2023 Agenda #: 5.-C. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code Section 54956.9, subdivision (d)(2); Case Name(s): PW Fund B, LP; Span Development, LLC; Robin W. Martella Trust v. City of Fresno City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-46 Agenda Date:1/5/2023 Agenda #: 5.-D. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957 (a): Discuss security of City Hall. City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-43 Agenda Date:1/5/2023 Agenda #: 5.-E. CLOSED SESSION ITEM January 5, 2022 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Nelson Esparza v. Garry Bredefeld; Fresno Superior Court Case No. 22CECG01469 City of Fresno Printed on 12/29/2022Page 1 of 1 powered by Legistar™ 01-05-2023 Discussed, GB & NE Recused